§ 57 — Reopening railway after service suspension order

57.—(1) A cross-border railway which has been closed under section 56 must not be reopened when the service suspension order has effect, except with the Minister’s approval.(2) The Minister may refuse approval to reopen a cross‑border railway if there is no satisfactory report by a rail safety inspector about the cross‑border railway.

(3) A report by a rail safety inspector is unsatisfactory unless it states that —(a)

the rail safety inspector has inspected the cross‑border railway in question, including the railway infrastructure, railway assets and all other equipment to be used for or in connection with the provision of network services and cross‑border train services; and

(b)

in the rail safety inspector’s opinion —(i)

the cross-border railway in question is fit to resume receiving trains and to reopen; and

(ii)

the reopening of the railway is unlikely to endanger or damage any railway asset or railway infrastructure of the cross‑border railway, or endanger any passenger to be carried on or person lawfully employed or engaged to work on that railway.

(4) In deciding whether to give his or her approval under subsection (1) to reopen a cross‑border railway, the Minister must consult the relevant bilateral committee for the railway but is not bound by the opinion of the bilateral committee.

—(1) A cross-border railway which has been closed under section 56 must not be reopened when the service suspension order has effect, except with the Minister’s approval.

(2) The Minister may refuse approval to reopen a cross‑border railway if there is no satisfactory report by a rail safety inspector about the cross‑border railway.

(3) A report by a rail safety inspector is unsatisfactory unless it states that —(a)

the rail safety inspector has inspected the cross‑border railway in question, including the railway infrastructure, railway assets and all other equipment to be used for or in connection with the provision of network services and cross‑border train services; and

(b)

in the rail safety inspector’s opinion —(i)

the cross-border railway in question is fit to resume receiving trains and to reopen; and

(ii)

the reopening of the railway is unlikely to endanger or damage any railway asset or railway infrastructure of the cross‑border railway, or endanger any passenger to be carried on or person lawfully employed or engaged to work on that railway.

(4) In deciding whether to give his or her approval under subsection (1) to reopen a cross‑border railway, the Minister must consult the relevant bilateral committee for the railway but is not bound by the opinion of the bilateral committee.