FRANCHISE AGREEMENT DATED 19 FEBRUARY
1997 BETWEEN THE DIRECTOR OF A PASSENGER RAIL FRANCHISING AND
VIRGIN RAIL GROUP LIMITED ("the Franchise Agreement")
Copy of a letter to Virgin Rail Group Ltd
Pursuant to Section 55(6) of the Railways Act
1993 (the "Act") I am recording a contravention of the
terms of the Franchise Agreement by the Franchise Operator as
set out in the Schedule annexed hereto.
The Director of Passenger Rail Franchising (the
"Franchising Director") considers that the Franchise
Operator has taken and has agreed to take in the future such steps
as are appropriate for it to take for the purpose of securing
or facilitating compliance with the relevant condition(s).
In considering the steps which are appropriate
to secure or facilitate compliance by the Franchise Operator,
the Franchising Director has had regard in particular to the action
taken by the Franchise Operator to revise its arrangements to
provide the specified seating capacity on certain of the rolling
stock diagrams relevant to the affected Passenger Services; and
to the Franchise Operator's agreement to a variation of the Franchise
Agreement which amends the relevant condition(s), as documented
in the Franchise Operator's letter of 22 July 1997 attached hereto.
Please also note that a copy of this letter
will be placed on the Franchising Director's register as required
by Section 73(2)(e) of the Act. The Franchising Director also
considers that no further publication of the contravention is
necessary.
for and on behalf of
the Franchising Director
25 July 1997
SCHEDULE
1.1 Words and expressions defined in the letter
to which this is a Schedule shall, unless expressly stated otherwise,
bear the same meaning herein.
1.2 Words and expressions defined in the Franchise
Agreement shall, unless expressly stated otherwise, bear the same
meaning herein.
1.3 Nature of the contravention of the Franchise
Agreement
In Reporting Period 13 1996/97 and in Reporting
periods 1, 2, 3 and 4 1997/98 the Franchise Operator exceeded
the Call-in Threshold of Planned Capacity and the Breach Threshold
of Planned Capacity as set out in Part 2 of Schedule 3 of the
Franchise Agreement.
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