Article 3 Modification of the general duties of the Rail Passengers’ Council

(1)

The duties imposed by section 76 of the 1993 Act shall, in relation to railway passenger services which operate exclusively on the Merseyrail Electrics network and station services relating to the provision or operation of a network station, apply with the following modifications.

(2)

Section 76 shall be read as if:

(a)

for the references to a “franchise agreement” there were substituted references to the concession agreement under which such services are for the time being provided;

(b)

for the references to “the franchisee” there were substituted references to the concession operator under the relevant concession agreement;

(c)

in subsections (2), (4), (5), (5A), (6)(b) and (7), for the references to “the Authority” there were substituted “the Merseyside Passenger Transport Executive”; and

(d)

in subsection (6)(a), after the reference to “the Secretary of State” there were inserted the words “the Merseyside Passenger Transport Executive”.

(3)

In section 76(4)(b), references to services provided on behalf of the Merseyside PTE shall not include services provided under a concession agreement.

(4)

Where the Rail Passengers’ Council considers it appropriate to do so, a matter may be referred under section 76(5) to the Strategic Rail Authority in addition to the Merseyside PTE.

(5)

Section 76(8) shall be disregarded.