Transport Bill - continued        House of Lords
PART IV, RAILWAYS - continued
Publication of consent at stations - continued

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Conditions.     236. - (1) In section 37(1) of the Railways Act 1993 (notice of proposed closure of non-franchised passenger services except where closure is minor closure), after "minor closure" insert "and the service operator has agreed to comply with any conditions imposed by the Authority".
 
      (2) In sections 39(1) and 41(1) of that Act (notice of proposed closure of whole or part of network or facility except where closure is minor closure), after "minor closure" insert "and the operator has agreed to comply with any conditions imposed by the Authority".
 
      (3) In section 55(10) of that Act (enforcement), in the definition of "relevant condition or requirement", after paragraph (c) insert-
 
 
    "(d) in the case of a person (other than the Authority) who is required to comply with closure conditions or has agreed to comply with conditions under section 37(1), 39(1) or 41(1) above, any of those conditions;",
 
    and, in the definition of "relevant operator", for "or person under closure restrictions" substitute ", person under closure restrictions or person who is required to comply with closure conditions or has agreed to comply with conditions under section 37(1), 39(1) or 41(1) above".
      (4) In sections 37(8)(b), 38(6)(b), 39(9)(b), 40(6)(b), 41(8)(b) and 42(5)(b) of that Act (securing compliance with closure conditions), after "secure" insert "(in accordance with sections 55 to 58 below)".
 
Closure of unnecessary track to be minor closure.     237. In section 39(10) of the Railways Act 1993 (proposals to close part of network used or previously used for or in connection with provision of services for carriage of passengers), in the definition of "minor closure", after paragraph (a) insert-
 
 
    "(aa) any part of a network which consists of a stretch of track, or installations associated with a stretch of track, doing no more than serve a station or light maintenance depot, or some part of it, where the circumstances are such that-
 
      (i) that part of the network is not necessary for the use of the station or light maintenance depot, or that part of it, for the purpose of or in connection with the provision of services for the carriage of passengers by railway; or
 
      (ii) the use of the station or light maintenance depot, or that part of it, has been or is proposed to be subject to termination constituting a minor closure within the meaning of section 41 below; or".
General determinations of minor closures.     238. In the Railways Act 1993, after section 46 insert-
 
 
"General determinations of minor closures.     46A. - (1) The Authority may make a general determination for the purposes of any or all of sections 37(1), 38(2), 39(1), 40(2), 41(1) and 42(2) above that closures of a particular class or description are minor closures.
 
    (2) Where the Authority makes or revokes a general determination under subsection (1) above, it shall-
 
 
    (a) give a copy of the determination or revocation to the Regulator; and
 
    (b) publish it in such manner as it considers appropriate.
      (3) The revocation of a general determination made under subsection (1) above shall not affect any closure if its status as a minor closure by virtue of the general determination has been relied on before the revocation as the ground for not giving a notice or for discontinuing any services or the operation of the whole or part of any network or facility."
 
Operator's duty to continue.     239. - (1) In section 37 of the Railways Act 1993 (closures of non-franchised passenger services)-
 
 
    (a) in subsections (1) and (3)(b), for "will" substitute "proposes to", and
 
    (b) in subsection (6), for the words following the paragraphs substitute "and the service operator shall not discontinue the services to which the proposed closure relates before the end of the interim period."
      (2) In section 39(7) of that Act (closures of operational passenger networks), for the words following the paragraphs substitute "and the operator shall not discontinue the operation of the network, or the part of the network, to which the proposed closure relates before the end of the interim period."
 
      (3) In section 41(6) of that Act (closures of railway facilities used in connection with passenger services), for the words following the paragraphs substitute "and the operator shall not terminate the use of the relevant facility, or the part of the relevant facility, to which the proposed closure relates before the end of the interim period."
 
      (4) In section 55(10) of that Act (enforcement), in the definition of "relevant condition or requirement", in paragraph (c)(i), for the words after "under" substitute "section 37(1) or (6), 39(1) or (7) or 41(1) or (6) above not to discontinue a railway passenger service or the operation of the whole or part of a network or not to terminate the use of the whole or part of a station or light maintenance depot; and".
 
 
The Board
Transfer of Board's property etc. to Secretary of State.     240. Schedule 25 makes provision for the transfer to the Secretary of State of property, rights and liabilities of the Board.
 
Winding down and abolition of Board.     241. - (1) Section 84 of the Railways Act 1993 (power of Board to form companies) shall apply as if facilitating the carrying into effect of, or of any provision made under, sections 217, 218 and 240 and Schedules 18, 19 and 25 were a purpose specified by the Secretary of State under subsection (1)(d) of that section; and section 85 of that Act (power of Board to make transfer schemes) shall apply as if that were a purpose specified in subsection (3)(b) of that section.
 
      (2) The Board shall give to the Authority any information, prepare any document and do any other thing which appears to the Authority appropriate for facilitating the carrying into effect of, or of any provision made under, sections 217, 218 and 240 and Schedules 18, 19 and 25.
 
      (3) The Secretary of State may-
 
 
    (a) by order made by statutory instrument reduce the membership of the Board to a chairman and one or more other persons appointed by the Secretary of State, and
 
    (b) by notice in writing remove from office any member of the Board or vary the terms of his appointment.
      (4) When, after consulting the Board, the Secretary of State considers that it is no longer necessary for the Board to continue to exist, he shall by order made by statutory instrument provide for its dissolution.
 
      (5) If a person ceases to hold office as chairman or a member of the Board by virtue of subsection (3)(b) or (4) before his term of office would otherwise have expired and the Secretary of State determines that there are special circumstances which make it right that the person should receive compensation-
 
 
    (a) if the person ceases to hold office by virtue of subsection (3)(b), the Board, and
 
    (b) if the person ceases to hold office by virtue of subsection (4), the Secretary of State,
       shall pay to the person such compensation as may be determined by the Secretary of State.
 
      (6) Where an order under subsection (4) provides for the Board to be dissolved with effect from a time which would not, apart from this subsection, be the end of its financial year, the financial year of the Board which is current at that time shall be deemed to end with its dissolution.
 
      (7) An order under subsection (4) which so provides may contain such provision as the Secretary of State considers appropriate (including provision modifying the effect of any enactment) for the Board or the Authority-
 
 
    (a) to prepare accounts for the final financial year of the Board, and
 
    (b) to make and lay before Parliament a report relating to the carrying out of the Board's functions during that financial year.
 
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