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Other Bills before Parliament

Railways Bill


Railways Bill
Part 2 — Public sector funding authorities for railways

7

 

7       

Notification of assistance from Secretary of State for freight services

(1)   

This section applies if the Secretary of State makes or modifies a scheme setting

out how he proposes to exercise his powers under section 6 for the purpose of

securing the provision, improvement or development of—

(a)   

services for the carriage of goods by railway; or

5

(b)   

facilities for or in connection with—

(i)   

the carriage of goods by railway; or

(ii)   

the loading or unloading of goods carried or intended to be

carried by railway.

(2)   

This section also applies if the Secretary of State makes or modifies a

10

determination of the criteria that he will apply in exercising his functions

under such a scheme.

(3)   

The Secretary of State must send a copy of the scheme or determination, or (as

the case may be) of the scheme or determination as modified—

(a)   

to the Scottish Ministers; and

15

(b)   

to the National Assembly for Wales.

(4)   

In this section—

“facilities” includes track, rolling stock, depots, access roads and

equipment; and

“railway” has its wider meaning.

20

8       

Franchising and financial assistance in relation to Scotland

(1)   

For the purposes of being a party to a franchise agreement the Scottish

Ministers shall have power to provide, or to agree to provide, financial

assistance to the franchisee—

(a)   

for the purpose of securing the provision, improvement or

25

development of the Scottish services to which the agreement relates; or

(b)   

for any other purpose relating to the provision of those services.

(2)   

The Scottish Ministers shall also have power, where they do so wholly or

primarily for Scottish purposes, to provide, or to agree to provide, financial

assistance to persons otherwise than under franchise agreements—

30

(a)   

for the purpose of securing the provision, improvement or

development of railway services or railway assets; or

(b)   

for any other purpose relating to a railway or to railway services.

(3)   

In subsection (2) “Scottish purposes” means any of the following—

(a)   

any purposes connected with a Scottish service or proposed Scottish

35

service;

(b)   

the provision, improvement or development of services for the carriage

of goods by railway where the services are to be or are provided wholly

or partly in Scotland;

(c)   

the provision, improvement or development of facilities for use for or

40

in connection with—

(i)   

the carriage of goods by railway using services that are to be or

are provided wholly or partly in Scotland; or

(ii)   

the loading or unloading of goods so carried or intended to be

so carried.

45

 
 

Railways Bill
Part 2 — Public sector funding authorities for railways

8

 

(4)   

For the purposes of this section the provision of financial assistance includes

each of the following—

(a)   

the making of grants or loans;

(b)   

the giving of guarantees; and

(c)   

investments in bodies corporate.

5

(5)   

Agreements and other arrangements entered into by the Scottish Ministers

under subsection (1) or (2) may be entered into on whatever terms, and subject

to whatever conditions, they consider appropriate.

(6)   

In exercising their powers under this section for any purpose mentioned in

subsection (1) of section 7, the Scottish Ministers must have regard to the

10

desirability of acting consistently with anything notified to them under that

section.

(7)   

The power of the Scottish Ministers under subsection (2) may be exercised by

their entering into an agreement or other arrangement with a relevant person

in respect of services provided under a franchise agreement only where the

15

agreement or other arrangement is entered into in accordance with that

franchise agreement.

(8)   

For the purposes of subsection (7) a person is a relevant person in relation to a

franchise agreement if he is—

(a)   

the franchise operator;

20

(b)   

the franchisee; or

(c)   

an employee, agent or independent contractor of the franchise operator

or of the franchisee.

(9)   

In this section—

“facilities” includes track, rolling stock, depots, access roads and

25

equipment;

“railway” has its wider meaning;

“Scottish service” means any service which is a Scotland-only service or a

cross-border service.

9       

Notification of assistance from Scottish Ministers for freight services

30

(1)   

This section applies if the Scottish Ministers make or modify a scheme setting

out how they propose to exercise their powers under section 8 for the purpose

of securing the provision, improvement or development of—

(a)   

services for the carriage of goods by railway; or

(b)   

facilities for or in connection with—

35

(i)   

the carriage of goods by railway; or

(ii)   

the loading or unloading of goods carried or intended to be

carried by railway.

(2)   

This section also applies if the Scottish Ministers make or modify a

determination of the criteria that they will apply in exercising their functions

40

under such a scheme.

(3)   

The Scottish Ministers must send a copy of the scheme or determination, or (as

the case may be) of the scheme or determination as modified, to the Secretary

of State.

