Section 28 Fares and approved discount fare schemes.

A franchise agreement may include provision with respect to the fares to be charged for travel by means of the franchised services.

Subject to the other provisions of this Act, if it appears to the F1appropriate franchising authority that the interests of persons who use, or who are likely to use, franchised services so require, F2it shall ensure that the franchise agreement in question contains any such provision as it may consider necessary for the purpose of securing that any fares, or any fares of a class or description, which are to be charged are, in its opinion, reasonable in all the circumstances of the case.

Every franchise agreement shall include provision requiring the franchise operator—

if and to the extent that the franchised services are services, or services of a class or description, in relation to which the approved discount fare scheme in question applies.

The discount fare schemes which are to be regarded F3, in relation to a franchise agreement, for the purposes of this section as “approved” are those which are from time to time approved for the purposes of this section by the F4appropriate franchising authority .

In this section—

• “discount fare scheme” means any scheme for enabling persons who are young, elderly or disabled to travel by railway at discounted fares, subject to compliance with such conditions (if any) as may be imposed by or under the scheme;

• “discounted fare” means a lower fare than the standard fare for the journey in question;

• “scheme” includes any agreement or arrangements.