I1C1C2Part I The Provision of Railway Services

Annotations:
Commencement Information
I1

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)
C1

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

C2

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)

Registers and reports of the Regulator and the F1Authority

Annotations:
Amendments (Textual)
F1

Word in cross-heading substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 43; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

73 Keeping of register by the F2Authority.

1

The F3Authority shall, at such premises and in such form as F4it may determine, maintain a register for the purposes of this Part.

2

Subject to subsection (3) and to any direction given under subsection (4) below, the F5Authority shall cause to be entered in the register the provisions of—

a

every franchise exemption;

b

every franchise agreement;

F6c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.;

F8da

every closure consent and closure condition, every determination under section 37(1), 38(2), 39(1), 40(2), 41(1) or 42(2) above that a closure is a minor closure, every condition imposed under section 37(1), 39(1) or 41(1) above, every general determination under section 46A above and every revocation of a general determination under that section;

e

every final or provisional order F9made by the Authority in relation to a licence or a franchise agreement F10or to any closure or proposed closure or to any closure consent or closure condition, every revocation of such an order and every notice given by the F5Authority under section 55(6) above that F11it is satisfied that F11it does not need to make such an order;

F12f

every penalty imposed by the Authority under section 57A above;

g

every statement of policy published by the Authority under that section;

F13h

every licence with conditions relating to consumer protection, every licence exemption with such conditions and every approval given by the Authority to such conditions of a licence or licence exemption;

i

every assignment of a licence to which the Authority has consented;

j

every requirement to modify conditions of a licence imposed by the Authority on the Regulator;

k

every requirement to revoke a licence exemption imposed by the Authority on the Regulator;

l

every requirement imposed, or consent or approval given, by the Authority under a licence;

m

every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;

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.

3

In entering any provision in the register, the F14Authority shall have regard to the need for excluding, so far as that is practicable, the matters specified in paragraphs (a) and (b) of section 71(2) above, for this purpose taking references in those paragraphs to the Regulator as references to the F14Authority.

4

If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest or the commercial interests of any person, he may direct the F14Authority not to enter that provision in the register.

5

The contents of the register shall be available for inspection by the public during such hours and subject to the payment of such fee as may be specified in an order made by the Secretary of State.

6

Any person may, on the payment of such fee as may be specified in an order so made, require the F14Authority 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 F14Authority to be a true copy or extract.

7

The contents of the register shall be available for inspection at any time by the Regulator, without payment of any fee; and the Regulator may require the F14Authority, 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 F14Authority to be a true copy or extract.

F68

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