Railway Closures
The permanent withdrawal of a passenger rail service or facility is termed a “railway closure”. To protect the interests of the public, there are legal procedures which must be followed before a closure can take place. Different procedures apply according to which of three main categories a closure proposal falls into:
Major closures – the removal of all train services from a National Rail line or station
Minor closures – the removal of a passenger facility (such as a platform, ticket office or toilet) at a National Rail station or of a section of line which does not prevent train services from continuing to run
London closures – the removal of all train services from a line or station operated by Transport for London (including the Underground and Docklands Light Railway).
Each of these categories is explained more fully below.
No ordinary railway line, station or service can be permanently closed unless certain legal procedures have been completed. These procedures are set out in detail in Part 4 and Schedules 7 and 8 of the Railways Act 2005.
This note is not a definitive guide to the law, and reference should be made to the Act in relation to particular points of detail.
Closure proposals may relate to railway networks (i.e. lines), services (i.e. all trains on a line) or stations. They may be made by railway operators, franchising authorities (in England, this is the Department for Transport), or funding authorities (in Greater London, this is Transport for London). Slightly different procedures apply in each case, and are set out fully in the Act.
The following information relates to franchised rail services, which form the great majority of those provided in the area covered by London TravelWatch. It does not apply to certain special types of service (such as experimental or charter services), or to certain routes (such as the Channel Tunnel Rail Link and the Heathrow Express Railway) which are governed by different arrangements. Separate procedures apply to rail services provided by Transport for London – see “London closures” below.
Recent closure proposals
The two most recent closure proposals are the Thameslink 2000 closures and the North London Line closures. Details on these are below:
Thameslink 2000 Closures section
North London Line Closures section
Major closures
The permanent withdrawal of regular passenger train services from a line and/or station is a major closure (unless it is a London closure).
This procedure only applies where all services are to be withdrawn. The removal of a through service between two points is not a closure if the route continues to be served by other trains. Nor is a reduction in service frequency: if a line or station still has a scheduled service, even in only one direction, at a low frequency (e.g. weekly), and for only part of the year, it is not closed. Services may be “temporarily” withdrawn for an indefinite period without the closure procedure being invoked. And multiple tracks may be reduced, provided at least one remains.The body proposing the closure must first carry out an appraisal in accordance with guidance published by the Department for Transport. This appraisal must take due account of a range of factors described in the guidance, including the implications for passengers, the economy, the environment, safety, accessibility and integration.
If it is satisfied that the case for closure passes the tests set in this guidance, it must submit the proposal to the Department for Transport which may either accept or reject it. In practice, most such proposals originate from the Department itself, but they are still subject to the tests set in this guidance.
If the Department does not reject the proposal, the body making it (which is usually the Department) must publish details in at least two national and one local newspaper(s), at least six months before it is due to come into effect. It must also provide details (including the appraisal) to certain specified bodies, including any local authorities and rail operators affected, Passenger Focus and, where relevant to their respective areas of responsibility, the Mayor of London and London TravelWatch.
There is then a 12-week period for consultation. Throughout this period, notice of the proposal must be advertised at every station affected by it. Any organisation or individual may make representations about the proposal to the body making it, which must consider them.
There is no obligation on any affected body to convene public hearings, but equally there is nothing to prevent it from doing so if it believes this would be appropriate. In the case of a contentious proposal which is likely to have some adverse effect on a significant number of passengers in its area, it is probable that London TravelWatch will do so.
At the end of the consultation period, the body making the proposal must consider the representations it has received, and decide whether or not to continue with it. If it decides to do so, it must submit it to the Office of Rail Regulation (ORR) (with or without modifications), together with details of the appraisal, the representations received, and any modifications made.
