Railways Act 1993

24 Exemption of passenger services from section 23(1).

(1) The appropriate designating authority may by order grant exemption from designation under section 23(1) above in respect of such services for the carriage of passengers by railway as may be specified in the order, but subject to compliance with such conditions (if any) as may be so specified. (2) An exemption under subsection (1) above may be granted— (a) to persons of a particular class or description or to a particular person; and (b) in respect of services generally, services of a particular class or description or a particular service, or in respect of part only of any such services or service; and an exemption granted to persons of a particular class or description shall be published in such manner as the appropriate designating authority considers appropriate for bringing it to the attention of persons of that class or description. (3) If a person who provides, or who proposes to introduce, services for the carriage of passengers by railway makes an application to the appropriate designating authority under this subsection for the grant of an exemption from designation under section 23(1) above in respect of any such service which he provides or proposes to introduce, the appropriate designating authority , after consultation with the Office of Rail and Road . . . — (a) may either grant or refuse the exemption, whether wholly or to such extent as the appropriate designating authority may specify in the exemption; and (b) if and to the extent that the appropriate designating authority grants it, may do so subject to compliance with such conditions (if any) as the appropriate designating authority may so specify. (3A) Before granting an exemption in respect of a cross-border service, the Secretary of State must consult the Scottish Ministers. (3B) Before granting an exemption in respect of a Welsh service, the Secretary of State must consult the Welsh Ministers. (4) Before granting an exemption under subsection (3) above, the appropriate designating authority shall give notice— (a) stating that it proposes to grant the ... exemption, (b) stating the reasons why it proposes to grant the ... exemption, and (c) specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed ... exemption may be made, and shall consider any representations or objections which are duly made and not withdrawn. (5) A notice under subsection (4) above shall be given by publishing the notice in such manner as the appropriate designating authority considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the ... exemption. (6) If any condition (the “broken condition") of an exemption granted by the appropriate designating authority is not complied with, it may give to any relevant person a direction declaring that the ... exemption is revoked, so far as relating to that person, to such extent and as from such date as may be specified in the direction. (7) For the purposes of subsection (6) above— “condition”, in relation to an exemption, means any condition subject to compliance with which the exemption was granted; “relevant person”, in the case of any ... exemption, means a person who has the benefit of the ... exemption and who— is a person who failed to comply with the broken condition or with respect to whom the broken condition is not complied with; or provides any of the services in relation to which the broken condition is not complied with. (8) Subject to subsection (6) above, an exemption granted under this section, unless previously revoked in accordance with any term contained in the ... exemption, shall continue in force for such period as may be specified in, or determined by or under, the ... exemption. (9) Any application for an exemption under subsection (3) above must be made in writing; and where any such application is made, the appropriate designating authority may require the applicant to furnish it with such information as the appropriate designating authority may consider necessary to enable it to decide whether to grant or refuse the ... exemption. (10) Any ... exemption granted under subsection (3) above shall be in writing. (11) Subsections (1) and (3) above apply in relation to the grant of an exemption under this section whether it is to become effective on, or after, the day on which section 23(1) above comes into force. (12) An exemption under this section may make different provision for different cases. (12A) A statutory instrument containing an order under this section by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament. (12B) A statutory instrument containing an order under this section made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .