Railways Bill — 6 Apr 2005 at 16:20
moved Amendments Nos. 2 to 7:
Page 12, line 16, at end insert-
"(2A) Where a Passenger Transport Executive for an area in England submits a statement under subsection (1A) the Executive shall be a party to any franchise agreement in respect of any services specified in the statement providing that the Executive becomes a party to the agreement within 60 days of the agreement being finalised."
Page 12, line 41, leave out from "unless" to end of line and insert "one of the conditions in subsection (5A) is met"
Page 12, line 41, at end insert-
"(5A) The conditions referred to in subsection (5) are-
(a) that the agreement is not for purposes relating to or connected with the provisions of-
(i) services for the carriage of passengers by railway; or
(ii) station services provided for purposes connected with any such services;
(b) that the agreement relates exclusively to the grant of permission for a person to use a railway facility where a Passenger Transport Executive is the facility owner or the person granted permission; and
(c) the agreement is approved by the Secretary of State."
Page 12, line 43, leave out "(5)" and insert "(5A)"
Page 13, line 12, at end insert-
"(8A) If the Secretary of State considers it desirable to do so in relation to any franchise agreement in respect of services for the carriage of passengers by railway he may give a direction to the Passenger Transport Executive or Executives for the area or areas concerned providing that any one or more of subsections (1A), (1B) or (2A), or any part of any one of those subsections, shall not have effect with respect to that franchise agreement."
Page 13, line 17, at end insert "except that in the case of subsection (1A) it is a reference only to a service for the carriage of passengers by railway between places in that area"
On Question, amendments agreed to.
Schedule 4 <[i>Reviews by ORR of access charges and licence conditions]:
moved Amendment No. 8:
Page 96, line 9, at end insert-
"(2A) The Office of Rail Regulation shall not be entitled to make a determination under paragraph 1G(2) which is likely to lead to the services provided with the use or in respect of any railway facility being curtailed or discontinued (whether as to quality, time or in any other respect) unless the requirements of paragraph 1(G)(2B) have been complied with and the conditions in paragraph 1G(2C) have been satisfied.
(2B) The requirements are that the Office of Rail Regulation has consulted-
(a) the facility owner and the beneficiaries of all access contracts in respect of the railway facility in question; and
(b) the franchisee under every franchise agreement which contemplates the franchisee, or any person on its behalf, using the railway facility in question,
and has taken into consideration all representations and objections made to it by those persons in respect of the proposed determination.
(2C) The Office of Rail Regulation may not make a determination under paragraph 1G(2) unless it is satisfied that-
(a) the value of the rights of such facility owner and the beneficiaries under or in respect of that railway facility or those access contracts shall not be adversely affected by the proposed determination, or that adequate financial compensation shall be payable to them out of public financial resources in respect of any such adverse effect; and
(b) in the case of a franchise agreement, the agreement shall be amended so as to relieve the franchisee from the obligation to comply with its terms to the extent that, if the agreement were not amended, compliance would be impossible or more onerous by reason of the proposed determination.
(2D) If the Office of Rail Regulation fails to make a determination under paragraph 1G(2) by reason of one or both of the considerations specified in paragraph 1G(2C), the Secretary of State or Scottish ministers as appropriate shall ensure that public financial resources shall be increased accordingly."
On Question, Whether the said amendment (No. 8) shall be agreed to?
Their Lordships divided: Contents, 158; Not-Contents, 135.
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