The Railway Closures (Minor Modifications) Order 2009

• Citation: S.I. 2009/2973
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Railway Closures (Minor Modifications) Order 2009 and comes into force on 10th December 2009.

Section 2 The discontinuance of network

(1) The discontinuance of the operation of a part of a network is eligible to be treated as a minor modification so far as the part of the network consists of a stretch of track that runs through or beside, but does not serve, a station and the circumstances are such that-

(a) trains that would otherwise use that stretch of track, in travelling through or beside the station, will instead pass along an alternative route through or beside the station; and

(b) the operational capacity and capability of the network is not reduced as a result of the discontinuance.

(2) In paragraph (1):–

(a) “operational capacity” means the ability of the network to accommodate a quantum of train services;

(b) “capability” means the availability of operational capacity as set out in the network statement in force at the time of the discontinuance; and

(c) “network statement” means the network statement published by the infrastructure manager of the network as required by the Railways Infrastructure (Access and Management) Regulations 2005 .

Section 3 Extent

(1) This Order applies only to non-Scottish closures.

(2) In paragraph (1) “non-Scottish closures” means closures other than those closures referred to in paragraphs (a) to (e) of section 35(7) of the Railways Act 2005.