The Railways Act 2005 (Commencement No. 7, Transitional and Saving Provisions) Order 2006

Minor closures

4.—(1) Where, before 1st December 2006 the Authority—

(a) has been considering whether a closure is a minor closure as mentioned in section 37(1), 39(1) or 41(1) of the 1993 Act, and

(b) has not determined that question by that date,

the Secretary of State shall determine that question and the definition of “minor closure” in that section shall continue to have effect for the purposes of that determination.

(2) Where—

(a) the Authority has, before 1st December 2006, made a determination under section 37(1), 38(2), 39(1), 40(2), 41(1) or 42(2) of the 1993 Act that a closure is a minor closure but such closure has not taken effect before that date, or

(b) the Secretary of State has made a determination under paragraph (1) that a closure is a minor closure,

the closure may take effect at any time as a minor closure and Part 4 of the 2005 Act does not apply in such a case.

(3) Section 46B of the 1993 Act (notification of minor closures to the Office of Rail Regulation) shall have effect in relation to a determination made under paragraph (1) as if for “the Authority” there were substituted “the Secretary of State”.