Part IVTransport

Chapter VIIPublic-Private Partnership Agreements

Miscellaneous and supplementary

238Statutory undertakers

Where, by virtue of a PPP agreement, statutory functions relating to a railway are exercisable by a PPP company, the PPP company shall, as respects any matter arising from the carrying out of the subject-matter of the PPP agreement, be taken to be authorised by an enactment to carry on a railway undertaking.

239Interpretation of Chapter VII

(1)

In this Chapter, unless the context otherwise requires—

“key system assets” has the meaning given by section 213(1) above;

“locomotive” means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle);

“PPP agreement” has the meaning given by section 210 above;

“PPP arbiter” shall be construed in accordance with section 225(1) above;

“PPP company” shall be construed in accordance with section 210(5) above;

“PPP designation” shall be construed in accordance with section 212(1) above;

“PPP lease” has the meaning given by section 218 above;

“PPP related third party” shall be construed in accordance with section 215(2)(b) above;

“PPP related third party agreement” means any arrangements falling within section 215(2)(b) above;

“premises” includes any land, building or structure;

“public sector operator” has the meaning given by section 211 above;

“railway” has the meaning given in section 67(1) of the M1Transport and Works Act 1992;

“railway vehicle” includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along a railway;

“the relevant authority” means—

(a)

as respects any time before the transfer date, London Regional Transport; and

(b)

as respects any time on or after that date, Transport for London;

“relevant body” has the meaning given by section 210(2) above (that is to say, London Regional Transport, Transport for London or a subsidiary of London Regional Transport or Transport for London);

“rolling stock” means any carriage, wagon or other vehicle used on a railway and includes a locomotive;

“station” means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;

“the transfer date” means the date on which London Underground Limited becomes a subsidiary of Transport for London;

“vehicle” includes a railway vehicle.

(2)

Any reference in this Chapter to a railway includes a reference to any stretch of track comprised in a railway.