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| Strategies. |
6. - (1) The Authority shall formulate, and keep under review, strategies with respect to its purposes.
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(2) The Authority shall consult the Regulator before formulating a strategy and from time to time as part of keeping its strategies under review.
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(3) The Secretary of State may give the Authority directions and guidance in relation to its strategies, in particular in relation to-
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(a) the matters to be covered by them, |
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(b) the issues to be taken into account in formulating them, |
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(c) the strategy to be adopted in relation to any matter, and |
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(d) the updating of them. |
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(4) The strategies formulated by the Authority shall include one relating to services in various parts of Great Britain for facilitating the carriage of passengers or goods by rail by way of the Channel Tunnel.
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| Manner of exercise of functions. |
7. - (1) The Authority shall exercise its functions with a view to furthering its purposes in accordance with any strategies which it has formulated with respect to them.
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(2) In exercising its functions in accordance with subsection (1) the Authority shall act in the way best calculated-
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(a) to protect the interests of users of railway services, |
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(b) to contribute to the achievement of sustainable development, |
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(c) to promote efficiency and economy on the part of persons providing railway services, |
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(d) to promote measures designed to facilitate the making by passengers of journeys which involve the use of the services of more than one passenger service operator (including, in particular, arrangements for the issue and use of through tickets), |
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(e) to impose on the operators of railway services the minimum restrictions which are consistent with the performance of the Authority's functions, and |
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(f) to enable persons providing railway services to plan the future of their businesses with a reasonable degree of assurance. |
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(3) In exercising its functions in accordance with subsections (1) and (2) the Authority shall have regard to-
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(a) the need to protect all persons from dangers arising from the operation of railways (including, in particular, by taking into account any advice given by the Health and Safety Executive), |
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(b) the interests of persons who are disabled, and |
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(c) the effect on the environment of activities connected with the provision of railway services. |
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(4) The Authority shall secure that any grants, loans or other payments made by it are such as it reasonably considers will further its purposes (in accordance with any strategies which it has formulated) economically and efficiently.
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(5) Subject to subsection (4), the Secretary of State may give the Authority-
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(a) directions and guidance as to the manner in which it is to exercise any of its functions in order to comply with subsections (1) to (3), and |
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(b) directions not to exercise any of its functions in a particular manner without consulting, or obtaining the consent of, the Secretary of State. |
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Functions |
| Financial assistance etc. |
8. - (1) The Authority may-
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for any purpose relating to any railway or railway services.
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(2) Any grant or loan made, or any guarantee given, shall be on such terms, and subject to any such conditions, as the Authority considers appropriate.
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(3) The Authority may enter into agreements for the purpose of securing the provision, improvement or development of any railway services or railway assets.
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(4) Schedule 2 (which limits the application of this section in certain circumstances and makes provision for the transfer to the Authority of certain property, rights and liabilities of the Secretary of State in consequence of sections 137 and 139 of the Railways Act 1993 being superseded by this section) has effect.
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(5) In this section "railway" has its wider meaning.
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| Power to provide services. |
9. - (1) The Authority may, with the consent of the Secretary of State, provide such services for the carriage by railway of passengers and goods as the Authority considers desirable.
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(2) The Authority may do anything it considers desirable for the purposes of, or in connection with, such services, including (in particular)-
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(a) providing and operating network services, station services and light maintenance services, |
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(b) entering into agreements (including agreements with carriers outside Great Britain for the carriage of passengers or goods by rail by way of the Channel Tunnel), |
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(c) acquiring the whole or any part of an undertaking, and |
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(d) storing goods and consigning them from any place to which they have been carried by rail. |
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(3) The Authority may not directly provide services for the carriage of passengers by road but may secure the provision by other persons of services for the carriage of passengers by road, by means of public service vehicles or licensed taxis, where railway services have been temporarily interrupted or discontinued.
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(4) Where it is not practicable for a service by road to correspond precisely to the railway service which has been interrupted or discontinued, it may deviate from the route of that railway service; and even where it is practicable for it to do so, the route and stopping places of a service provided where a railway service has been discontinued need not correspond precisely with the discontinued service so long as it broadly corresponds with the discontinued service in terms of the localities it serves.
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(5) Before entering into any agreement with any person in pursuance of subsection (3) for the provision of a service for the carriage of passengers by road in a case where a railway service has been discontinued, the Authority shall invite other persons to submit tenders to provide that service for such period, and on such basis, as may be specified in the invitation to tender.
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(6) Subsection (5)-
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(a) does not apply in relation to an agreement for the provision on a temporary basis of a service for the carriage of passengers by road in a case where such a service provided under an agreement entered into by the Authority in pursuance of subsection (3) has been temporarily interrupted, and |
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(b) does not require the Authority to accept any tender submitted in response to an invitation to tender. |
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(7) In subsection (3) "licensed taxi" means-
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(a) in England and Wales, a vehicle licensed under section 37 of the Town Police Clauses Act 1847 or section 6 of the Metropolitan Public Carriage Act 1869 or under any similar enactment, and |
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(b) in Scotland, a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982, |
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and, in subsection (4), "stopping places" means points at which passengers are taken up or set down in the course of the service.
