SECTION 55(6) NOTICE
FRANCHISE AGREEMENT DATED 4 FEBRUARY 1997 BETWEEN
THE DIRECTOR OF PASSENGER RAIL FRANCHISING AND GREAT WESTERN HOLDINGS
LIMITED ("the Franchise Agreement")
Copy of a letter to Great Western Holdings Ltd, North
Western Trains 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 agreed to take and is taking such steps as appear
for the time being to be 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. The Franchising Director considers
that no further publication of the contravention is necessary.
Franchise Manager
Office of Passenger Rail Franchising
5 February 1998
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 September 1997 the Franchise Operator contravened
Clause 13.4 of the Franchise Agreement by implementing a restructuring
and/or change in the composition of earnings of employees of the
Franchise Operator in such a way as to increase that part of earnings
which qualifies as pensionable earnings, without the prior consent
of the Franchising Director.