Great Northern Railway Act, 1953

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Termination of common service.

23.—(1) The succeeding provisions of this section shall, not-withstanding any statutory or other obligation to the contrary, apply to the termination of a common service.

(2) The Board, the Minister or the Minister of Commerce may propose the termination of a common service and thereupon—

(a) the proposal shall be submitted for the joint consideration of the Minister and the Minister of Commerce,

(b) the Minister, if he thinks proper, may, in agreement with the Minister of Commerce, refer the proposal to the Chairman of the Transport Tribunal to advise and report in collaboration with the Chairman of the Transport Tribunal for Northern Ireland,

(c) the Chairman of the Transport Tribunal shall have power, jointly with the Chairman of the Transport Tribunal for Northern Ireland, to engage the services of other persons for the purpose of assisting them in considering the proposal and to hold a public inquiry on the proposal,

(d) the fees of any person engaged as aforesaid shall be such as are approved of by the Minister, with the consent of the Minister for Finance, and by the Ministry, and the Minister shall pay one-half of the amount of—

(i) any fees so approved, and

(ii) the expenses incurred by the Chairman of each Tribunal in advising and reporting on the proposal, and

(iii) the expenses of holding any public inquiry on the proposal.

(3) After considering any advice and report as aforesaid, the Minister and the Minister of Commerce may together—

(a) authorise the termination of the common service, or

(b) refuse to consent to the termination of the service.

(4) Where after considering any advice and report as aforesaid the Minister of Commerce consents to the termination of a common service but the Minister does not consent, the Board shall continue the service and the Minister shall be liable to make good to the Board any loss sustained by the continuance of the service.

(5) Any right of the Board under this section to terminate a common service on any railway line shall not affect in any way any obligation of the Board to continue to provide any other service theretofore provided on that line, but the Board, on becoming entitled to terminate the common service, may, and shall if so directed by the Minister, proceed in accordance with section 24 to terminate wholly that other service.

(6) Where the Board by virtue of this section terminates a common service—

(a) such termination shall not affect in any way any liability of the Board to maintain bridges, level crossings, fences, drains and other works constructed and maintained for the use, accommodation or protection of the public generally or of any members of the public or of the owners or occupiers of particular lands;

(b) so much of section 47 of the Railways' Clauses Consolidation Act, 1845 , as makes it obligatory to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on any part of the railway line concerned over which the Board is not for the time being obliged to provide any other service if and so long as all the gates on that level crossing are kept and secured in such position as to permit the free passage of road traffic across the line at that level crossing.