Paragraph 6

(1)

Any operator who holds a light maintenance depot licence other than an operator who:

(a)

is providing light maintenance services—

(i)

all of which are provided by, for or on behalf of one or more Transport for London companies;

(ii)

for rolling stock used on the network constructed in consequence of the making of any of the works authorised by section 5 of the Heathrow Express Railway Act 1991;

(iii)

for rolling stock used on the network constructed in the tunnel system within the meaning of the Channel Tunnel Act 1987; or

(iv)

wholly or predominantly for rolling stock used for passenger services which are not franchised services; or

(b)

is a person—

(i)

who holds a licence to operate trains, or who is a Group Company of a person who holds a licence to operate trains; and

(ii)

who operates light maintenance depots which are used, when all of those depots are considered in aggregate, wholly or predominantly for freight purposes.

(2)

In determining the predominant use of a light maintenance depot for the purposes of this paragraph, temporary use, use for locomotive refuelling and use for emergency purposes shall be disregarded.