SCHEDULES

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

Part 1Transfer and abolition of functions

Transfer of functions relating to franchise agreements

13

I11

In section 23 of the 1993 Act (passenger services to be subject to franchise agreements), in subsections (1) and (2), for “Authority”, wherever occurring, substitute “ appropriate designating authority ”.

I52

After subsection (2) of that section insert—

2ZA

Where the Scottish Ministers designate Scotland-only services, they may also designate cross-border services which—

a

they consider should be provided under the same franchise agreement as particular Scotland-only services or a particular class of them; and

b

are not exempt from designation under subsection (1) by virtue of section 24.

2ZB

Nothing in this section requires the Secretary of State to designate a cross-border service already designated by the Scottish Ministers.

2ZC

Before the Secretary of State or the Scottish Ministers designate a cross-border service he or they must consult the other.

I13

Subsection (2B) of that section (publication of designations etc.) shall cease to have effect.

I64

In subsection (3) of that section—

I2a

before the definition of “franchise agreement” insert—

“the appropriate designating authority”—

a

in relation to Scotland-only services, means the Scottish Ministers; and

b

in relation to all other services, means the Secretary of State;

“the appropriate franchising authority”—

a

in relation to a Scottish franchise agreement, means the Scottish Ministers; and

b

in relation to any other franchise agreement, means the Secretary of State;

I3b

in the definition of “franchise agreement”, for “with the Authority” substitute “ with the Secretary of State, with the Scottish Ministers or with the Secretary of State and the National Assembly for Wales jointly, ”.

I4I65

Every designation made by the Strategic Rail Authority under section 23 of the 1993 Act which is in force immediately before the commencement of sub-paragraph (1) shall have effect after the commencement of that sub-paragraph as a designation in accordance with that section—

a

in the case of services that at that time were being provided under a franchise agreement the franchised services under which consist of or include Scotland-only services, by the Scottish Ministers; and

b

in any other case, by the Secretary of State.