8 Licences

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(1)     Subject to the following provisions of this section—

(a)     the Secretary of State after consultation with [the Office of Rail and Road] [. . .], or

(b)     [the Office of Rail and Road] with the consent[, or in accordance with a general authority, of the Secretary of State . . .,]

may grant to any person a licence authorising the person to be the operator of such railway assets, or of railway assets of such a class or description, as may be specified in the licence.

(2)     Any general authority given to [the Office of Rail and Road] under subsection (1)(b) above[—

(a)     . . .

(b)     may include a requirement for [the Office of Rail and Road] either to consult the Secretary of State, or a requirement to obtain his approval before granting a licence;

but a failure to comply with such a requirement

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