The Merseyrail Electrics Network Order 2003

Modification of the general duties of Rail Passengers’ Committees

4.—(1) The duties imposed by section 77 of the 1993 Act shall, in relation to railway passenger services which operate exclusively on the Merseyrail Electrics network and station services relating to the provision or operation of a network station, apply with the following modifications.

(2) Section 77 shall be read as if:

(a) for the references to a “franchise agreement” there were substituted references to the concession agreement under which such services are for the time being provided;

(b) for the references to “the franchised services” there were substituted references to the services provided under the relevant concession agreement;

(c) for the references to “the franchisee” or “the franchise operator” there were substituted references to the concession operator under the relevant concession agreement; and

(d) in subsections (2), (3), (4), (4A) and (5)(b), for the references to “the Authority” there were substituted “the Merseyside Passenger Transport Executive”.

(3) In section 77(3)(b), references to services provided on behalf of the Merseyside PTE shall not include services provided under a concession agreement.

(4) Where a Rail Passengers’ Committee considers it appropriate to do so, a matter may be referred under section 77(4) to the Strategic Rail Authority in addition to the Merseyside PTE.

(5) In section 77(6), (7) and (8), a reference to “the Authority” may be construed as if it were a reference to either “the Merseyside Passenger Transport Executive” or “the Authority”, as appropriate.

(6) Section 77(10) shall be disregarded.