Crossrail Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Crossrail Bill

Crossrail Bill
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(2)
Subsection (1) applies to an access contract if—
(a)
the contract is to be entered into after the day on which this Act is
passed, and
(b)
in the opinion of the Office of Rail Regulation, use of the railway facility
to which the contract relates will or may be affected by the construction
5
of Crossrail.
(3)
Where the Office of Rail Regulation considers—
(a)
that subsection (1) requires it to secure that an access contract contains
provision for the payment of compensation that is provision that the
contract would not otherwise contain, and
10
(b)
that the burden of that compensation will or may be borne, directly or
indirectly, by a person who is the nominated undertaker for any
purpose of any provision of this Act,

it must, before securing the inclusion of that provision, invite the Secretary of
State to make representations and consider any representations made to it in
15
response to the invitation.
(4)
In this section—
“access contract” has the meaning given by section 17(6) of the Railways
Act 1993 (c. 43);
“railway facility” has the meaning given by section 83(1) of that Act.
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30
Crossrail access contracts: disapplying requirements for approval
(1)
The Secretary of State may by order provide for section 18 of the Railways Act
1993 (access contracts that require approval of Office of Rail Regulation) not to
apply to an access contract—
(a)
specified in the order, or
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(b)
of a description specified in the order.
(2)
The Secretary of State may by order provide for section 22(1) of that Act
(amendment of access agreements) not to apply in relation to an access
agreement if the agreement is—
(a)
an access contract specified in the order, or
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(b)
an access contract of a description specified in the order.
(3)
The power under subsection (1) or (2) may be exercised so as to disapply a
provision of that Act in relation to an access contract only if the permission
concerned is permission to use a railway facility that is or is part of, or is
associated with, the railway mentioned in section 1(1)(a).
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(4)
Before the Secretary of State exercises the power under subsection (1) or (2), he
must consult the Office of Rail Regulation as to the terms of any contract to
which the proposed exercise of the power would relate.
(5)
The power to make an order under subsection (1) or (2) shall be exercisable by
statutory instrument.
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(6)
A statutory instrument containing an order under subsection (1) or (2) shall be
laid before Parliament after being made.
(7)
In this section—
“access contract” has the meaning given by section 17(6) of the Railways
Act 1993;
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“railway facility” has the meaning given by section 83(1) of that Act.
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Crossrail-related access contracts: modified requirements for approval
(1)
Subsection (2) applies to an access contract where—
(a)
the permission concerned is, or includes, permission for use of a
railway facility that—
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(i)
is part of Crossrail but is not, and is not part of, the railway
mentioned in section 1(1)(a), or
(ii)
is associated with Crossrail but not by reason only of its being
associated with the railway mentioned in section 1(1)(a), and
(b)
the railway facility is to be used in connection with the provision of
10
Crossrail passenger services.
(2)
Subsection (3) applies where—
(a)
a facility owner and another person have agreed the terms on which
they propose to enter into an access contract to which this subsection
applies, and
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(b)
section 18(5) of the Railways Act 1993 (c. 43) requires the proposed
contract to be submitted to the Office of Rail Regulation for approval of
its terms.
(3)
As soon as the proposed contract has been submitted to the Office of Rail
Regulation under section 18(5) of that Act, the Office shall notify the Secretary
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of State of the terms of the proposed contract.
(4)
Subsections (5) and (6) apply where the Secretary of State has been notified
under subsection (3) in respect of a contract.
(5)
The Secretary of State may give directions to the Office of Rail Regulation
requiring the Office, in acting under section 18 of the Railways Act 1993, to give
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its approval to terms of the proposed contract—
(a)
that relate to the duration of the permission concerned,
(b)
that are terms, other than terms relating to charges or other financial
matters, that in the directions are identified as terms that must be
included in the contract on the ground that the Secretary of State
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considers them to be needed to facilitate the provision of Crossrail
passenger services, or
(c)
so far as those terms relate to the railway mentioned in section 1(1)(a).
(6)
A direction under subsection (5) that is given in respect of a term may (but need
not) be given in respect of the term only so far as it is to have effect for
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particular purposes.
(7)
Until the Secretary of State has either given directions under subsection (5) or
notified the Office of Rail Regulation that he will not be giving directions under
that subsection in respect of the contract, the Office of Rail Regulation, in acting
under section 18 of the Railways Act 1993, may neither reject the contract nor
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approve it subject to modifications (but may approve it without modification).
(8)
In this section—
“access contract” and “facility owner” have the meanings given by section
17(6) of the Railways Act 1993;
“Crossrail passenger service” has the meaning given by section 23(9);
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“railway facility” has the meaning given by section 83(1) of the Railways
Act 1993 (c. 43).
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Power of Secretary of State to require entry into access contract
(1)
The Secretary of State may give directions to a facility owner requiring him to
enter into an access contract with the Secretary of State, or with any other
5
person, for the purpose of enabling permission to be obtained from the facility
owner for the use of the facility owner’s railway facility for or in connection
with the operation of Crossrail passenger services.
(2)
Subsections (6) to (9) of section 17 of the Railways Act 1993 apply for the
interpretation of subsection (1) above as they apply for the interpretation of
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that section, save that any reference in those subsections to the applicant shall
be taken to be a reference to the person with whom the facility owner is
required by directions under subsection (1) above to enter into a contract.
(3)
Subsection (4) applies if entry into a contract is required by directions under
subsection (1) above and (after taking account of any order under section 30(1))
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the contract proposed to be entered into in pursuance of the directions is
required by section 18(5) of the Railways Act 1993 to be submitted to the Office
of Rail Regulation.
(4)
In acting under section 18 of that Act, the Office of Rail Regulation must give
its approval to the terms of the proposed contract so far as they give effect to
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provisions in the directions under subsection (1) above that are—
(a)
provisions relating to the duration of the permission concerned,
(b)
provisions as to terms, other than terms relating to charges or other
financial matters, that in those directions are identified as terms that
must, or must so far as they are to have effect for particular purposes,
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be included in the contract on the ground that the Secretary of State
considers that such inclusion is needed to facilitate the provision of
Crossrail passenger services, or
(c)
provisions requiring terms identified in those directions to be included
in the contract so far as those terms relate to the railway mentioned in
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section 1(1)(a).
(5)
For the purposes of determining whether and how section 18 of that Act
applies in relation to a contract which a facility owner is required to enter into
by directions under subsection (1) above, that section shall have effect—
(a)
as though any reference in section 17 of that Act to the applicant were
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a reference to the person with whom the facility owner is required to
enter into the contract, and
(b)
as though article 3 (exemption from sections 17 and 18 of that Act) were
omitted from the Railways (Heathrow Express) (Exemptions) Order
1994 (S.I. 1994/574).
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(6)
In this section “Crossrail passenger service” has the meaning given by section
23(9).
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Amending existing access contracts: effects of contracts under section 32
(1)
Subsection (2) applies if entry into a contract is required by directions under
section 32(1) and (after taking account of any order under section 30(1)) the
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contract proposed to be entered into in pursuance of the directions is required

