When the Office of Rail and Road has received the application or notice of a variation, it
If the person specified in the application makes representations that he is not an appropriate person to do what the direction would require him to do, the Office of Rail and Road must decide that issue in advance of considering any other matters which may be relevant in deciding whether to give the direction.
If that person makes such representations but the Office of Rail and Road decides that he is an appropriate person to do what the direction would require him to do, the Office of Rail and Road must—
The Office of Rail and Road must—
Subject to subsection (6) below, the Office of Rail and Road may substitute as the applicant any other person if—
consent to the substitution.
The applicant may, by giving notice in writing to the Office of Rail and Road, withdraw or suspend the application at any time before the Office of Rail and Road decides whether to give the direction.
The Office of Rail and Road may direct—
to provide him with any information required by him in order to decide whether to give the direction.
If a person fails to comply with a direction under subsection (7) above, the High Court or the Court of Session may, on the application of the Office of Rail and Road make such order as it thinks fit for requiring the failure to be made good.
Such an order may provide that all the costs or expenses of and incidental to the application shall be borne by—