Highland Regional Council v British Railways Board
| Jurisdiction | Scotland |
| Judgment Date | 07 June 1995 |
| Date | 07 June 1995 |
| Court | Court of Session (Outer House) |
Inner House of the Court of Session
Outer House of the Court of Session
Before the Lord President (Lord Hope), Lord Allanbridge and Lord Osborne
Before Lord Kirkwood
Scots law - railways closure - statutory procedure breached
Scots law - railways closure - statutory procedure breached
Where a statutory procedure had to be followed before all passenger services on any given railway line could be withdrawn, the provision in place of the discontinued service of a late-night service which was unlikely to be of any benefit to the travelling public, which might well not carry any passengers at all, and which was introduced simply for the purpose of seeking to prevent the closure procedure coming into operation, could not properly be described as a "railway passenger service".
The provision of such a service was simply a device to obviate the closure procedure, which the law would not countenance.
The First Division of the Inner House of the Court of Session so held, refusing a reclaiming motion by the British Railways Board against an interlocutor of the Lord Ordinary, in a petition for judicial review brought by Highland Regional Council, pronouncing decree of declarator that a proposal by the board to withdraw the sleeper service from Ford William to London Euston constituted a proposal to discontinue all the railway passenger services on certain sections of permanent way in terms of section 37(1) of the Railways Act 1993, decree of reduction of the board's decision to discontinue the service with effect from May 28, 1995, and decree of interdict against the withdrawal of the service by the board until such time as the statutory procedures under section 37 had been instituted and a final decision made.
Section 37 of the 1993 Act provides:
"(1) In any case where (a) all the railway passenger services on any line or from any station are provided otherwise than in satisfaction of requirements imposed by a franchise agreement and otherwise than on behalf of the franchising director, and (b) the person providing those services … proposes to discontinue all such services on that line or from that station … then … the service operator shall give notice of the proposal to the franchising director not less than three months before the date specified … as that on which the service operator will cease providing the services … and shall not discontinue those services before...
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