31Removal, &c., of problematic service infrastructure

31 Removal, &c., of problematic service infrastructure

(1)  This section applies if it reasonably appears to a Rail Infrastructure Manager that any service infrastructure installed on the rail network or, if applicable, its part of the rail network pursuant to a permission under section 29  –

(a) has fallen into disuse or been abandoned; or

(b) has fallen into disrepair or suffered major damage; or

(c) is being operated, either constantly or repeatedly, in an improper or dangerous manner; or

(d) has become obsolete; or

(e) poses an unacceptable risk to the safety or operability of the rail network; or

(f) poses an unacceptable risk to the safety of any persons.

(2)  If the responsible entity is unknown and cannot be identified or found after reasonably diligent enquiry has been made, the Rail Infrastructure Manager may, without notice to any specific person and with or without giving any public notice –

(a) revoke the permission; and

(b) remove the service infrastructure; and

(c) render the service infrastructure safe and inoperative, dispose of it or take such other action as the Rail Infrastructure Manager thinks fit in the circumstances; and

(d) retain, if applicable, any proceeds of disposal.

(3)  If the responsible entity's identity is known, the Rail Infrastructure Manager is to give that entity a notice –

(a) explaining, in terms of subsection (1) , the nature of the Rail Infrastructure Manager's concern with the service infrastructure; and

(b) asking the responsible entity to show cause, within such period as is specified in the notice, why the relevant permission should not be revoked.

(4)  If the responsible entity fails to respond to the notice under subsection (3) , satisfactorily or at all, the Rail Infrastructure Manager may give the responsible entity a further notice –