FRANCHISE AGREEMENT DATED 20 AUGUST 1996,
BETWEEN THE DIRECTOR OF PASSENGER RAIL FRANCHISING AND CONNEX
RAIL LIMITED ("the Franchise Agreement")
Copy of a letter to the Franchisee and Franchise
Operator, Connex South Eastern 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.
In considering the steps which are appropriate
to secure or facilitate compliance by the Franchise Operator,
the Franchising Director has had regard, amongs other things,
to the Franchise Operator's agreement to a variation of the Franchise
Agreement which amends the relevant condition.
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 Team Manager
Office of Passenger Rail Franchising
17 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 contravention of paragraph 10 of the Franchise
Plan, the Franchise Operator failed during the period from 1 January
1998 to 14 January 1998 to maintain discounted off-peak tickets
as required by that paragraph.
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