Part 2Public sector funding authorities for railways
Assisting and securing the provision of services
6Financial assistance etc. from the Secretary of State
I11
The Secretary of State may provide, or agree to provide, financial assistance to any person—
a
for the purpose of securing the provision, improvement or development of railway services or railway assets; or
b
for any other purpose relating to a railway or to railway services.
I12
For the purposes of this section the provision of financial assistance includes each of the following—
a
the making of grants or loans;
b
the giving of guarantees; and
c
investments in bodies corporate.
I13
Agreements or other arrangements entered into by the Secretary of State under this section may be entered into on whatever terms, and subject to whatever conditions, he considers appropriate.
I3I44
In exercising his powers under this section—
a
for any purpose mentioned in section 9(1) in relation to which powers are exercisable by the Scottish Ministers under section 8, or
b
for any purpose mentioned in section 11(1) in relation to which powers are exercisable by F1the Welsh Ministers under section 10,
the Secretary of State must have regard to the desirability of acting consistently with anything notified to him under section 9 or 11.
I25
A power of the Secretary of State under this section or otherwise to enter into agreements or other arrangements (other than franchise agreements) for a purpose set out in subsection (1) may be exercised by his entering into an agreement or other arrangement with a relevant person in respect of services provided under a franchise agreement only where the agreement or arrangement is entered into in accordance with that franchise agreement.
I26
For the purposes of subsection (5) a person is a relevant person in relation to a franchise agreement if he is—
a
the franchise operator;
b
the franchisee; or
c
an employee, agent or independent contractor of the franchise operator or of the franchisee.
I27
In this section “railway” has its wider meaning.
I28
Paragraph (a) of subsection (1) of section 17 of the Ministry of Transport Act 1919 (c. 50) (grants or loans for the construction, improvement or maintenance of railways, light railways or tramways) shall cease to have effect.