Transport Act 2000 (c. 38)

SCHEDULES

SCHEDULE 16 Transfer to SRA of Franchising Director’s functions

Greater London Authority Act 1999 (c. 29)

58 The Greater London Authority Act 1999 has effect subject to the following amendments.

59 (1) Section 175 (co-operation between Transport for London and Franchising Director) is amended as follows.

(2) In subsection (1) (in both places), in subsection (2) and in the sidenote, for “Franchising Director” substitute “Strategic Rail Authority”.

(3) In subsection (3)—

(a) for “Franchising Director” substitute “Strategic Rail Authority”,

(b) for “his” substitute “its”, and

(c) for “him” substitute “it”.

(4) Omit subsection (4).

60 In section 177 (provision of extra passenger transport services and facilities), for “Franchising Director” (in both places) substitute “Strategic Rail Authority”.

61 For section 196 (power of Greater London Authority to give instructions or guidance to Franchising Director) and the heading before it substitute—

“The Authority and the Strategic Rail Authority

196 Power of Authority to give directions and guidance to Strategic Rail Authority

(1) The Authority may give directions and guidance to the Strategic Rail Authority in relation to the provision of railway services in Greater London.

(2) It is immaterial for the purpose of giving directions and guidance under subsection (1) above whether implementation of the directions and guidance affects railway services outside Greater London.

(3) The Strategic Rail Authority shall exercise its functions in the manner best calculated to implement any directions and guidance given to it by the Authority (but subject to subsections (4) and (5) below).

(4) The Strategic Rail Authority shall not implement any directions or guidance given to it by the Authority if or to the extent that to do so would prevent or seriously hinder the Strategic Rail Authority—

(a) from complying with any directions given to it by the Secretary of State under section 207(5) of the Transport Act 2000 or from having regard to any guidance so given; or

(b) from exercising any of its functions in a manner which is consistent with its financial framework.

(5) The Strategic Rail Authority need not implement any directions or guidance given to it by the Authority if or to the extent that to do so would—

(a) have an adverse effect on the provision of services for the carriage of passengers or goods by railway outside Greater London; or

(b) increase the amount of any expenditure of the Strategic Rail Authority under agreements or other arrangements entered into (in accordance with a franchise agreement) with the franchise operator, the franchisee or any servant, agent or independent contractor of the franchise operator or franchisee.

(6) If the Strategic Rail Authority decides not to implement any directions or guidance given to it by the Authority, whether generally or in a particular case, it shall give the Authority notification of the decision and its reasons for it.

(7) The directions and guidance which may be given under this section are—

(a) directions and guidance as to the manner in which the Strategic Rail Authority is to exercise its functions in order to comply with section 207(1) to (3) of the Transport Act 2000, and

(b) directions to the Strategic Rail Authority not to exercise any of its functions in a particular manner (or not to do so without consulting, or obtaining the consent of, the Authority),

in relation to the provision of services for the carriage of passengers by railway or the operation of additional railway assets under or by virtue of any franchise agreement or any provision of sections 30 and 37 to 49 of the [1993 c. 43.] Railways Act 1993.

(8) The functions of the Authority under this section shall be exercisable by the Mayor acting on behalf of the Authority.

(9) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.”

62 In section 197 (Franchising Director to consult Mayor of London as to fares, services etc.), for “Franchising Director” (in each place, including the sidenote) substitute “Strategic Rail Authority”.

63 In section 199(1) (licence exemptions and facility exemptions), for “Franchising Director” substitute “Strategic Rail Authority”.

64 In section 201(3)(c) (agreements requiring passenger licence not to be made by Transport for London: excepted agreements), for “Franchising Director” substitute “Strategic Rail Authority”.

65 In section 203 (closures: copy documents to Mayor of London), for “Franchising Director” (in both places, including the sidenote) substitute “Strategic Rail Authority”.

66 (1) Section 235 (disclosure of information) is amended as follows.

(2) In subsection (2)(b), for “Franchising Director” substitute “Strategic Rail Authority”.

(3) Omit subsection (6).

67 (1) Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.

(2) In subsection (2) (in both places), and in subsection (7), for “Franchising Director” substitute “Strategic Rail Authority”.

(3) In subsection (8), omit the definition of “the Franchising Director”.