NOTICE UNDER SECTION 55(6) OF THE RAILWAYS
ACT 1993 IN RESPECT OF THE FRANCHISE AGREEMENT DATED 7 FEBRUARY
1997 AND MADE BETWEEN THE DIRECTOR OF PASSENGER RAIL FRANCHISING,
GREATER MANCHESTER PTE, SOUTH YORKSHIRE PTE, TYNE AND WEAR PTE,
WEST YORKSHIRE PTE AND MTL RAIL LTD (the "Franchise Agreement")
Copy of a letter to the Managing Director, Regional
Railways North East 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 such steps as are appropriate for it to take
for the purpose of securing or facilitating compliance with the
relevant condition(s).
Please note that a copy of this letter shall
be placed on the Franchising Director's Register as required by
section 73(2)(e) of the Act. In addition this letter has been
copied to the other parties to the Franchise Agreement. The Franchising
Director considers that no further publication of the contravention
is necessary.
Franchise Administrator
Office of Passenger Rail Franchising
9 September 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 June 1997 the Franchise Operator breached
Clause 9.1 of the Franchise Agreement by failing to comply with
its obligations in paragraph 3 of Schedule 5A Part 2 of the Franchise
Agreement in respect of the Fare Year 1997.
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