Part IU.K. The Provision of Railway Services

Modifications etc. (not altering text)

C2Pt. 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)

Commencement Information

I1Pt. 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)

Registers and reports of [F1the Office of Rail and Road] and the [F2Authority]E+W+S

Textual Amendments

F1Words in s. 72 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1

F2Word in cross-heading substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 43; 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))

73 Keeping of register by the [F3Secretary of State].E+W+S

(1)The [F3Secretary of State] shall, at such premises and in such form as [F4he] may determine, maintain a register F5. . . .

(2)Subject to [F6subsections (3) and (4)] below, the [F3Secretary of State] shall cause to be entered in the register [F7(except so far as they are required to be entered in the register maintained under section 73A [F8or the register maintained under section 73B] below)] the provisions of—

(a)every franchise exemption;

(b)every franchise agreement;

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)every amendment (however described) of a franchise agreement [F10other 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.];

[F11(da)every determination made by him under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

(db)every revocation of a determination made by him under that section in relation to a description of closures;

(dc)every condition agreed to under subsection (5) of that section in connection with a determination made by him;]

(e)every final or provisional order [F12made by the [F3Secretary of State] in relation to F13. . . ] a franchise agreement [F14or to any closure or proposed closure or to any closure requirement] , every revocation of such an order and every notice given by the [F3Secretary of State] under section 55(6) above that [F15he] is satisfied that [F15he] does not need to make such an order;

[F16(f)every penalty imposed by the [F3Secretary of State] under section 57A above;

(g)every statement of policy published by the [F3Secretary of State] under that section;

[F17(ga)every designation under section 23 and every variation or revocation of such a designation;]]

(h)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

[F19(3)The Secretary of State may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as he considers it appropriate to exclude for the purpose of maintaining the confidentiality of—

(a)matters relating to the affairs of an individual the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that individual; and

(b)matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that body.]

(4)If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest [F20he may decide] not to enter that provision in the register.

(5)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The contents of the register shall be available for inspection at any time by [F22the Scottish Ministers[F23, the Welsh Ministers] or] [F24the Office of Rail and Road], without payment of any fee; and [F25the Scottish Ministers[F23, the Welsh Ministers] and [F24the Office of Rail and Road] may each] require the [F3Secretary of State], 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 [F3Secretary of State] to be a true copy or extract.

F9(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Words in s. 73 substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(1); S.I. 2005/1909, art. 2, Sch.

F4Word in s. 73(1) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(2); S.I. 2005/1909, art. 2, Sch.

F6Words in s. 73(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(3)(a); S.I. 2005/1909, art. 2, Sch.

F9S. 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)

F10Words 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)

F11S. 73(da)-(dc) substituted (1.12.2006) for s. 73(da) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 11(1)(a)(2); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F12Words 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)

F14Words in s. 73(2)(e) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 11(1)(b)(2); S.I. 2006/2911 {art. 2}, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F15Word in s.73(2)(e) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(3)(c); S.I. 2005/1909 {art. 2}, Sch.

F16S. 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)

F20Words in s. 73(4) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(5); S.I. 2005/1909, art. 2, Sch.

F21S. 73(5)(6) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 30(6), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2); S.I. 2005/1909, art. 2, Sch.

F22Words in s. 73(7) inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(7)(a); S.I. 2005/1909, art. 2, Sch.

F25Words in s.73(7) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(7)(b); S.I. 2005/1909 {art. 2}, Sch.