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F120 Special duty of certain Executives with respect to railway passenger services. E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2)[F3Without prejudice to their [F4duty under section 9A(3)] of this Act,] it shall be the special duty of the Executive for a [F5passenger transport] area. . . F6

(a)to. . . F7 keep under review, the railway passenger services provided [F8by passenger service operators (within the meaning of Part I of the Railways Act 1993)] for meeting the needs of persons travelling between places in that area or between such places and places outside that area but within the permitted distance for the purposes of section 10(1)(ii) of this Act as it applies to that Executive; [F9and

(b)without prejudice to the general powers of the Executive under section 10 of this Act [F10, to enter into such agreements with the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority as the Passenger Transport Authority for that area may approve for securing the provision of such railway passenger services as the Passenger Transport Authority][F11consider it appropriate to secure to meet any public transport requirements within that area].]

(3)[F12[F13The Strategic Rail Authority] shall furnish the Executive with any information which the Executive may reasonably require for the purposes of the discharge of their functions under subsection (2) of this section.]

(4)[F14Without prejudice to the general power of the Executive under section 10(1)(vi) of this Act, any agreement under this section may include provision for the making of payments by the Executive to [F15the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority in respect of the railway passenger services provided] in pursuance of the agreement.]

(5)[F14Before entering into any agreement under this section, the Executive shall send a copy of the proposed agreement to the Minister; but a failure to comply with this subsection shall not affect the validity of the agreement.]

(6)[F14If any dispute arises between the Executive and [F16the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority] in connection with the provisions of subsection (2) or (3) of this section, either of them may require the dispute to be referred to the Minister for determination, and any agreement under the said subsection (2) may include provision for any dispute in connection with the agreement to be so referred; and where any dispute is referred to the Minister under or by virtue of this subsection, then, subject to subsection (7) of this section, the Minister may give such directions to the Executive and [F17the Strategic Rail Authority or the subsidiary] with respect to the dispute as he thinks fit.]

(7)[F14Before giving any directions under subsection (6) of this section to the Executive for a [F5passenger transport] area in Scotland or Wales the Minister shall consult with the Secretary of State.]

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

F1S. 20 excluded (24.12.1993) by 1993 c. 43, ss. 144(1), 150(1)(j); S. I. 1993/3237, art. 2(1)

F3Words in s. 20(2) repealed (24.7.2005 for E.W.) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F8Words in s. 20(2) inserted (1.4.1994) by 1993 c. 43, s. 36(3); S.I. 1994/571, art. 5 (with art. 7)

F9S. 20(2)(b) and preceding word repealed (24.7.2005 for E.W.) by Railways Act 2005 (c. 14), ss. 14(1)(b), 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F10Words in s. 20(2)(b) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(2); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F13Words in s. 20(3) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(3); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F15Words in s. 20(4) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(4); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 PT. II)

F16Words in s. 20(6) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(5)(a); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F17Words in s. 20(6) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(5)(b); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

Modifications etc. (not altering text)

C1S. 20 extended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 57(3)

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