Part I The Provision of Railway Services
Supplementary powers of the Franchising Director etc.
F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54 Exercise of functions for purpose of encouraging investment in the railways.
(1)
The F4Secretary of State or the Scottish Ministers—
(a)
in exercising or deciding whether or not to exercise any of F5his or their franchising functions, may take into account the desirability of encouraging railway investment; and
(b)
may exercise any such functions for the purpose of encouraging railway investment or for purposes which include that purpose.
F6(2)
The Secretary of State and the Scottish Ministers shall each have power to enter into agreements under which an undertaking is given by him or them—
(a)
to exercise his or their franchising functions;
(b)
to refrain from exercising them; or
(c)
to exercise them in a particular manner.
(3)
In this section—
“franchising functions”, in relation to the F7Secretary of State or the Scottish Ministers, means—
(a)
(b)
(c)
any other functions of the F7Secretary of State or the Scottish Ministers which relate to the provision of railway passenger services, or the operation of additional railway assets, under or by virtue of franchise agreements;
F12
“franchising functions”, in relation to a Passenger Transport Authority or Passenger Transport Executive, means any functions conferred or imposed on the Authority or, as the case may be, the Executive under or by virtue of section 34 above;
“railway investment” means investment in assets for use in the provision of railway services.