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by section 18(5) of the Railways Act 1993 to be submitted to the Office of Rail
Regulation.
(2)
The Office of Rail Regulation may give directions requiring the parties to an
access contract to which this subsection applies to make such amendments to
the contract as are, in its opinion, necessary to facilitate the operation, on and
5
after the date specified under section 24(3), of the Crossrail passenger services
concerned so far as they are principal Crossrail passenger services.
(3)
Subsection (2) applies to an access contract where the permission concerned is
permission to use a railway facility that—
(a)
is, or is part of, a railway but is not, and is not part of, the railway
10
mentioned in section 1(1)(a), or
(b)
is associated with a railway but not by reason only of its being
associated with the railway mentioned in section 1(1)(a).
(4)
The Office of Rail Regulation may not under subsection (2) give directions
requiring the parties to an access contract to make amendments relating—
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(a)
to amounts payable under the contract by one of them to the other, or
(b)
to the times at which, and manner in which, any such amounts are
payable.
(5)
Where the Office of Rail Regulation gives directions under subsection (2)
requiring amendments to be made to an access contract, it shall consider
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whether to carry out an access charges review in relation to that contract.
(6)
The Secretary of State may by regulations make provision in relation to the
carrying out by the Office of Rail Regulation of its functions under subsection
(2).
(7)
The provision that may be made by regulations under subsection (6) includes
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(in particular) provision corresponding to any provision of paragraphs 3 to 6
of Schedule 4 to the Railways Act 1993 (c. 43).
(8)
The power to make regulations under subsection (6) shall be exercisable by
statutory instrument which shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
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(9)
In this section—
“access charges review” has the meaning given by paragraph 1A(2) of
Schedule 4A to the Railways Act 1993;
“access contract” has the meaning given by section 17(6) of that Act;
“Crossrail passenger service” and “principal Crossrail passenger service”
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have the meanings given by section 23(9);
“railway facility” has the meaning given by section 83(1) of the Railways
Act 1993.
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Effect on franchise agreements of directions under section 28 or 33
(1)
This section applies where—
40
(a)
directions are given under section 28(2) or 33(2), and
(b)
the amendments made in consequence of those directions affect the
carrying out of a franchise agreement that is not one to which the
Scottish Ministers are a party.

