Railways Act 2005

Transfer of functions relating to franchise agreements

13 (1) In section 23 of the 1993 Act (passenger services to be subject to franchise agreements), in subsections (1) and (2), for “Authority”, wherever occurring, substitute “appropriate designating authority”.

(2) After subsection (2) of that section insert—

“(2ZA) Where the Scottish Ministers designate Scotland-only services, they may also designate cross-border services which—

(a) they consider should be provided under the same franchise agreement as particular Scotland-only services or a particular class of them; and

(b) are not exempt from designation under subsection (1) by virtue of section 24.

(2ZB) Nothing in this section requires the Secretary of State to designate a cross-border service already designated by the Scottish Ministers.

(2ZC) Before the Secretary of State or the Scottish Ministers designate a cross-border service he or they must consult the other.”

(3) Subsection (2B) of that section (publication of designations etc.) shall cease to have effect.

(4) In subsection (3) of that section—

(a) before the definition of “franchise agreement” insert—

““the appropriate designating authority”—

(a) in relation to Scotland-only services, means the Scottish Ministers; and

(b) in relation to all other services, means the Secretary of State;

“the appropriate franchising authority”—

(a) in relation to a Scottish franchise agreement, means the Scottish Ministers; and

(b) in relation to any other franchise agreement, means the Secretary of State;”

(b) in the definition of “franchise agreement”, for “with the Authority” substitute “with the Secretary of State, with the Scottish Ministers or with the Secretary of State and the National Assembly for Wales jointly,”.

(5) Every designation made by the Strategic Rail Authority under section 23 of the 1993 Act which is in force immediately before the commencement of sub-paragraph (1) shall have effect after the commencement of that sub-paragraph as a designation in accordance with that section—

(a) in the case of services that at that time were being provided under a franchise agreement the franchised services under which consist of or include Scotland-only services, by the Scottish Ministers; and

(b) in any other case, by the Secretary of State.