199Licence exemptions and facility exemptions
(1)The Secretary of State may, after consultation with the Rail Regulator and the Franchising Director, by order grant at any time—
(a)a licence exemption under subsection (1) of section 7 of the [1993 c. 43.] Railways Act 1993, notwithstanding anything in subsection (10) of that section, or
(b)a facility exemption under section 20 of that Act, notwithstanding anything in subsection (9) of that section,
subject to and in accordance with the following provisions of this section.
(2)An exemption by virtue of paragraph (a) or (b) of subsection (1) above may only be granted in respect of railway assets or railway facilities comprised in, or used on or in connection with, a network on which some or all of the regular scheduled passenger services are operated by London Regional Transport or Transport for London or a subsidiary of London Regional Transport or Transport for London.
(3)The power conferred by subsection (1) above is exercisable only if the Secretary of State has received an application for the grant of the exemption from the appropriate London transport authority.
(4)In this section—
“the appropriate London transport authority” means—
(a)as respects any time before the transfer date, London Regional Transport; and
(b)as respects any time on or after that date, Transport for London;
“the transfer date” means the date on which London Underground Limited becomes a subsidiary of Transport for London;
and, subject to that, expressions used in this section and in Part I of the [1993 c. 43.] Railways Act 1993 have the same meaning in this section as in that Part.