(5) Where the Chief Executive in Council is of the opinion that sufficient cause has not been shown as to why an order under this subsection should not be made, he may, by order—
- (a) if it appears to him that the default is one which was capable of being remedied and that—
- (i) a notice should have been served under section 17 and was not served, or that the terms of any notice served were unreasonable; and
- (ii) the default is still capable of being remedied,
- direct the Secretary to serve a notice, or a further notice, under section 17, in terms determined by the Chief Executive in Council; or
- (b) in any other case of default, if it appears to him just and reasonable to do so, but subject to subsection (8), revoke the franchise.
(6) In exercising his powers under subsection (5), the Chief Executive in Council shall take into consideration the extent to which the default was or is occasioned by circumstances beyond the control of the Corporation.
(7) An order made—
- (a) under subsection (5)(a) shall be sent to the Secretary and a copy of the order shall be attached to the Secretary’s notice under section 17;
- (b) under subsection (5)(b) shall be served on the Corporation and shall be published in the Gazette, as soon as practicable after that service.
(8) Where the proceedings described in this section relate to a matter which is the subject of an appeal under section 53(1), the Chief Executive in Council shall not make an order under subsection (5)(b) until the appeal has been determined or abandoned.
(9) The Government is not liable to pay any compensation in respect of the revocation of the franchise under this section, except for any compensation payable under section 20.
19. Use of railway property by Government
(1) Where the franchise is revoked under section 18 or has expired and has not been extended under section 5, the Government, its nominee or a third party designated by the Government may take possession of any property which at the time of such revocation or expiry is property used or kept by the Corporation for the purposes of or in connection with the franchise and may use that property in the operation of the railway as it thinks fit.
(2) Property taken possession of under subsection (1) may be retained—
