(1)Before—
(a)issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include services in which a Passenger Transport Executive for an area in England have an interest, or
(b)entering into a franchise agreement in respect of such services in a case in which no such invitation has been issued,
the Secretary of State must consult the Executive for that area.
(2)For the purposes of subsection (1) the services in which a Passenger Transport Executive have an interest are—
(a)services for the carriage of passengers by railway within the [F1integrated transport area] of that Executive; and
(b)services which are not such services but are services for the carriage of passengers by railway to or from such an area.
(3)A Passenger Transport Executive for [F2an integrated transport area] in England and the Secretary of State may enter into arrangements under which one or both of the following occurs—
(a)sums become due from the Executive to the Secretary of State in respect of services for the carriage of passengers by railway within that area or in respect of station services or bus substitution services provided within that area; and
(b)the Secretary of State undertakes to exercise or perform his powers and duties in relation to or in connection with such services in a particular way.
(4)A Passenger Transport Executive for [F3an integrated transport area] in England may enter into agreements for purposes relating to or connected with the provision, by a person who is a franchisee or franchise operator in relation to a franchise agreement, of—
(a)services for the carriage of passengers by railway within that area; and
(b)station services provided for purposes connected with any such services.
(5)A Passenger Transport Executive for [F4an integrated transport area] in England may not enter into an agreement (whether by virtue of subsection (4) or otherwise)—
(a)with a person who is a franchisee or franchise operator in relation to a franchise agreement, or
(b)with a person who is proposing to become such a franchisee or franchise operator,
unless the agreement is approved by the Secretary of State.
(6)The Secretary of State may—
(a)give a general approval for the purposes of subsection (5) in relation to a description of agreements, as well as specific approvals for particular agreements; and
(b)withdraw his approval in relation to any agreement at any time before the agreement is entered into.
(7)The agreements to which a Passenger Transport Executive for [F5an integrated transport area] in England may become a party with the approval of the Secretary of State include franchise agreements under which services are provided which are or include services for the carriage of passengers by railway within that area.
(8)The Secretary of State and the Passenger Transport Executive for [F6an integrated transport area] in England must each provide to the other any information which—
(a)the other reasonably requires for purposes connected with his or their functions in relation to railways or railway services; and
(b)is information which it would have been lawful for him or (as the case may be) them to disclose apart from this subsection.
(9)In this section—
(a)a reference to a service for the carriage of passengers by railway within [F7an integrated transport area] is a reference to a service for the carriage of passengers by railway between places in that area or between places in that area and places outside it which are within the permitted distance;
(b)a reference to station services provided within such an area is a reference to station services provided in connection with any such service for the carriage of passengers by railway; and
(c)a reference to a bus substitution service provided within such an area is a reference to a bus substitution service for the carriage of passengers between places in that area or between places in that area and places outside it which are within the permitted distance;
and in this subsection “the permitted distance” [F8, in relation to an integrated transport area, means the distance of 25 miles from the nearest point on the boundary of that area.]
Textual Amendments
F1Words in s. 13(2) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 66(2)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F2Words in s. 13(3) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 66(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F3Words in s. 13(4) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 66(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F4Words in s. 13(5) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 66(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F5Words in s. 13(7) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 66(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F6Words in s. 13(8) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 66(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F7Words in s. 13(9) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 66(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F8Words in s. 13(9) substituted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 7; S.I. 2015/994, art. 11(o)
Modifications etc. (not altering text)
C1S. 13 modified (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 8(1)
C2S. 13: functions made exercisable concurrently (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 8(2)
Commencement Information
I1S. 13 in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.
(1)The following provisions shall cease to have effect—
(a)in section 10(1) of the Transport Act 1968, paragraphs (vi) and (viza) (powers to enter into agreements with the SRA);
(b)section 20(2)(b) and (3) of that Act (duty of PTE to enter into agreements to secure the provision of railway passenger services and to provide information for that purpose); and
(c)sections 34 and 35 of the 1993 Act (role of PTAs and PTEs in relation to franchising and the termination and variation of agreements under section 20(2) of the 1968 Act).
(2)Subject to subsection (3), a Passenger Transport Executive who are a party to a franchise agreement immediately before the commencement of subsection (1) may continue to be a party to that agreement after that time, notwithstanding anything in subsection (1) of this section or in section 13.
(3)Where a Passenger Transport Executive are a party to a franchise agreement immediately before the commencement of subsection (1) of this section—
(a)subsection (2) of this section and section 13(4) and (7) are to be disregarded for the purpose of giving effect to any provision of the agreement by virtue of which a person may cause the Executive to cease to be a party to it; and
(b)the Executive must comply with all such directions as may be given to them by the Secretary of State to take steps for the purpose of ceasing to be a party to the agreement.
(4)The provisions of this section and the repeals made by this Act do not affect the application of the following provisions in relation to a franchise agreement into which a Passenger Transport Executive entered before the commencement of subsection (1) of this section, that is to say—
(a)subsection (17) of section 34 of the 1993 Act (disputes); and
(b)any other enactment so far as it has effect for the purposes of or in relation to that subsection of that section.
(5)In the operation of any enactment by virtue of subsection (4) of this section references in that enactment to the Strategic Rail Authority are to have effect as references to the Secretary of State.
Commencement Information
I2S. 14 in force at 24.7.2005 for E.W. by S.I. 2005/1909, art. 2, Sch.