Section 73: Keeping of register by the Secretary of State., Railways Act 1993

The Secretary of State shall, at such premises and in such form as he may determine, maintain a register . . . .

Subject to subsections (3) and (4) below, the Secretary of State shall cause to be entered in the register (except so far as they are required to be entered in the register maintained under section 73A or the register maintained under section 73B below) the provisions of—

every exemption under section 24;

every franchise agreement;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

every amendment (however described) of a franchise agreement other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement.;

every determination made by him under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

every revocation of a determination made by him under that section in relation to a description of closures;

every condition agreed to under subsection (5) of that section in connection with a determination made by him;

every final or provisional order made by the Secretary of State in relation to . . . a franchise agreement or to any closure or proposed closure or to any closure requirement , every revocation of such an order and every notice given by the Secretary of State under section 55(6) above that he is satisfied that he does not need to make such an order;

every penalty imposed by the Secretary of State under section 57A above;

every statement of policy published by the Secretary of State under that section;

every designation under section 23 and every variation or revocation of such a designation;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and, without prejudice to the generality of paragraph (d) above, "amendment" in that paragraph includes any variation of the property, rights and liabilities which from time to time constitute the franchise assets in relation to the franchise agreement in question, whether the variation is effected in accordance with the terms of, or by an amendment made to, the franchise agreement.

The Secretary of State may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as he considers it appropriate to exclude for the purpose of maintaining the confidentiality of—

matters relating to the affairs of an individual the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that individual; and

matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that body.

If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest he may decide not to enter that provision in the register.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The contents of the register shall be available for inspection at any time by the Scottish Ministers, the Welsh Ministers or the Office of Rail and Road, without payment of any fee; and the Scottish Ministers, the Welsh Ministers and the Office of Rail and Road may each require the Secretary of State, without payment of any fee, to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by the Secretary of State to be a true copy or extract.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 73: Keeping of register by the Secretary of State.

Discussed in

About this text