§ 37 — Directions affecting licensees

37.—(1) The LTA may give directions to be observed by a licensee for or in respect of the following matters:(a)

the maintenance and operation of the cross-border railway specified in the licence of the licensee;

(b)

the safety of passengers travelling on or persons who use, or who are engaged in any work on, the cross‑border railway specified in the licence of the licensee;

(c)

the testing and commissioning of the cross‑border railway specified in the licence of the licensee;

(d)

the measures necessary for licensees to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or other public emergency;

(e)

any survey for any improvement or expansion of the cross‑border railway specified in the licence of the licensee;

(f)

any other matters affecting the interests of the public in connection with the services provided by the licensee.

(2) Subject to subsection (5), any direction given under subsection (1) —(a)

may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the direction or are of a description as specified in the direction;

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and

(c)

may be revoked at any time by the LTA.

(3) Before giving any direction to any licensee under subsection (1), the LTA —(a)

must give notice to the licensee —(i)

informing the licensee of the proposed direction and setting out its effect; and

(ii)

specifying the time within which representations may be made by the licensee in connection with the proposed direction,

unless the LTA, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and

(b)

must consider any written representation mentioned in paragraph (a)(ii) which is duly made by the licensee.

(4) Every licensee must comply with every direction given to it by the LTA under this section.

(5) This section does not authorise the giving of a direction to any licensee to stop —(a)

providing a cross-border train service on any cross‑border railway; or

(b)

providing network services to the extent that any cross‑border train service must stop.

—(1) The LTA may give directions to be observed by a licensee for or in respect of the following matters:(a)

the maintenance and operation of the cross-border railway specified in the licence of the licensee;

(b)

the safety of passengers travelling on or persons who use, or who are engaged in any work on, the cross‑border railway specified in the licence of the licensee;

(c)

the testing and commissioning of the cross‑border railway specified in the licence of the licensee;

(d)

the measures necessary for licensees to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or other public emergency;

(e)

any survey for any improvement or expansion of the cross‑border railway specified in the licence of the licensee;

(f)

any other matters affecting the interests of the public in connection with the services provided by the licensee.

(2) Subject to subsection (5), any direction given under subsection (1) —(a)

may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the direction or are of a description as specified in the direction;

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and

(c)

may be revoked at any time by the LTA.

(3) Before giving any direction to any licensee under subsection (1), the LTA —(a)

must give notice to the licensee —(i)

informing the licensee of the proposed direction and setting out its effect; and

(ii)

specifying the time within which representations may be made by the licensee in connection with the proposed direction,

unless the LTA, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and

(b)

must consider any written representation mentioned in paragraph (a)(ii) which is duly made by the licensee.

(4) Every licensee must comply with every direction given to it by the LTA under this section.

(5) This section does not authorise the giving of a direction to any licensee to stop —(a)

providing a cross-border train service on any cross‑border railway; or

(b)

providing network services to the extent that any cross‑border train service must stop.