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| Provision of information to the PPP arbiter. |
206. - (1) Any person falling within subsection (2) below shall, at the request of the PPP arbiter, provide him with such information as the PPP arbiter considers relevant to the proper discharge of the functions conferred or imposed on him by or under this Act and as may be specified or described in the request.
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(2) The persons who fall within this subsection are-
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(a) any party to a PPP agreement; |
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(b) any associate of a party to a PPP agreement; and |
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(c) any person who has entered into arrangements falling within section 190(2)(b) above. |
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(3) The information shall be provided in such form and manner, and within such time, as may be specified in the request.
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(4) A person is not obliged by virtue of this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.
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(5) For the purposes of subsection (2)(b) above, "associate", in relation to a party to a PPP agreement, means-
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(a) a parent undertaking of that party; |
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(b) a subsidiary undertaking of any parent undertaking of that party; |
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(c) a subsidiary undertaking of that party; or |
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(d) an undertaking in which that party, or any undertaking falling within paragraphs (a) to (c) above, has a participating interest. |
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(6) For the purposes of subsection (5) above-
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"parent undertaking" and "subsidiary undertaking" shall be construed in accordance with section 258 of the Companies Act 1985; |
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"undertaking" has the meaning given by section 259 of that Act; and |
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"participating interest" has the meaning given by section 260 of that Act. |
| Immunity. |
207. - (1) The PPP arbiter is not liable for anything done or omitted in the discharge or purported discharge of his functions as the PPP arbiter unless the act or omission is shown to have been in bad faith.
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(2) Subsection (1) above applies to a member of the staff of, or an agent of, the PPP arbiter as it applies to the PPP arbiter.
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| Expenses. |
208. - (1) The following expenses, namely-
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(a) any sums payable by virtue of section 200(2) or (3) above, and |
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(b) any expenses duly incurred by the PPP arbiter or by any staff of the PPP arbiter, |
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shall be defrayed by the Secretary of State.
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(2) A relevant body which is a party to a PPP agreement shall pay to the Secretary of State, at such times as he may direct, such sums as the Secretary of State may determine in respect of expenses defrayed by the Secretary of State under subsection (1) above.
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(3) A PPP agreement may provide that sums paid by a relevant body by virtue of subsection (2) above, or any portion of such sums as may be specified or described in the PPP agreement, may be recovered by the relevant body from a PPP company which is a party to the PPP agreement.
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(4) Where a PPP agreement includes provision by virtue of subsection (3) above making any sum recoverable by a relevant body, the directions which may be given under section 202(3) above include directions varying the amount so recoverable.
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(5) Sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.
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Miscellaneous and supplementary |
| Statutory undertakers. |
209. Where, by virtue of a PPP agreement, statutory functions relating to a railway are exercisable by a PPP company, the PPP company shall, as respects any matter arising from the carrying out of the subject-matter of the PPP agreement, be taken to be authorised by an enactment to carry on a railway undertaking.
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| Interpretation of this Chapter. |
210. - (1) In this Chapter, unless the context otherwise requires-
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"key system assets" has the meaning given by section 188(1) above; |
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"locomotive" means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle); |
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"PPP agreement" has the meaning given by section 185 above; |
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"PPP arbiter" shall be construed in accordance with section 199(1) above; |
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"PPP company" shall be construed in accordance with section 185(5) above; |
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"PPP designation" shall be construed in accordance with section 187(1) above; |
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"PPP lease" has the meaning given by section 192 above; |
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"premises" includes any land, building or structure; |
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"public sector operator" has the meaning given by section 186 above; |
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"railway" has the meaning given in section 67(1) of the Transport and Works Act 1992; |
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"railway vehicle" includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along a railway; |
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"the relevant authority" means- |
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(a) as respects any time before the transfer date, London Regional Transport; and
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(b) as respects any time on or after that date, Transport for London;
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"relevant body" means London Regional Transport, Transport for London or a subsidiary of London Regional Transport or Transport for London; |
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"rolling stock" means any carriage, wagon or other vehicle used on a railway and includes a locomotive; |
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"station" means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes; |
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"the transfer date" means the date on which London Underground Limited becomes a subsidiary of Transport for London; |
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"vehicle" includes a railway vehicle. |
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(2) Any reference in this Chapter to a railway includes a reference to any stretch of track comprised in a railway.
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