I2C2C3 Part I The Provision of Railway Services

Annotations:
Commencement Information
I2

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

Modifications etc. (not altering text)
C2

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C3

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Franchising of passenger services

I123 Passenger services to be subject to franchise agreements.

C11

It shall be the duty of the F1appropriate designating authority from time to time to designate F2such services for the carriage of passengers by railway (other than services which are, by virtue of section 24 below, exempt from designation under this subsection) as it considers ought to be provided under franchise agreements..

2

The F1appropriate designating authority may perform F3its duty under subsection (1) above by designating particular services or services of a class or description.

F42ZA

Where the Scottish Ministers designate Scotland-only services, they may also designate cross-border services which—

a

they consider should be provided under the same franchise agreement as particular Scotland-only services or a particular class of them; and

b

are not exempt from designation under subsection (1) by virtue of section 24.

2ZB

Nothing in this section requires the Secretary of State to designate a cross-border service already designated by the Scottish Ministers.

2ZC

Before the Secretary of State or the Scottish Ministers designate a cross-border service he or they must consult the other.

F52A

A designation may be varied or revoked; but a variation or revocation of the designation of particular services, or services of a class or description, shall not affect any franchise agreement previously entered into with respect to those services or services of that class or description.

2B

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In this Part—

  • F7“the appropriate designating authority”—

    1. a

      in relation to Scotland-only services, means the Scottish Ministers; and

    2. b

      in relation to all other services, means the Secretary of State;

  • “the appropriate franchising authority”—

    1. a

      in relation to a Scottish franchise agreement, means the Scottish Ministers; and

    2. b

      in relation to any other franchise agreement, means the Secretary of State;

  • “franchise agreement” means an agreement F8with the Secretary of State, with the Scottish Ministers or with the Secretary of State and the National Assembly for Wales jointly,under which another party undertakes either—

    1. a

      to provide, or

    2. b

      to secure that a wholly owned subsidiary of his provides,

    throughout the franchise term those services for the carriage of passengers by railway to which the agreement relates;

  • “franchise operator”, in relation to any franchise agreement, means the person (whether the franchisee or, as the case may be, the wholly owned subsidiary of the franchisee) who is to provide the franchised services;

  • “franchise period”, in relation to any franchise agreement, means the franchise term, except where the franchise agreement is terminated before the end of that term, in which case it means so much of that term as ends with that termination;

  • “franchise term”, in relation to any franchise agreement, means the period specified in the franchise agreement as the period throughout which the franchisee is to provide, or secure that a wholly owned subsidiary of his provides, the franchised services, and includes any such extension of that period as is mentioned in section 29(3) below;

  • “franchised services”, in relation to any franchise agreement, means the services for the carriage of passengers by railway which are to be provided under that franchise agreement;

  • “franchisee” means—

    1. a

      in relation to a franchise agreement under which a party undertakes to secure that a wholly owned subsidiary of his provides the franchised services, the party so undertaking; or

    2. b

      in relation to any other franchise agreement, the person who is to provide the franchised services.

4

Any reference in this Part to the provision of services under a franchise agreement is a reference to the provision of those services by the franchise operator; and where the franchise operator is, or is to be, a wholly owned subsidiary of the franchisee, any reference to the provision of services by the franchisee under a franchise agreement shall accordingly be construed as a reference to his securing their provision by the franchise operator.