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Change 1
As published
54 Exercise of functions for purpose of encouraging investment in the railways.
(1) The Secretary of State , the Welsh Ministers or the Scottish Ministers—
(a) in exercising or deciding whether or not to exercise any of his or their franchising functions, may take into account the desirability of encouraging railway investment; and
(b) may exercise any such functions for the purpose of encouraging railway investment or for purposes which include that purpose.
(2) The Secretary of State , the Welsh Ministers and the Scottish Ministers shall each have power to enter into agreements under which an undertaking is given by him or them—
(a) to exercise his or their franchising functions;
(b) to refrain from exercising them; or
(c) to exercise them in a particular manner.
(3) In this section—
“franchising functions”, in relation to the Secretary of State , the Welsh Ministers or the Scottish Ministers, means—
any of the functions of the Secretary of State or of the Welsh Ministers or of the Scottish Ministers under sections 17 to 19, 23, 24, 26 to 31 . . . above;
any power conferred on the Secretary of State , the Welsh Ministers or the Scottish Ministers under or by virtue of section 1(2) of the Railways Act 2005; and
any other functions of the Secretary of State , the Welsh Ministers or the Scottish Ministers which relate to the provision of railway passenger services, or the operation of additional railway assets, under or by virtue of franchise agreements;
“franchising functions”, in relation to a Passenger Transport Authority or Passenger Transport Executive, means any functions conferred or imposed on the Authority or, as the case may be, the Executive under or by virtue of section 34 above;
“railway investment” means investment in assets for use in the provision of railway services.
Your change, as a redline
54 Exercise of functions for purpose of encouraging investment in the railways.
(1) The Secretary of State , the Welsh Ministers or the Scottish Ministers—
(a) in exercising or deciding whether or not to exercise any of his or their franchising functions, may take into account the desirability of encouraging railway investment; and
(b) may exercise any such functions for the purpose of encouraging railway investment or for purposes which include that purpose.
(2) The Secretary of State , the Welsh Ministers and the Scottish Ministers shall each have power to enter into agreements under which an undertaking is given by him or them—
(a) to exercise his or their franchising functions;
(b) to refrain from exercising them; or
(c) to exercise them in a particular manner.
(3) In this section—
“franchising functions”, in relation to the Secretary of State , the Welsh Ministers or the Scottish Ministers, means—
any of the functions of the Secretary of State or of the Welsh Ministers or of the Scottish Ministers under sections 17 to 19, 23, 24, 26 to 31 . . . above;
any power conferred on the Secretary of State , the Welsh Ministers or the Scottish Ministers under or by virtue of section 1(2) of the Railways Act 2005; and
any other functions of the Secretary of State , the Welsh Ministers or the Scottish Ministers which relate to the provision of railway passenger services, or the operation of additional railway assets, under or by virtue of franchise agreements;
“franchising functions”, in relation to a Passenger Transport Authority or Passenger Transport Executive, means any functions conferred or imposed on the Authority or, as the case may be, the Executive under or by virtue of section 34 above;
“railway investment” means investment in assets for use in the provision of railway services.
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