 | |
| |
CHAPTER V |
| |
RAILWAYS |
| Power of Authority to give guidance to the Franchising Director. |
161. - (1) The Authority may give guidance to the Franchising Director in relation to the provision of railway services in Greater London.
|
| |
(2) It is immaterial for the purpose of giving guidance under subsection (1) above whether implementation of the guidance affects railway services outside Greater London.
|
| |
(3) The Franchising Director shall exercise his functions so as to implement any guidance given to him by the Authority.
|
| |
(4) Subsection (3) above is subject to the subsection (5) below.
|
| |
(5) The Franchising Director shall not give effect to any guidance given by the Authority if or to the extent that, in his opinion,-
|
| |
(a) the guidance conflicts with any instructions, guidance or objectives given to him by the Secretary of State under section 5(1) of the Railways Act 1993; |
| |
(b) implementing the guidance will have an adverse effect on the provision of services for the carriage of passengers by railway outside Greater London; or |
| |
(c) implementing the guidance will increase the amount of any payments to which paragraph (b) of section 5(1) of the Railways Act 1993 applies which he may be required to make. |
| |
(6) If the Franchising Director decides not to implement any guidance given by the Authority, whether generally or in a particular case, he shall give the Authority notification of the decision and his reasons for it.
|
| |
(7) The matters in respect of which guidance may be given under this section are those specified in sub-paragraphs (i) and (ii) of section 5(1) of the Railways Act 1993.
|
| |
(8) Any functions conferred or imposed on the Authority by this section shall be exercisable by the Mayor acting on behalf of the Authority.
|
| |
(9) In this section "the Franchising Director" means the Director of Passenger Rail Franchising.
|
| Exemptions by order under Part I of the Railways Act 1993. |
162. - (1) The Railways (London Regional Transport) (Exemptions) Order 1994 shall have effect with the following amendments.
|
| |
(2) In article 2 (interpretation) the word "and" immediately preceding the definition of "LRT company" shall be omitted, and in that definition, after "means" there shall be inserted "(a)" and at the end there shall be added-
|
| |
 |
"(b) Transport for London or any subsidiary of theirs; or |
| |
(c) a PPP company, so far as carrying out qualifying activities". |
|
| |
(3) In article 2, after the definition of "LRT company" there shall be added-
|
| |
|
""PPP agreement" and "PPP company" have the same meaning as in Chapter VI of Part IV of the Greater London Authority Act 1999 (public-private partnership agreements); |
| |
"qualifying activities", in relation to a PPP company, means light maintenance services, network services or station services carried out by the PPP company in fulfilment of obligations imposed on the company by a PPP agreement." |
|
| |
(4) The amendments made by this section are without prejudice to the exercise of any power conferred by any enactment (including a power conferred by any provision of this Act) to amend the said Order of 1994 by an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978.
|
| Railway access contracts. |
163. - (1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, Transport for London may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding-
|
| |
(a) that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and |
| |
(b) that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which Transport for London is to exercise its functions in relation to the contract. |
| |
(2) The duty imposed on the Mayor by section 135 above accordingly also has effect subject, as respects the power conferred on Transport for London by subsection (1) above, to the powers of the Rail Regulator under section 18 of the Railways Act 1993.
|
| |
(3) After section 41 of the London Regional Transport Act 1984 there shall be inserted-
|
| |
|
"Railway access contracts |
| Access contracts under the Railways Act 1993. |
41A. - (1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, London Regional Transport may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding-
|
| |
(a) that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and |
| |
(b) that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which London Regional Transport is to exercise its functions in relation to the contract. |
| |
(2) The duties imposed on London Regional Transport by sections 2 and 8 of this Act accordingly also have effect subject, as respects the power conferred by subsection (1) above, to the powers of the Rail Regulator under section 18 of the Railways Act 1993."
|
|
| |
(4) In section 4 of the Railways Act 1993 (general duties of the Secretary of State and the Rail Regulator) in subsection (5) (which imposes additional duties on the Rail Regulator) the word "and" immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added "; and
|
| |
|
(d) to have regard to the ability of the Mayor of London, London Regional Transport and Transport for London to carry out the functions conferred or imposed on them by or under any enactment". |
|
| Authority and Transport for London not to be railway franchisees. |
164. - (1) Section 25(1) of the Railways Act 1993 (which prevents public sector operators, as defined in the paragraphs of that subsection, from being franchisees) shall be amended as follows.
|
| |
(2) After paragraph (b) there shall be inserted-
|
| |
|
"(bb) the Greater London Authority; |
| |
(bc) Transport for London;". |
|
| |
(3) In paragraph (d) (bodies corporate whose members are appointed by certain other bodies or persons) after "a local authority" there shall be inserted ", the Greater London Authority, Transport for London".
|
| Closures: Franchising Director to give copy documents to Mayor. |
165. In section 43(1) of the Railways Act 1993 (which requires the Franchising Director to give a copy of any notice of closure etc to the Rail Regulator) after "Regulator" there shall be inserted ", to the Mayor of London if the whole or any part of the area affected by the closure is in Greater London,".
|
| Amendment of franchise agreements to take account of the Authority. |
166. - (1) Any franchise agreement entered into under Part I of the Railways Act 1993 before the day on which this Act is passed shall have effect on and after that day with the following amendment.
|
| |
(2) In paragraph (a) of the definition of "Local Authority" in the agreement, after "in England," there shall be inserted "the Greater London Authority,".
|