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(2)
The parties to the franchise agreement shall use all reasonable endeavours to
agree how to vary the agreement in consequence of those directions.
(3)
In default of the parties to the franchise agreement agreeing how to vary the
agreement in consequence of those directions, the Secretary of State may
terminate the agreement.
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(4)
Subsection (5) applies where—
(a)
the parties to the franchise agreement have agreed how to vary it in
consequence of those directions, or
(b)
the Secretary of State has terminated the franchise agreement under
subsection (3).
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(5)
The Office of Rail Regulation may give directions requiring the person who
applied for the directions mentioned in subsection (1)(a) to pay compensation
to the franchisee.
(6)
The Office of Rail Regulation shall determine the amount of compensation
payable under subsection (5).
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(7)
Any compensation payable under subsection (5) shall be recoverable as a debt
due.
(8)
In this section “franchise agreement” and “franchisee” have the meanings
given by section 23(3) of the Railways Act 1993 (c. 43).
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Award of Crossrail franchises to public-sector operators
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(1)
Section 25 of the Railways Act 1993 (public-sector operators not to be
franchisees) does not apply in relation to the franchisee in respect of a franchise
agreement for one or more Crossrail passenger services.
(2)
In subsection (1)—
“Crossrail passenger service” has the meaning given by section 23(9);
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“franchisee” and “franchise agreement” have the meanings given by
section 23 of the Railways Act 1993 (designated passenger services to be
provided under franchise agreements).
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Disapplication of franchising and access exemptions
(1)
The Secretary of State may by order amend, or revoke provisions of, the LRT
30
Order or the Heathrow Express Order—
(a)
for the purpose of restricting or ending an exemption granted by a
relevant provision,
(b)
for the purpose of adding to the conditions subject to which such an
exemption is granted, or
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(c)
for the purpose of making such a condition more onerous.
(2)
For the purposes of subsection (1), each of the following is a “relevant
provision”—
article 4(b) of the LRT Order,
article 4(d) of the LRT Order,
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article 3(1) of the Heathrow Express Order, and
article 4(1) of the Heathrow Express Order.

