Select Committee on Public Accounts Minutes of Evidence


MERSEYRAIL ELECTRICS LIMITED

NOTICE PURSUANT TO SECTION 55(6) OF THE RAILWAYS ACT 1993

Franchise Agreement dated 19 December 1996 between the Franchising Director, Merseyside Passenger Transport Executive, MTL Trust Holdings Limited and Merseyrail Electrics Limited ("the Franchise Agreement")

  Pursuant to Section 55(6) of the Railways Act the Director of Passenger Rail Franchising ("the Franchising Director") is recording a contravention of paragraph 11.1 of Schedule 6 of the Franchise Agreement by Merseyrail Electrics Limited ("the Franchise Operator") as set out in the schedule annexed hereto.

  The Franchising Director is satisfied that the Franchise Operator has agreed to take and is taking all steps as appear to him to be appropriate for the purpose of securing or facilitating compliance with the requirement in paragraph 11.1 of Schedule 6 of the Franchise Agreement.

for and on behalf of the Franchising Director

12 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.

    The Franchise Operator failed to co-operate with a Ticketless Travel Survey carried out in respect of TIRE Quarter 1 of the first Franchise Year.

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.


 
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