Railways Act 1993

73 Keeping of register by the [F1 Authority]. E+W+S

(1) The [F2 Authority] shall, at such premises and in such form as [F3 it] may determine, maintain a register for the purposes of this Part.

(2) Subject to subsection (3) and to any direction given under subsection (4) below, the [F4 Authority] shall cause to be entered in the register the provisions of—

(a) every franchise exemption;

(b) every franchise agreement;

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) every amendment (however described) of a franchise agreement [F6 other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement.];

[F7 (da) every closure consent and closure condition, every determination under section 37(1), 38(2), 39(1), 40(2), 41(1) or 42(2) above that a closure is a minor closure, every condition imposed under section 37(1), 39(1) or 41(1) above, every general determination under section 46A above and every revocation of a general determination under that section;]

(e) every final or provisional order [F8 made by the Authority in relation to a licence or] a franchise agreement [F9 or to any closure or proposed closure or to any closure consent or closure condition], every revocation of such an order and every notice given by the [F4 Authority] under section 55(6) above that [F10 it] is satisfied that [F10 it] does not need to make such an order;

[F11 (f) every penalty imposed by the Authority under section 57A above;

(g) every statement of policy published by the Authority under that section;]

[F12 (h) every licence with conditions relating to consumer protection, every licence exemption with such conditions and every approval given by the Authority to such conditions of a licence or licence exemption;

(i) every assignment of a licence to which the Authority has consented;

(j) every requirement to modify conditions of a licence imposed by the Authority on the Regulator;

(k) every requirement to revoke a licence exemption imposed by the Authority on the Regulator;

(l) every requirement imposed, or consent or approval given, by the Authority under a licence;

(m) every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;]

and, without prejudice to the generality of paragraph (d) above, “amendment" in that paragraph includes any variation of the property, rights and liabilities which from time to time constitute the franchise assets in relation to the franchise agreement in question, whether the variation is effected in accordance with the terms of, or by an amendment made to, the franchise agreement.

(3) In entering any provision in the register, the [F13 Authority] shall have regard to the need for excluding, so far as that is practicable, the matters specified in paragraphs (a) and (b) of section 71(2) above, for this purpose taking references in those paragraphs to the Regulator as references to the [F13 Authority].

(4) If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest or the commercial interests of any person, he may direct the [F13 Authority] not to enter that provision in the register.

(5) The contents of the register shall be available for inspection by the public during such hours and subject to the payment of such fee as may be specified in an order made by the Secretary of State.

(6) Any person may, on the payment of such fee as may be specified in an order so made, require the [F13 Authority] to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by the [F13 Authority] to be a true copy or extract.

(7) The contents of the register shall be available for inspection at any time by the Regulator, without payment of any fee; and the Regulator may require the [F13 Authority], without payment of any fee, to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by the [F13 Authority] to be a true copy or extract.

F5 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in the sidenote to s. 73 substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 44(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F2 Words in s. 73(1) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 44(2)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F3 Word in s. 73(1) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 44(2)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F4 Words in s. 73(2) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 44(3)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F5 S. 73(2)(c)(8) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F6 Words in s. 73(2)(d) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 37(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F7 S. 73(2)(da) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 27(1)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F8 Words in s. 73(2)(e) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 16(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F9 Words in s. 73(2)(e) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 27(1)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F10 Words in s. 73(2) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 44(3)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F11 S. 73(2)(f)(g) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 37(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F12 S. 73(2)(h)-(m) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 16(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F13 Words in s. 73(3)(4)(6)(7) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 44(4); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))