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Consultation on Proposed New Categories for Minor Modifications Under the Railways Act 2005

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The Proposals

This consultation is seeking views on creating new categories of Minor Modification that can be used for two types of closure that would currently be required to follow the full closure process even though there is limited effect on the provision of railway passenger services.

These two categories are;

  • Station relocation.
  • Reducing a multiple track railway that runs through a station to a minimum of a single track.

Proposal 1 - Station Relocation

Under the current legislation, a railway station that is replaced by another (new) railway station a short distance along the line is required to follow the process set out in the Closures Guidance published by the Government in October 2006.

To comply with this guidance a full economic assessment and public consultation must have been carried out. The Office of Rail Regulation ( ORR) would then ratify that this process has been followed before any Closure could take effect.

The Scottish Government is proposing that in certain circumstances, where there does not appear to be a material adverse impact to passengers on the provision of railway passenger services, the alternative Minor Modification process may be more appropriate.

The Act permits the Scottish Ministers to make an Order to do so where there is limited effect on the provision of railway passenger services.

In Scotland there have been a number of station relocations that have required to follow the full Closures process including that of Partickhill and Merkland Street stations which closed and re-opened as the current Partick Station in 1979. Partick Station is approximately 25 metres from the original Merkland Street Station.

If station relocation were to be treated as a Minor Modification, it would need to meet certain criteria.

The Scottish Government is proposing the following as the eligibility criteria;

  • The maximum distance between the closest points of the old and new stations along the railway line is 450 metres; and one or more of the following also applies;
  • The station is being relocated as part of an enhancement scheme where either or both of the following applies;

a) The station facilities at the new station are of a modern-day equivalent to or higher specification than those of the old station, including accessibility measures;

b) There will be an improved quantum of services from the new location;

  • The distance between the old and the new stations for pedestrian access is not significantly increased for the majority of people living within a radius of 800 metres of the old station;
  • The distance between the old and new stations for road access is not significantly increased for the majority of people living within a radius of 2 kilometres from the old station;
  • The old station will not be closed before the new station is ready to come into operational use. For the avoidance of doubt, it would be acceptable that an overnight changeover between locations occurs;
  • The new station serves an area where housing has developed in a different location and a new station would better serve that community without disbenefit to the community that the old station initially served;

Proposal 2 - Reductions in a multiple track railway within a station

Section 39(2) of the Railways Act 1993 exempted any proposal to discontinue the operation of a part of a multiple track railway between any two places on the network from closures provisions, provided that the railway line in question would continue to be at least a single track between those two places.

The Railways Act 2005 has not adequately captured this provision as a Minor Modification.

A multiple track could be reduced to a single track currently as an eligible Minor Modification on any part of the network other than if a section ran through a station.

Section 35(2) of the Act can be used if the part of the network does not consist of a station or a station in use, whilst Section 35(3) can be applied where the track does no more than serve a station or Light Maintenance Depot.

This has left a gap in the provisions where a multiple track railway runs through a station, but does not serve the station

An example of this occurred at Montrose station. A freight bypass which did not serve any platform, having fallen into disuse, was removed on the grounds of efficiency, saving considerable costs in terms of the maintenance required for the infrastructure.

Upgrading of the signalling allowed bi-directional running on the remaining tracks through the station.

There has been no reduction in service at the station following the removal of the track.

This additional criterion is designed to fill that gap and would allow schemes which may involve track re-modelling within the environs of a station, for example, to be treated as a Minor Modification rather than require a full closure as would presently be the case.

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Page updated: Wednesday, September 17, 2008