Railways Act 2005

14 Repeals and savings relating to Passenger Transport Executives

(1) The following provisions shall cease to have effect—

(a) in section 10(1) of the Transport Act 1968, paragraphs (vi) and (viza) (powers to enter into agreements with the SRA);

(b) section 20(2)(b) and (3) of that Act (duty of PTE to enter into agreements to secure the provision of railway passenger services and to provide information for that purpose); and

(c) sections 34 and 35 of the 1993 Act (role of PTAs and PTEs in relation to franchising and the termination and variation of agreements under section 20(2) of the 1968 Act).

(2) Subject to subsection (3), a Passenger Transport Executive who are a party to a franchise agreement immediately before the commencement of subsection (1) may continue to be a party to that agreement after that time, notwithstanding anything in subsection (1) of this section or in section 13.

(3) Where a Passenger Transport Executive are a party to a franchise agreement immediately before the commencement of subsection (1) of this section—

(a) subsection (2) of this section and section 13(4) and (7) are to be disregarded for the purpose of giving effect to any provision of the agreement by virtue of which a person may cause the Executive to cease to be a party to it; and

(b) the Executive must comply with all such directions as may be given to them by the Secretary of State to take steps for the purpose of ceasing to be a party to the agreement.

(4) The provisions of this section and the repeals made by this Act do not affect the application of the following provisions in relation to a franchise agreement into which a Passenger Transport Executive entered before the commencement of subsection (1) of this section, that is to say—

(a) subsection (17) of section 34 of the 1993 Act (disputes); and

(b) any other enactment so far as it has effect for the purposes of or in relation to that subsection of that section.

(5) In the operation of any enactment by virtue of subsection (4) of this section references in that enactment to the Strategic Rail Authority are to have effect as references to the Secretary of State.