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(3)
Where exercise of the power under subsection (1) has effect to end an
exemption granted by article 3(1) of the Heathrow Express Order in relation to
any track, station or depot, the Secretary of State may by order—
(a)
make provision for, or in connection with, treating as void—
(i)
every access contract, including one entered into before the
5
making of the order, where the permission concerned is
permission to use that facility, or
(ii)
a contract such as is mentioned in sub-paragraph (i) if it is
specified in the order or is of a description so specified;
(b)
provide for exceptions to any provision made under paragraph (a).
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(4)
The power under subsection (1), so far as relating to an exemption granted by
the LRT Order, is exercisable only for the purpose of, or for purposes that
include, facilitating services for the carriage of passengers by railway so far as
they are services on the railway mentioned in section 1(1)(a).
(5)
The powers—
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(a)
under subsection (1), so far as relating to an exemption granted by
article 3(1) of the Heathrow Express Order, and
(b)
under subsection (3)(a),

are exercisable only for the purpose of, or for purposes that include, facilitating
Crossrail passenger services.
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(6)
The powers under subsection (1), so far as relating to an exemption granted by
article 4(1) of the Heathrow Express Order, are exercisable only for, or for
purposes that include, either or both of the following—
(a)
facilitating Crossrail passenger services, and
(b)
enabling Crossrail passenger services to be designated under section
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23(1) of the Railways Act 1993 (c. 43) (services which ought to be
provided under franchise agreements).
(7)
The power to make an order under this section shall be exercisable by statutory
instrument which shall be subject to annulment in pursuance of a resolution of
either House of Parliament.
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(8)
In this section—
“the LRT Order” means the Railways (London Regional Transport)
(Exemptions) Order 1994 (S.I. 1994/573), as from time to time
amended;
“the Heathrow Express Order” means the Railways (Heathrow Express)
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(Exemptions) Order 1994 (S.I. 1994/574), as from time to time
amended;
“access contract” has the meaning given by section 17(6) of the Railways
Act 1993;
“Crossrail passenger service” has the meaning given by section 23(9).
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Closures
(1)
If the Secretary of State considers that discontinuance falling within any of the
closure provisions of the Railways Act 2005 is necessary or expedient because
of the operation of Crossrail or the carrying out of any of the works authorised
by this Act, he may direct that those provisions shall be treated as not applying
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to it.

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(2)
The reference in subsection (1) to the closure provisions of the Railways Act
2005 is to—
sections 22 to 25 (discontinuance of railway passenger services),
sections 26 to 28 (discontinuance of operation of passenger networks),
sections 29 to 31 (discontinuance of use or operation of stations), and
5
section 37 (discontinuance of experimental passenger services).
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Key system assets
(1)
Section 216(1)(b) of the Greater London Authority Act 1999 (c. 29) (consent of
Transport for London required for creation etc. of interests in, or rights over,
assets designated as key system assets in connection with certain railway-
10
related public-private partnership agreements) shall not apply in relation to—
(a)
the creation of an interest in, or right over, a key system asset, or
(b)
an agreement to create an interest in, or right over, a key system asset,

if the interest or right is, or is to be, created in order to facilitate any of the
matters mentioned in subsection (2).
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(2)
Those matters are—
(a)
the construction of the railway mentioned in section 1(1)(a);
(b)
the maintenance of that railway;
(c)
the operation of services for the carriage of passengers or goods by
railway on a line the whole of which, or part of which, forms part of that
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railway.
(3)
In this section “key system asset” has the meaning given by section 213(1) of the
Greater London Authority Act 1999.
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Power to designate persons as “protected railway companies”
(1)
The Secretary of State may, with the consent of a company to which this
25
subsection applies, by order make provision for the company to be treated as a
protected railway company for the purposes of Part 1 of the Railways Act 1993
(c. 43).
(2)
Subsection (1) applies to a company if—
(a)
it is a private sector operator and it has, for the time being, the
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management of a railway facility that is or is part of, or is associated
with, the railway mentioned in section 1(1)(a), or
(b)
it is a private sector operator and it owns, or has rights in relation to,
such a railway facility.
(3)
The power to make an order under subsection (1) shall be exercisable by
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statutory instrument which shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
(4)
In this section “private sector operator” and “railway facility” have the same
meanings as in Part 1 of the Railways Act 1993.
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Duty to co-operate
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(1)
Where the nominated undertaker considers that a matter affects—
(a)
the construction, maintenance or operation of Crossrail, and