Barbara Castle – 1968 Transport Act and Railway Closures

The text of the 1968 Transport Act, as enacted, with regards to railway closures.

54 Railway closures

(1)In discharging any of his functions under subsection (8) or (10) of section 56 of the Act of 1962 or under subsection (5) of this section in relation to, or to a proposal by the Railways Board or the London Board for, the discontinuance of all railway passenger services from any station or on any line (hereafter in this section, as in that section, referred to as a closure), the Minister shall have regard to any matters which for the time being appear to him to be relevant, including any social or economic considerations, and shall not give his consent to a proposed closure—

(a)unless he is satisfied that a reasonable opportunity has been afforded for the making to the Minister of representations with respect to the closure by or on behalf of persons who are employed by the Board concerned for the purposes of, or in connection with, the services in question and who appear to the Minister to be likely to be directly affected by the closure ; or

(b)before he has considered any representations made while that opportunity remains available which he is satisfied are either made by such persons as aforesaid or made on behalf of such persons by an organisation appearing to him to represent such persons.

(2)In the case of a proposed closure of a station from which, or of a line on the whole or part of which, railway passenger services fall to be provided by the Railways Board in pursuance of an agreement under section 20(2)(b) of this Act with the Executive for an area designated under section 9(1) thereof, the Board shall not publish a notice of that closure in pursuance of subsection (7) of the said section 56 without the consent of that Executive to its publication ; and if the Board publish the notice before obtaining that consent, the notice shall be of no effect unless before the expiration of the period fixed by the notice for objecting to the closure either—

(a)the Executive have informed the Board in writing that they consent to the publication ; or

(b)the Minister, on an application made for the purpose by the Board, whether before or after the publication of the notice, and after affording the Executive what the Minister considers a reasonable opportunity to make any representations, has directed that the notice shall have effect notwithstanding that the Executive have not consented to its publication ;

but the giving by the Executive of their consent to publication of a notice in pursuance of the said subsection (7) shall not affect the right of the Executive under subsection (4) of this section to oppose the closure.

(3)Where, in the case of any proposed closure, subsection (2) of this section does not apply but the proposal is for the closure of a station, or of the whole or part of a line, which is situated within an area designated as aforesaid, the Railways Board shall send to the Executive for that area a copy of the notice of the closure published by the Board in pursuance of the said subsection (7).

(4)Where, in the case of any closure to which subsection (2) or (3) of this section applies, notice of the closure has been published by the Railways Board in pursuance of the said subsection (7) (not being a notice which under the said subsection (2) is of no effect), the Executive concerned may, within the period specified in the notice for objecting to the closure, lodge with the Minister a statement in writing that they oppose the closure and of their reasons therefor; and where the Executive lodge such a statement with the Minister they shall send a copy of that statement to the Board and, notwithstanding that no objection is lodged in accordance with subsection (8) of the said section 56, the closure shall not be proceeded with until the Minister has given his consent.

(5)In the case of any closure requiring the consent of the Minister under the said section 56 or under subsection (4) of this section—

(a)the Minister may give his consent subject to such conditions as he thinks fit, including conditions to be complied with after the closure ;

(b)the Minister may from time to time vary or revoke the conditions for the time being required to be complied with in connection with the closure, whether the closure took place before or after the coming into force of this subsection;

(c)those conditions may include conditions as to the provision of alternative services by, or by a subsidiary of, the Bus Company or the Scottish Group, or by some other person whether in pursuance of arrangements made by the Bus Company or the Scottish Group or otherwise; and

(d)whether before or after the closure, and whether the closure took place before or after the coming into force of this subsection, the Minister may from time to time give such directions to the Railways Board or, as the case may be, the London Board and to the Bus Company, and the Secretary of State may from time to time give such directions to the Scottish Group, as he thinks fit in connection with the closure;

and where any such condition or direction relates to the provision or assistance in the provision of alternative services, the Minister or, where those alternative services are to be provided by, or by a subsidiary of, or in pursuance of arrangements made by, the Scottish Group, the Minister and the Secretary of State acting jointly may refer to an Area Committee within the meaning of the said section 56 any matter relating to those services, and the committee shall consider and report on that matter to the Minister or, as the case may be, to the Minister and the Secretary of State.

(6)Where any condition or direction such as is referred to in subsection (5) of this section requires the provision of alternative services by, or by a subsidiary of, the Bus Company or the Scottish Group or in pursuance of arrangements made by that Company or that Group, the cost of providing those alternative services shall be borne by that Company or, as the case may be, that Group.

(7)For the purposes of subsections (5) and (6) of this section any conditions imposed under subsection (11) of the said section 56, so far as still required to be complied with immediately before the coming into force of the said subsection (5), shall have effect as if imposed under the said subsection (5).

(8)Paragraphs 9 and 10 of Schedule 7 to the Act of 1962 (which contain spent transitional provisions with respect to matters pending at the date of the coming into force of the said section 56) shall cease to have effect.