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Railways Act 1993

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25 [F1England and Wales:] Public sector operators not to be franchisees.E+W+S

(1)The following bodies and persons (in this Part referred to as “public sector operators”) shall not be franchisees—

(a)any Minister of the Crown, Government department or other emanation of the Crown;

(b)any local authority;

[F2(bb)the Greater London Authority;

F3(bc)Transport for London;]

(c)any [F4metropolitan county passenger transport authority][F4Integrated Transport Authority for an integrated transport area in England];

[F5(ca)any combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]

(d)any body corporate whose members are appointed by a Minister of the Crown, a Government department, a local authority[F6, the Greater London Authority, Transport for London] or [F7a metropolitan county passenger transport authority ][F8, an Integrated Transport Authority for an integrated transport area in England or a combined authority] or by a body corporate whose members are so appointed;

(e)a company—

(i)a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;

(ii)in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;

(iii)a majority of whose board of directors can be appointed or removed by any of those bodies or persons; or

(iv)in which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;

(f)a subsidiary of a company falling within paragraph (e) above.

[F9(2)Expressions used in sub-paragraphs (i) to (iv) of subsection (1)(e) that are defined for the purposes of the Companies Acts (see section 1174 of, and Schedule 8 to, the Companies Act 2006) have the same meaning in those sub-paragraphs.]

[F10(2A)Subsection (1) does not prevent a public sector operator from being a franchisee in relation to a Scottish franchise agreement.]

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Amendments (Textual)

F1Words in s. 25 heading inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 57(2), 72(7) (with s. 57(4))

F2S. 25(1)(bb) inserted (3.7.2000) by 1999 c. 29, s. 202(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 3, Sch Pt. 3

F3S. 25(1)(bc) inserted (3.7.2000) by 1999 c. 29, s. 202(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 3, Sch Pt. 3

F6Words in s. 25(1)(d) inserted (3.7.2000) by 1999 c. 29, s. 202(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 3, Sch Pt. 3

F7Words in s. 25(1)(d) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 58(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F10S. 25(2A) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 57(3), 72(7) (with s. 57(4))

F11S. 25(3)-(9) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Modifications etc. (not altering text)

C1S. 25 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 25

Commencement Information

I1S. 25 wholly in force at 1.4.1994; s. 25 not in force at Royal Assent see s. 154(2); s. 25(1)(2) in force at 6.1.1994 for specified purposes by S.I. 1993/3237, art. 2(2); s. 25 in force at 1.4.1994 insofar as not alreday in force by S.I. 1994/571, art. 5

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