Section 56: Procedural requirements for section 55 orders., Railways Act 1993

Before it makes a final order or confirms a provisional order, the appropriate authority shall give notice—

stating that it proposes to make or confirm the order and setting out its effect,

setting out—

the relevant condition or requirement for the purpose of securing compliance with which the order is to be made or confirmed,

the acts or omissions which, in its opinion, constitute or would constitute contraventions of that condition or requirement, and

the other facts which, in its opinion, justify the making or confirmation of the order, and

specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

A notice under subsection (1) above shall be given—

by publishing the notice in such manner as the appropriate authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

by serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the relevant operator to whom the order relates.

Where the Office of Rail and Road serves a copy of a notice under subsection (1) above on a licence holder, he shall also serve a copy on the Secretary of State and on the Scottish Ministers and the Welsh Ministers.

The appropriate authority shall not make a final order with modifications, or confirm a provisional order with modifications, except—

with the consent to the modifications of the relevant operator to whom the order relates; or

after complying with the requirements of subsection (4) below.

The requirements mentioned in subsection (3) above are that the appropriate authority shall—

serve on the relevant operator to whom the order relates such notice as appears to him requisite of its proposal to make or confirm the order with modifications;

unless the proposed modifications are trivial, in that notice specify a period (not being less than seven from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and

consider any representations or objections which are duly made and not withdrawn.

As soon as practicable after making a final order or making or confirming a provisional order, the appropriate authority shall—

serve a copy of the order on the relevant operator to whom the order relates; and

publish the order in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

Before revoking a final order or a provisional order which has been confirmed, the appropriate authority shall give notice—

stating that it proposes to revoke the order and setting out the effect of its revocation, and

specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

If, after giving notice under subsection (6) above, the appropriate authority decides not to revoke the order to which the notice relates, it shall give notice of its decision.

A notice under subsection (6) or (7) above shall be given—

by serving a copy of the notice on the relevant operator to whom the order relates.

Section 56: Procedural requirements for section 55 orders.

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