(4)   

In this section—

45

 
 

Railways Bill
Part 2 — Public sector funding authorities for railways

9

 

“facilities” includes track, rolling stock, depots, access roads and

equipment; and

“railway” has its wider meaning.

10      

Franchising and financial assistance in relation to Wales

(1)   

Before—

5

(a)   

issuing an invitation to tender for a franchise agreement in a case in

which the services to be provided under the agreement are or include

Welsh services, or

(b)   

entering into a franchise agreement in respect of services that are or

include Welsh services in a case in which no such invitation has been

10

issued,

   

the Secretary of State must consult the National Assembly for Wales.

(2)   

The Secretary of State may not enter into a franchise agreement relating to

services that are or include Wales-only services unless the National Assembly

for Wales joins with him as a party to the agreement.

15

(3)   

For the purposes of being a party to a franchise agreement (whether or not in

a case falling within subsection (2)) the National Assembly for Wales shall have

power to provide, or to agree to provide, financial assistance to the

franchisee—

(a)   

for the purpose of securing the provision, improvement or

20

development of any Welsh services to which the agreement relates; or

(b)   

for any other purpose relating to the provision of those services.

(4)   

The National Assembly for Wales shall also have power, where it does so

wholly or primarily for Welsh purposes, to provide, or to agree to provide,

financial assistance to persons otherwise than under franchise agreements—

25

(a)   

for the purpose of securing the provision, improvement or

development of railway services or railway assets; or

(b)   

for any other purpose relating to a railway or to railway services.

(5)   

In subsection (4) “Welsh purposes” means any of the following—

(a)   

any purposes connected with a Welsh service or proposed Welsh

30

service;

(b)   

the provision, improvement or development of services for the carriage

of goods by railway where the services are to be or are provided wholly

or partly in Wales;

(c)   

the provision, improvement or development of facilities for use for or

35

in connection with—

(i)   

the carriage of goods by railway using services that are to be or

are provided wholly or partly in Wales; or

(ii)   

the loading or unloading of goods so carried or intended to be

so carried.

40

(6)   

The National Assembly for Wales may make payments to the Secretary of State

or the Scottish Ministers in respect of the performance of his or their duty

under section 30 of the 1993 Act (provision of services by operator of last resort)

in relation to a Welsh service.

(7)   

For the purposes of this section the provision of financial assistance includes

45

each of the following—

(a)   

the making of grants or loans;

 
 

Railways Bill
Part 2 — Public sector funding authorities for railways

10

 

(b)   

the giving of guarantees; and

(c)   

investments in bodies corporate.

(8)   

Agreements and other arrangements entered into by the National Assembly

for Wales under subsection (3) or (4) may be entered into on whatever terms,

and subject to whatever conditions, the Assembly considers appropriate.

5

(9)   

In exercising its powers under this section for any purpose mentioned in

subsection (1) of section 7, the National Assembly for Wales must have regard

to the desirability of acting consistently with anything notified to it under that

section.

(10)   

The power of the National Assembly for Wales under subsection (4) may be

10

exercised by its entering into an agreement or other arrangement with a

relevant person in respect of services provided under a franchise agreement

only where the agreement or other arrangement is entered into in accordance

with that franchise agreement.

(11)   

For the purposes of subsection (10) a person is a relevant person in relation to

15

a franchise agreement if he is—

(a)   

the franchise operator;

(b)   

the franchisee; or

(c)   

an employee, agent or independent contractor of the franchise operator

or of the franchisee.

20

(12)   

In this section—

“facilities” includes track, rolling stock, depots, access roads and

equipment;

“railway” has its wider meaning.

11      

Notification of assistance from Welsh Assembly for freight services

25

(1)   

This section applies if the National Assembly for Wales makes or modifies a

scheme setting out how it proposes to exercise its powers under section 10 for

the purpose of securing the provision, improvement or development of—

(a)   

services for the carriage of goods by railway; or

(b)   

facilities for or in connection with—

30

(i)   

the carriage of goods by railway; or

(ii)   

the loading or unloading of goods carried or intended to be

carried by railway.

(2)   

This section also applies if the National Assembly for Wales makes or modifies

a determination of the criteria that it will apply in exercising its functions under

35

such a scheme.

(3)   

The National Assembly for Wales must send a copy of the scheme or

determination, or (as the case may be) of the scheme or determination as

modified, to the Secretary of State.

(4)   

In this section—

40

“facilities” includes track, rolling stock, depots, access roads and

equipment; and

“railway” has its wider meaning.

 
 

 
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Revised 25 November 2004