Citation and commencement

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

The discontinuance of network

2. —(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 ( 2 ).

Extent

3. —(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 .