Transport Act 2000

208 Directions, guidance and advice by Scottish Ministers

(1) The Scottish Ministers may give the Authority—

(a) directions and guidance in relation to services for the carriage of passengers by rail which start and end in Scotland and are provided under a franchise agreement,

(b) directions and guidance in relation to services for the carriage of passengers by rail which either start or end in Scotland, include sleeping facilities and are provided under a franchise agreement by a person who also provides services within paragraph (a), and

(c) advice in relation to services for the carriage of passengers by rail which either start or end in Scotland and are provided under a franchise agreement (other than services within paragraph (b)).

(2) The Authority shall not comply with any direction or have regard to any guidance given under subsection (1) to the extent that to do so would be inconsistent with any direction or guidance given under section 206(3) or 207(5) or with the Authority’s financial framework.

(3) The Authority need not comply with any direction or have regard to any guidance given under paragraph (b) of subsection (1) to the extent that to do so—

(a) would require the expenditure by the Authority of any money not provided to it out of the Scottish Consolidated Fund, or

(b) would adversely affect any railway services other than those mentioned in that subsection.