Railways Bill

House of Commons

Session 2004 - 05
Internet Publications
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.
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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.