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2.—(1) In this Order—
“the Act” means the Railways Act 1993;
“applicable turnover” means the turnover of the relevant operator derived from its railway business activities in Great Britain during a business year after deduction of trade discounts, value added tax and other taxes directly related to turnover, and where a business year does not equal 12 months, the applicable turnover shall be the amount which bears the same proportion to the applicable turnover during that business year as 12 months does to the period of that year;
“business year” means a period of more than six months in respect of which a relevant operator publishes accounts or, if no such accounts have been published for the period, prepares accounts; and
“railway business activities” means so much of any business carried on by a relevant operator as consists in either or both of the following:
the provision of railway services; and
the ownership or operation of a railway asset;
together with any business carried on incidental to that business.
(2) In this Order, turnover derived from railway business activities includes (without limitation) amounts derived from:
(a)aid granted to the relevant operator by a public sector operator, if the aid facilitates or promotes the relevant operator’s railway business activities;
(b)fares paid in respect of railway passenger services;
(c)fees paid in respect of services for the carriage of goods by railway;
(d)catering services provided at stations or on trains;
(e)car parking facilities at stations;
(f)the sale of land forming part of a station; and
(g)leases and licences granted in respect of land forming part of a station.
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