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Railways Act 1993

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Commencement Orders bringing legislation that affects this Act into force:

73 Keeping of register by the [F1Secretary of State].E+W+S

(1)The [F1Secretary of State] shall, at such premises and in such form as [F2he] may determine, maintain a register F3. . . .

(2)Subject to [F4subsections (3) and (4)] below, the [F1Secretary of State] shall cause to be entered in the register [F5(except so far as they are required to be entered in the register maintained under section 73A below)] the provisions of—

(a)every franchise exemption;

(b)every franchise agreement;

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)every amendment (however described) of a franchise agreement [F7other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement.];

[F8(da)every determination made by him under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

(db)every revocation of a determination made by him under that section in relation to a description of closures;

(dc)every condition agreed to under subsection (5) of that section in connection with a determination made by him;]

(e)every final or provisional order [F9made by the [F1Secretary of State] in relation to F10. . . ] a franchise agreement [F11or to any closure or proposed closure or to any closure requirement] , every revocation of such an order and every notice given by the [F1Secretary of State] under section 55(6) above that [F12he] is satisfied that [F12he] does not need to make such an order;

[F13(f)every penalty imposed by the [F1Secretary of State] under section 57A above;

(g)every statement of policy published by the [F1Secretary of State] under that section;

[F14(ga)every designation under section 23 and every variation or revocation of such a designation;]]

(h)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and, without prejudice to the generality of paragraph (d) above, “amendment" in that paragraph includes any variation of the property, rights and liabilities which from time to time constitute the franchise assets in relation to the franchise agreement in question, whether the variation is effected in accordance with the terms of, or by an amendment made to, the franchise agreement.

[F16(3)The Secretary of State may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as he considers it appropriate to exclude for the purpose of maintaining the confidentiality of—

(a)matters relating to the affairs of an individual the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that individual; and

(b)matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that body.]

(4)If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest [F17he may decide] not to enter that provision in the register.

(5)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The contents of the register shall be available for inspection at any time by [F19the Scottish Ministers or][F20the Office of Rail Regulation] , without payment of any fee; and [F21the Scottish Ministers and the Office of Rail Regulation may each] require the [F1Secretary of State] , without payment of any fee, to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by the [F1Secretary of State] to be a true copy or extract.

F6(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F6S. 73(2)(c)(8) 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)

F7Words in s. 73(2)(d) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 37(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F8S. 73(da)-(dc) substituted (1.12.2006) for s. 73(da) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 11(1)(a)(2); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F9Words in s. 73(2)(e) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 16(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F11Words in s. 73(2)(e) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 11(1)(b)(2); S.I. 2006/2911 {art. 2}, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F12Word in s.73(2)(e) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(3)(c); S.I. 2005/1909 {art. 2}, Sch.

F13S. 73(2)(f)(g) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 37(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F18S. 73(5)(6) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 30(6), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2); S.I. 2005/1909, art. 2, Sch.

F20Words in s. 73 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F21Words in s.73(7) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(7)(b); S.I. 2005/1909 {art. 2}, Sch.

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