I2C1C2 Part I The Provision of Railway Services

Annotations:
Commencement Information
I2

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

Modifications etc. (not altering text)
C1

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C2

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Supplementary powers of the Franchising Director etc.

F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I154 Exercise of functions for purpose of encouraging investment in the railways.

1

The F4Secretary of State F13, the Welsh Ministers 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.

F62

The Secretary of State F14, the Welsh Ministers 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 F15, the Welsh Ministers or the Scottish Ministers, means—

    1. a

      any F8of the functions of the Secretary of State F17or of the Welsh Ministers or of the Scottish Ministers under sections 17 to 19, 23, 24, 26 to F931F10. . . above;

    2. b

      any power conferred on the F7Secretary of State F16, the Welsh Ministers or the Scottish Ministers under or by virtue of F11section 1(2) of the Railways Act 2005; and

    3. c

      any other functions of the F7Secretary of State F16, the Welsh Ministers 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;

  • F12franchising 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.