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| Further powers. |
229. - (1) For the purposes of the proper discharge of the functions conferred or imposed on him by or under this Act, the PPP arbiter may-
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(a) carry out inspections of such of the railway infrastructure or equipment belonging to, or under the control of, any party to a PPP agreement as he considers appropriate; |
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(b) consult such bodies or persons as he considers appropriate in relation to any direction or guidance given or proposed to be given by him; |
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(c) do all such things as he considers appropriate for or in connection with the giving of a direction under section 226(3) above or guidance under section 227(2) above; and |
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(d) do such other things as he considers necessary or expedient. |
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(2) The powers conferred on the PPP arbiter by this section and section 230 below are exercisable for purposes preparatory or ancillary to the giving of directions or guidance under this Chapter generally and notwithstanding that there is no matter in relation to which a direction under section 226(3) above, or guidance under section 227(2) above, is required.
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(3) In this section "railway infrastructure" has the same meaning as in section 228 above.
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| Provision of information to the PPP arbiter. |
230. - (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 PPP related third party. |
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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. |
| Failure to provide information to PPP arbiter. |
231. - (1) If a person fails to comply with a request under section 230(1) above, the PPP arbiter may serve a notice on that person requiring him-
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(a) to produce to the PPP arbiter, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or |
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(b) to provide to the PPP arbiter, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice. |
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(2) No person shall be required under this section-
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(a) to produce any documents which he could not be compelled to produce in civil proceedings in the court; or |
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(b) in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings. |
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(3) A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under subsection (1) above is guilty of an offence and liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum; or |
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(b) on conviction on indictment, to a fine. |
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(4) If a person makes default in complying with a notice under subsection (1) above, the court may, on the application of the PPP arbiter, make such order as the court thinks fit for requiring the default to be made good.
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(5) Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
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(6) In this section-
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(a) any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and |
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(b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form. |
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(7) In this section "the court" means the High Court.
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| Restrictions on disclosure of information. |
232. - (1) Subject to the following provisions of this section, no information with respect to any particular business which-
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(a) has been obtained by the PPP arbiter under or by virtue of any of the provisions of this Chapter, and |
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(b) relates to the affairs of any individual or to any particular business, |
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shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
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(2) Subsection (1) above does not apply to any disclosure of information which is made-
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(a) for the purpose of facilitating the carrying out by the Secretary of State, the Mayor of London, Transport for London or the PPP arbiter of any of his or, as the case may be, its functions under this Act; |
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(b) for the purpose of facilitating the carrying out by the Secretary of State, the Rail Regulator, the Franchising Director, the Competition Commission or the Mayor of any of his or, as the case may be, its functions under the Railways Act 1993; |
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(c) for the purpose of facilitating the carrying out by- |
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(i) any Minister of the Crown,
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(ii) the Director General of Fair Trading,
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(iii) the Competition Commission,
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(iv) the Director General of Telecommunications,
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(v) the Director General of Gas Supply,
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(vi) the Director General of Water Supply,
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(vii) the Director General of Electricity Supply,
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(viii) the Civil Aviation Authority,
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(ix) the Insolvency Practitioners Tribunal, or
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(x) a local weights and measures authority in Great Britain,
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of any of his or, as the case may be, its functions under any of the enactments or instruments specified in subsection (3) below; |
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(d) for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed under the enactments relating to companies to carry out his functions; |
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(e) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such; |
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(f) for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act; |
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(g) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment; |
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(h) for the purpose of facilitating the carrying out by the International Rail Regulator of any of his functions under any subordinate legislation made for the purpose of implementing- |
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(i) the Directive of the Council of the European Communities dated 29th July 1991 on the development of the Community's railways; or
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(ii) Council Directive 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees;
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(j) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings; |
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(k) for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or |
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(l) in pursuance of a Community obligation. |
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(3) The enactments and instruments referred to in subsection (2) above are-
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(a) the Trade Descriptions Act 1968; |
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(b) the Fair Trading Act 1973; |
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(c) the Consumer Credit Act 1974; |
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(d) the Restrictive Trade Practices Act 1976; |
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(e) the Resale Prices Act 1976; |
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(f) the Estate Agents Act 1979; |
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(g) the Competition Act 1980; |
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(h) the Telecommunications Act 1984; |
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(j) the Airports Act 1986; |
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(l) the Insolvency Act 1986; |
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(m) the Consumer Protection Act 1987; |
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(n) the Electricity Act 1989; |
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(o) the Property Misdescriptions Act 1991; |
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(p) the Water Industry Act 1991; |
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(q) the Water Resources Act 1991; |
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(r) the Railways Act 1993; |
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(s) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising. |
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(4) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.
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(5) The prohibition imposed by subsection (1) above shall be enforceable by civil proceedings-
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(a) by the individual mentioned in that subsection, or |
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(b) by the person for the time being carrying on the business there mentioned, |
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for an injunction or for any other appropriate relief or remedy.
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(6) In this section "the Franchising Director" means the Director General of Passenger Rail Franchising.
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| Immunity. |
233. - (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. |
234. - (1) The following expenses, namely-
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(a) any sums payable by virtue of section 223(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 226(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. |
235. 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. |
236. - (1) In this Chapter, unless the context otherwise requires-
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"key system assets" has the meaning given by section 210(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 207 above; |
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"PPP arbiter" shall be construed in accordance with section 222(1) above; |
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"PPP company" shall be construed in accordance with section 207(5) above; |
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"PPP designation" shall be construed in accordance with section 209(1) above; |
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"PPP lease" has the meaning given by section 215 above; |
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"PPP related third party" shall be construed in accordance with section 212(2)(b) above; |
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"PPP related third party agreement" means any arrangements falling within section 212(2)(b) 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 208 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" has the meaning given by section 207(2) above (that is to say, 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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