SCHEDULES

SCHEDULE 1Transfer etc. of functions of the Strategic Rail Authority

Part 1Transfer and abolition of functions

Transfer of functions as operator of last resort

20

I1I51

In section 30 of the 1993 Act (operator of last resort to provide or secure provision of service where no franchise agreement), for “Authority”, wherever occurring, substitute “ relevant franchising authority ”.

I22

Subsection (1)(a) shall cease to have effect.

I23

In subsection (2), for “begin (or again begin) to be provided” substitute “ begin to be provided again ”.

I34

After subsection (3) of that section, insert—

3A

For the purposes of this section the Secretary of State and the Scottish Ministersshall each have power—

a

to provide or operate network services, station services or light maintenance services; or

b

to store goods or consign them from a place to which they have been carried by rail;

and the Scottish Ministers shall have power to provide Scotland-only services and cross-border services.

3B

In this section “relevant franchising authority” means the person who was the appropriate franchising authority in relation to the franchise agreement that has been terminated or otherwise come to an end.

I45

Where immediately before the commencement of this paragraph any service is being provided or secured by the Strategic Rail Authority by virtue of section 30 of the 1993 Act, that section is to have effect after the commencement of this paragraph as if—

a

the condition in subsection (1)(b) of that section were satisfied; and

b

the relevant franchising authority were—

i

except where sub-paragraph (ii) applies, the Secretary of State; and

ii

where the franchised services under the franchise agreement in accordance with which the services in question were last provided included Scotland-only services, the Scottish Ministers.