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| Franchising. |
10. - (1) In section 23(1) of the Railways Act 1993 (duty of Authority to designate passenger services as eligible for provision under franchise agreements), for the words after "designate" substitute "such services for the carriage of passengers by railway (other than services which are, by virtue of section 24 below, exempt from designation under this subsection) as it considers ought to be provided under franchise agreements."
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(2) In that Act, after section 26 insert-
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| "No adequate tenders for franchise. |
26A. - (1) This section applies where the Authority has issued an invitation to tender for the provision of any services under section 26 above but-
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(a) it receives no tenders; or |
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(b) it receives one or more tenders but determines that the services could be provided more economically and efficiently otherwise than under a franchise agreement entered into pursuant to any of them. |
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(2) The Authority shall give notice-
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(a) to the Secretary of State; and |
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(b) (if it received a tender or tenders) to the person or persons who submitted the tender or tenders. |
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(3) Where a notice is given to the Secretary of State under subsection (2) above, he shall, after considering the matter, give a direction to the Authority.
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(4) In a case where the Authority received no tenders, the direction shall be either-
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(a) a direction not to seek to secure the provision of the services under a franchise agreement; or |
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(b) a direction to issue new invitations to tender for the provision of the services under section 26 above. |
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(5) In a case where the Authority received a tender or tenders, the direction shall be-
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(a) a direction not to seek to secure the provision of the services under a franchise agreement; |
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(b) a direction to issue new invitations to tender for the provision of the services under section 26 above; or |
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(c) a direction to reconsider the tender or tenders with a view to selecting a franchisee. |
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(6) A notice given under subsection (2) above to any person who submitted a tender shall specify a period (not being less than 28 days from the date of the service on him of the notice) within which representations may be made to the Secretary of State.
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(7) If any tenders were received no direction shall be given by the Secretary of State under this section until he has considered any representations which are duly made in response to a notice given under subsection (2) above and not withdrawn.
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(8) The Secretary of State may at any time revoke a direction under subsection (4)(a) or (5)(a) above and instead direct the Authority to issue new invitations to tender for the provision of the services under a franchise agreement.
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| Review of directions. |
26B. - (1) If the Secretary of State gives a direction under section 26A(5) above, he shall give notice to the person or persons who submitted the tender or tenders that he has done so.
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(2) An application for the review of a decision of the Secretary of State to give a direction under section 26A(5) above may be made to the court by any person who submitted a tender within 42 days from the date of service on him of the notice under subsection (1) above.
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(3) Except as provided by subsection (2) above, a direction under section 26A above shall not be questioned by any legal proceedings whatever.
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(4) In subsection (2) above "the court" means-
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(a) the High Court in relation to England and Wales; and |
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(b) the Court of Session in relation to Scotland." |
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(3) For section 30 of that Act substitute-
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| "Duty of Authority in absence of franchise. |
30. - (1) The Authority shall provide, or secure the provision of, services for the carriage of passengers by railway where-
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(a) a direction relating to the provision of the services has been given under section 26A(4)(a) or (5)(a) above; or |
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(b) a franchise agreement in respect of the services is terminated or otherwise comes to an end but no further franchise agreement has been entered into in respect of the services (otherwise than because of such a direction). |
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(2) The duty in subsection (1) above in relation to any services ceases if the services begin (or again begin) to be provided under a franchise agreement.
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(3) Subsection (1) above does not-
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(a) require the Authority to provide or secure the provision of services if and to the extent that, in its opinion, adequate alternative railway passenger services are available; |
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(b) preclude it from giving notice under subsection (5) of section 38 below in relation to any of the services, in which case its duty under this section to secure the provision of the services to which the notice relates will (subject to subsections (5) and (6) of that section) terminate on the day specified in the notice in pursuance of paragraph (b) of that subsection; or |
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(c) preclude it from ceasing to provide or secure the provision of any of the services in any case falling within any of paragraphs (a) to (d) of subsection (2) of that section." |
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| Assumption of functions of Franchising Director. |
11. - (1) Schedule 3 (which transfers to the Authority the functions of the Franchising Director) has effect.
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(2) All the property, rights and liabilities of the Franchising Director (including any rights and liabilities relating to staff appointed by him) are by virtue of this section transferred to the Authority.
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(3) Nothing in this Act affects the validity of anything done by or in relation to the Franchising Director.
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(4) There may be continued by or in relation to the Authority anything (including legal proceedings) which is in the process of being done by or in relation to the Franchising Director when his functions, property, rights and liabilities are transferred to the Authority.
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(5) Anything done by the Franchising Director which is in effect immediately before his functions, property, rights or liabilities are transferred to the Authority shall be treated as if done by the Authority.
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(6) The Authority shall be substituted for the Franchising Director in instruments, contracts and legal proceedings.
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(7) For the purposes of the Employment Rights Act 1996, where a person employed in the civil service of the state becomes an employee of the Authority by virtue of this section-
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(a) his period of employment in the civil service of the state counts as a period of employment with the Authority, and |
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(b) the change of employment does not break the continuity of the period of employment. |
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(8) In consequence of the preceding provisions of this section the office of Franchising Director is abolished.
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(9) If the Secretary of State determines that there are special circumstances which make it right that the person who is the Franchising Director immediately before the office is abolished should receive compensation, the Secretary of State shall pay to that person such compensation as may be determined by the Secretary of State.
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