- accounting records
includes all books, papers and other records of the PC relating to— (a) the accounts which it is required to keep;
- appropriate franchising authority
has the meaning given by section 23(3) above;
- appropriate national authority
has the meaning given by section 59(6)(za) above;”
- appropriate representations
means representations about— a any matter appearing to the Committee to be relevant to the subject-matter of the investigation;
- bus
means a motor vehicle which is designed or adapted to travel along roads and to carry more than eight passengers but which is not a tramcar;
- bye-laws
means bye-laws under section 46;
- bye-laws saved by the 2000 Act
means bye-laws which—
- closure
means— (a) the discontinuance of a railway passenger service or of railway passenger services;
- closure requirement
means a requirement imposed under section 33 of that Act;”
- closures guidance
means the guidance published under section 42, and references to the relevant part of the closures guidance are to be construed in accordance with subsection (2);
- contravention
includes a failure to comply and cognate expressions are to be construed accordingly;
- domestic coach service
means a bus service which— (a) carries passengers at separate fares, and (b) is not a local service;
- enactment
includes an enactment contained in an Act of the Scottish Parliament.
- excluded London service
means an excluded service which— (a) is provided by Transport for London or a subsidiary of Transport for London;
- excluded service
means a railway passenger service other than one which is— (a) a relevant railway passenger service for the purposes of any of sections 22(1), 23(1) and 24(1);
- experimental passenger service
means a railway passenger service which, before its introduction, was designated under section 36 as experimental;
- facilities
includes track, rolling stock, depots, access roads and equipment;
- fairground equipment
has the same meaning as in section 53 of the 1974 Act;
- financial year
means— (a) the period beginning with the establishment of the PC and ending with the following 31st March;
- franchise company
means a person who is, or is to be, the franchisee or the franchise operator under a franchise agreement;
- guided bus system
means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation— (a) travel along roads;
- instrument
has the same meaning as in the Stamp Act 1891.
- land transaction return
has the meaning given by section 76(1) of the Finance Act 2003 (c. 14).
- local authority
means a county council, a community council or council for a district in an area for which there is no county council.
- local service
has the meaning given by section 2 of the Transport Act 1985;
- member
means the chairman or another member of the PC;
- national authority
means— (a) the Secretary of State;
- passenger transport facilities
means facilities for services of a kind mentioned in paragraphs (a) to (c) of subsection (1);
- person at work
has the same meaning as it for the time being has in Part 1 of the 1974 Act (see section 52 of that Act). • “road”— (a) in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;
- preparatory transactions
means anything done under or by virtue of the 1993 Act or this Act for the purpose of initiating, advancing or facilitating the relevant transfer in question.
- prescribed
means prescribed by order made by the Secretary of State;
- private hire vehicles
means—
- public body
means any authority or other body on which functions are conferred by or under an enactment. 6 In subsection (5) “enactment” includes an enactment comprised in an Act of the Scottish Parliament.”
- public financial resources
means any of the following— a money charged on and payable out of the Consolidated Fund;
- public service vehicles
has the meaning given by section 1 of the Public Passenger Vehicles Act 1981 (c. 14);
- railway activities
means activities consisting in, or involving, any of the following— a providing railway services;
- railway funding authority
means— (a) the Secretary of State;
- railway operator
means an operator of a railway asset who is—
- railway passenger service
has the same meaning as in Part 1 of the Railways Act 1993;
- railway safety purposes
has the same meaning as in Schedule 3.
- relevant enactment
means any enactment other than—
- relevant franchise assets
means property, rights and liabilities which, immediately before the end of the franchise period which is ending or has ended, will be or were designated as franchise assets for the purposes of the agreement;
- relevant franchising authority
means the person who was the appropriate franchising authority in relation to the franchise agreement that has been terminated or otherwise come to an end.”
- relevant operator
means—
- relevant Scottish service
means—
- relevant trading profits and losses
means profits or losses under Part 3 of the Corporation Tax Act 2009 in respect of the trade or part of a trade in question for periods in which the trade was carried on wholly or partly in the United Kingdom.
- relevant transfer
means a transfer in accordance with a scheme made under section 12.
- relevant Welsh service
means—
- safety functions
means all the functions of... the Health and Safety Executive and the safety functions of the Office of Rail and Road.
- scheme
means a scheme made under section 1(2) or 12;
- Scotland-only service
means a railway passenger service which starts and ends in Scotland and is not a cross-border service;
- Scottish asset
means—
- Scottish franchise agreement
means a franchise agreement the franchised services under which— a consist of or include Scotland-only services;
- Scottish protected railway company
means a protected railway company that is such a company only in respect of activities carried on by it as franchise operator in relation to a Scottish franchise agreement.”
- Scottish purposes
means any of the following—
- Scottish railway activities
means activities which are railway activities by reference only to— a railway services which begin and end in Scotland;
- Scottish service
means any service which is a Scotland-only service or a cross-border service.
- secured service
means a service which is provided by or on behalf of the Secretary of State, the Welsh Ministers or the Scottish Ministers under— (a) section 30 of the 1993 Act;
- special procedure excluded service
means an excluded service which is designated as a special procedure service for the purposes of this section by an order made by the national authority, or is of a description of services so designated;
- subsidiary
has the meaning given to it by section 1159 of the Companies Act 2006.
- the 1974 Act
means the Health and Safety at Work etc.
- the 1992 Act
means the Taxation of Chargeable Gains Act 1992 (c. 12);
- the 1993 Act
means the Railways Act 1993 (c. 43);
- the 2000 Act
means the Transport Act 2000 (c. 38);
- the 2001 Act
means the Capital Allowances Act 2001 (c. 2);
- the appropriate national authority
means— (za) in relation to a franchise agreement the franchised services under which consist of Wales-only services, the Welsh Ministers;
- the court
means—
- the initial assessment
means the assessment relating to the proposal that has been carried out under section 22(5), 23(5), 24(6), 25(4), 26(5), 27(5), 28(5), 29(5), 30(5) or 31(5).
- the PC
means the Passengers’ Council established by section 19(1).
- the relevant conditions
means— a in the case of a scheme made under section 124(1) and not subsequently varied under subsection (1)(a) of this section, the conditions set out in section 124(1)(a) and (b);
- the required consultee
means the body which the appropriate authority is required to consult by virtue of subsection (2)(a) to (b).”
- the Taxes Act
means the Income and Corporation Taxes Act 1988 (c. 1);
- tramway passenger service
means any service for the carriage of passengers by tramway.
- Wales-only service
means a railway passenger service which— (a) starts and ends in Wales and does not make any other scheduled calls outside Wales;...
- Welsh asset
means an asset (other than an asset that is part of a network) that is—
- Welsh component of a Welsh service
means a Welsh service (other than a Wales-only service) so far as it involves the carriage of passengers by railway in Wales, but not any part of the service excluded by subsection (1A);
- Welsh purposes
means any of the following—
- Welsh service
means a railway passenger service which starts in Wales, ends in Wales or otherwise makes at least one scheduled call in Wales.
- work premises
means premises which are used as a place of work (within the meaning of Part 1 of that Act).”