43.—(1) Whenever an application is made under section 37, the Board shall, before deciding whether to grant the order to which the application relates, consider the following:

(a) the application;

(b) the draft order and documents that accompanied the application;

(c) the report of any oral hearing held under section 42 and the recommendations (if any) contained therein;

(d) F65[…]

(e) F65[…]

(f) F65[…]

(g) the likely consequences for proper planning and sustainable development in the area in which it is proposed to carry out the railway works and for the environment of such works; and

(h) the matters referred to in section 143 (inserted by the Planning and Development (Strategic Infrastructure) Act 2006) of the Act of 2000.

F66[(2) After considering the matters referred to in subsection (1), having taken into account its reasoned conclusion under section 42B(c) and being satisfied that that reasoned conclusion remains up-to-date, the Board—

(a) if it is of opinion that the application should be granted, shall make an order authorising the applicant to construct, maintain, improve and, subject to section 11(7) in the case of the Agency, operate the railway or the railway works specified in the order or any part thereof, in such manner and subject to such conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring), modifications, restrictions and requirements (and on such other terms) as the Board thinks proper and specifies in the order, or

(b) if it is of opinion that the application should not be granted, refuse to make the order to which the application relates,

and the Board shall furnish the applicant with a copy of the order or, as the case may be, the decision to refuse to grant the order.]

F67[(2A) A railway order shall include—

(a) the reasoned conclusion referred to in section 42B,

(b) any environmental conditions, including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring, to which the authorisation is subject, and

(c) a description of any features of the proposed railway works, or any measures envisaged, to avoid, prevent or reduce, or offset significant adverse effects on the environment.

(2B) A decision to refuse to grant the order to which the application relates shall include the main reasons for the refusal.]

F66[(3) As soon as may be after making a decision under subsection (2), the Board shall—

(a) publish in at least 2 newspapers circulating in the area to which the application for the order relates and in electronic form on the Board’s website, a notice stating—

(i) that the Board has made or, as the case may be, refused to grant, the proposed railway order,

(ii) the main reasons and considerations on which the decision to grant or refuse to grant the order is based, including—

(I) information about the public participation process,

(II) a summary of the results of the consultations and the information gathered pursuant to section 40 (in particular, where a copy of the environmental impact assessment report was sent in accordance with section 40(1)(e), the results of consultations and the information gathered under section 40(4)), section 41 and, where applicable, section 47D, and,

(III) a description of how the results referred to in clause (II) have been incorporated or otherwise addressed,

(iii) where the railway order was subject to conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring), modifications, restrictions or requirements relating to the environment, particulars of those conditions, modifications, restrictions or requirements,

(iv) that a copy of the railway order, or as the case may be the decision to refuse to grant the order, is available for inspection and purchase at a cost not exceeding the reasonable cost of making such copies during specified hours, at a specified place, for a specified period of time, and in electronic form on the Board’s website, and

(v) that practical information regarding the judicial review procedures by which a person may seek to question the validity of a determination by the Board on a proposed railway order can be found on the Board’s website,

(b) forward to each of the designated bodies a copy of the railway order or, as the case may be, the decision to refuse to grant the order under subsection (2)(b),

and

(c) give notice to the prescribed authority in Northern Ireland of its decision in a case where a copy of the environmental statement has been sent to that authority in accordance with section 40(1)(e).]

(4) A railway order shall come into operation—

(a) in case an application for leave to apply for judicial review of the order has not been made, upon the expiration of 8 weeks, and

(b) in case such an application has been made and has not been withdrawn, in so far as it has not been declared invalid or quashed pursuant to that review, upon the final determination of the proceedings concerned or such other date as may be determined in those proceedings, and

(c) in case such an application has been made and is withdrawn, upon the date of the withdrawal.

(5) A person who has been granted a railway order may, with the consent of the Minister, make arrangements with another person to construct, maintain, improve or operate the railway or the railway works to which the order relates.

(6) The Board may, if there is a failure or refusal to comply with a F66[condition, modification, restriction or requirement] specified in a railway order, revoke the order.

(7) (a) Where the Board proposes to revoke an order under this section, it shall notify the railway undertaking in writing of its proposal and of the reasons for it.

(b) The railway undertaking may, not later than 3 weeks from the date of the sending of the notification, make submissions in writing to the Board and the Board shall—

(i) before deciding the matter, take into consideration any submissions duly made to it under this paragraph in relation to the proposal and not withdrawn, and

(ii) notify the railway undertaking in writing of its decision and of the reasons for it.

(8) A notification of a proposal of the Board under subsection (7) shall include a statement that the railway undertaking may make submissions to the Board not later than 3 weeks from the date of the sending of the notification and a notification of a decision of the Board under subsection (7) shall include a statement that the railway undertaking may appeal to the High Court under subsection (9) against the decision not later than 3 weeks from the date of the sending of the notification.

(9) Notwithstanding section 47(1), the railway undertaking may appeal to the High Court against a decision of the Board under subsection (6) not later than 3 weeks from the date of the sending of the notification of the decision under subsection (7) and that Court may, as it thinks proper, on the hearing of the appeal, confirm the decision of the Board or direct the Board to withdraw its decision and prohibit the making of the proposed order concerned.]