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(1)For the purposes of this Chapter a public-private partnership agreement (referred to as a “PPP agreement”) is a contract in the case of which the conditions set out in the following provisions of this section are satisfied.
(2)At least one of the parties to the contract must be a relevant body for the purposes of this Chapter, that is to say—
(a)London Regional Transport;
(b)Transport for London; or
(c)a subsidiary of London Regional Transport or Transport for London.
(3)The contract must be one which involves—
(a)the provision, construction, renewal, or improvement, and
(b)the maintenance,
of a railway or proposed railway and, if or to the extent that the contract so provides, of any stations, rolling stock or depots used or to be used in connection with that railway.
(4)The railway or proposed railway must be one which—
(a)belongs or will belong to, or to a subsidiary of, London Regional Transport or Transport for London, or
(b)is being provided, constructed, renewed or improved under the contract for, or for a subsidiary of, London Regional Transport or Transport for London.
(5)If a party who undertakes to carry out or secure the carrying out of any or all of the work mentioned in subsection (3) above (a “PPP company”) is a public sector operator at the time when the contract is made, that party must no longer be a public sector operator on the day following the expiration of the period of six weeks beginning with the day on which the condition in subsection (6) below is satisfied.
(6)The contract must be one which is, or is of a description which is, designated as a PPP agreement.
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