The duty of the ORR is to satisfy itself that the legal procedures relating to closures have been fully complied with, including the guidance on factors to be considered in the appraisal. If it is satisfied, it issues and publishes a “closure ratification notice”, which allows the proposal to go ahead. It sends this to the various rail industry bodies concerned, and to anyone else it thinks appropriate. It may qualify such a notice by attaching requirements which are binding on the body to which they apply (and may subsequently vary or revoke these). If it is not satisfied, it issues a “closure non-ratification notice” and gives its reasons for doing so. The ORR does not take any view on the merits of the case for closure – it is simply required to ensure that the procedures have been correctly applied.
Where a closure is approved, the Department for Transport has power (but no duty) to secure a substitute service operated by buses or taxis. The route and stopping places of such a service must broadly correspond with those of the rail service which has been withdrawn.
Minor closures
Certain types of closure are classified as “minor modifications”. These include, for example, parts of a station (such as a platform, ticket office or toilet) or part of a line where this does not affect the continued operation of passenger services.
Some are covered by a “general determination”, e.g. structures or facilities which are simply being relocated within a station, or which have been subjected to persistent criminal damage. Others, which fall outside this category, must be the subject of an application to the Secretary of State (i.e. the Department for Transport) for a “specific determination” that they can be treated as minor closures.
Minor closure proposals are not publicly advertised, but the body making them is expected to consult and take account of the views of other affected organisations including other rail operators, Passenger Focus and/or, where relevant, London TravelWatch. A four-week consultation period is allowed.
The Department’s role is limited to determining whether a particular closure proposal is minor, and therefore falls within the provisions of sections 34 and 35 of the Railways Act 2005. If it is, no formal approval is needed. The minor closure procedure is described more fully in an operational guidance note published by the Department.
London closures
Different arrangements apply to proposals for permanently closing rail services which are provided by Transport for London (TfL) (or any of its subsidiaries), or which operate entirely within Greater London and have been specially designated for this purpose by the Secretary of State.
Broadly speaking, the London closure procedure applies to the Underground, Docklands Light Railway and London Overground. Other National Rail services running wholly within Greater London may be brought within it, but none had been so designated as at 1.1.09. Special arrangements apply to Tramlink.
In the case of these services, the requirement to carry out an economic appraisal does not apply (although, in practice, this is likely always to be done). The operator of the service, which may consist of a line and/or station(s), must notify London TravelWatch and publish particulars of the proposal (and of any alternative services available to those affected) in at least two national and one local newspaper(s) at least six weeks before the closure is due to come into effect. It must also provide details to the operator(s) of any station(s) affected, and they must arrange for these to be displayed at the stations concerned.
Any user of the service affected, or anyone representing such users, may make an objection within the period specified in the notice. Such objections must be sent to London TravelWatch, which in turn must inform the operator and the Mayor of London of them. Receipt of an objection effectively freezes the proposal until the further steps in the procedure have been completed.
As soon as possible after the end of the period for making objections, London TravelWatch must consider them and submit a report to the Mayor of London (and copy this to the operator). Although it is not obliged to do so, London TravelWatch publishes this report and provides a copy on request to any person or body which has submitted an objection. The report must cover (but is not necessarily restricted to) any hardship which might result from the closure, and can include proposals for alleviating this. If London TravelWatch decides to invite objectors and the operator to give oral evidence, it must hold the hearing in public. Having received the report, the Mayor may seek further reports from London TravelWatch.
Consent to closure can only be given by the Mayor. S/he cannot give consent until s/he has considered the report(s) received from London TravelWatch and, if any part of the service concerned operates outside Greater London, s/he has sought and considered the views of any non-London local authority whose area includes a station or line proposed for closure. If the Mayor consents to the closure proposal, s/he may attach such conditions as s/he thinks appropriate (and may subsequently modify or revoke these). The Mayor’s decision must be advertised at all affected stations.
There is no minor closure procedure for rail services or facilities provided by Transport for London or its subsidiaries, and formal no requirement for it to consult affected bodies, though by courtesy it does so in the case of significant changes (such as redevelopment of stations).
Most recent closure proposals
Please see our Closures section for relevant papers on closure proposals.