Greater London Authority Bill - continued        House of Lords
PART IV, TRANSPORT - continued
Miscellaneous - continued

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  CHAPTER VI
  RAILWAYS
Power of Authority to give instructions or guidance to the Franchising Director.     174. - (1) The Authority may give instructions or guidance to the Franchising Director in relation to the provision of railway services in Greater London.
 
      (2) It is immaterial for the purpose of giving instructions or guidance under subsection (1) above whether implementation of the instructions or guidance affects railway services outside Greater London.
 
      (3) The Franchising Director shall exercise his functions in the manner best calculated to implement any instructions or guidance given to him by the Authority.
 
      (4) Subsection (3) above is subject to subsection (5) below.
 
      (5) The Franchising Director shall not give effect to any instructions or guidance given by the Authority if or to the extent that, in his opinion, implementing the instructions or guidance will-
 
 
    (a) prevent or seriously hinder him from complying with any instructions, guidance or objectives given to him by the Secretary of State under section 5(1) of the Railways Act 1993;
 
    (b) have an adverse effect on the provision of services for the carriage of passengers by railway outside Greater London; or
 
    (c) increase the amount of any payments to which paragraph (b) of section 5(1) of the Railways Act 1993 applies which he may be required to make.
      (6) If the Franchising Director decides not to implement any instructions or guidance given by the Authority, whether generally or in a particular case, he shall give the Authority notification of the decision and his reasons for it.
 
      (7) The matters in respect of which instructions or guidance may be given under this section are those specified in sub-paragraphs (i) and (ii) of section 5(1)(a) of the Railways Act 1993.
 
      (8) Any functions conferred or imposed on the Authority by this section shall be exercisable by the Mayor acting on behalf of the Authority.
 
      (9) In this section "the Franchising Director" means the Director of Passenger Rail Franchising.
 
Franchising Director to consult Mayor as to fares, services etc.     175. - (1) The Franchising Director shall from time to time consult the Mayor as to-
 
 
    (a) the general level and structure of the fares to be charged for the carriage of passengers by railway on services to which this section applies; and
 
    (b) the general level of the provision to be made for such services.
      (2) The services to which this section applies are services to, from or within Greater London-
 
 
    (a) which are, or are to be, provided under franchise agreements; or
 
    (b) whose provision the Franchising Director is under a duty to secure, by virtue of section 30, 37 or 38 of the Railways Act 1993 (which relate to the failure to secure a subsequent franchise agreement and the proposed discontinuance of services).
Exemptions by order under Part I of the Railways Act 1993.     176. - (1) The Railways (London Regional Transport) (Exemptions) Order 1994 shall have effect with the following amendments.
 
      (2) In article 2 (interpretation) the word "and" immediately preceding the definition of "LRT company" shall be omitted, and in that definition, after "means" there shall be inserted "(a)" and at the end there shall be added-
 
 
    "(b) Transport for London or any subsidiary of theirs; or
 
    (c) a PPP company, so far as carrying out qualifying activities".
      (3) In article 2, after the definition of "LRT company" there shall be added-
 
 
    ""PPP agreement" and "PPP company" have the same meaning as in Chapter VII of Part IV of the Greater London Authority Act 1999 (public-private partnership agreements);
 
    "qualifying activities", in relation to a PPP company, means light maintenance services, network services or station services carried out by the PPP company in fulfilment of obligations imposed on the company by a PPP agreement."
      (4) The amendments made by this section are without prejudice to the exercise of any power conferred by any enactment (including a power conferred by any provision of this Act) to amend the said Order of 1994 by an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978.
 
Railway access contracts.     177. - (1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, Transport for London may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding-
 
 
    (a) that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and
 
    (b) that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which Transport for London is to exercise its functions in relation to the contract.
      (2) The duty imposed on the Mayor by section 152 above accordingly also has effect subject, as respects the power conferred on Transport for London by subsection (1) above, to the powers of the Rail Regulator under section 18 of the Railways Act 1993.
 
      (3) After section 41 of the London Regional Transport Act 1984 there shall be inserted-
 
 

"Railway access contracts
Access contracts under the Railways Act 1993.     41A. - (1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, London Regional Transport may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding-
 
 
    (a) that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and
 
    (b) that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which London Regional Transport is to exercise its functions in relation to the contract.
      (2) The duties imposed on London Regional Transport by sections 2 and 8 of this Act accordingly also have effect subject, as respects the power conferred by subsection (1) above, to the powers of the Rail Regulator under section 18 of the Railways Act 1993."
 
      (4) In section 4 of the Railways Act 1993 (general duties of the Secretary of State and the Rail Regulator) in subsection (5) (which imposes additional duties on the Rail Regulator) the word "and" immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added "; and
 
 
    (d) to have regard to the ability of the Mayor of London, London Regional Transport and Transport for London to carry out the functions conferred or imposed on them by or under any enactment".
Transport for London: contracts requiring passenger licences.     178. - (1) Transport for London may not by virtue of any provision of this Act or any other enactment enter into or carry out any agreement with respect to the provision or retention, or financing, of public passenger transport services if the agreement-
 
 
    (a) is one which involves the holding of a passenger licence; and
 
    (b) is not an excepted agreement.
      (2) An agreement "involves the holding of a passenger licence" for the purposes of this section if it involves the doing by any person, whether or not a party to the agreement, of anything which, by virtue of section 6 of the Railways Act 1993 (prohibition on unauthorised operators of railway assets), that person may not do without the authorisation of a passenger licence.
 
      (3) An agreement is an "excepted agreement" for the purposes of this section if it is-
 
 
    (a) an agreement with the Franchising Director; or
 
    (b) an agreement under section 155 above, other than one falling within subsection (4) below.
      (4) An agreement falls within this subsection if, in pursuance of the agreement, Transport for London or a subsidiary of Transport for London is to enter into a further agreement which involves the holding of a passenger licence.
 
      (5) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.
 
Authority and Transport for London not to be railway franchisees.     179. - (1) Section 25(1) of the Railways Act 1993 (which prevents public sector operators, as defined in the paragraphs of that subsection, from being franchisees) shall be amended as follows.
 
      (2) After paragraph (b) there shall be inserted-
 
 
    "(bb) the Greater London Authority;
 
    (bc) Transport for London;".
      (3) In paragraph (d) (bodies corporate whose members are appointed by certain other bodies or persons) after "a local authority" there shall be inserted ", the Greater London Authority, Transport for London".
 
 
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