Common use of Timetable changes proposed by Network Rail Clause in Contracts

Timetable changes proposed by Network Rail. 3.1 The Franchisee shall notify the Secretary of State promptly after being notified by Network Rail that Network Rail has decided or proposes to: (a) omit from the Plan of the Day Passenger Services that are included in the Timetable; or (b) reschedule in the Plan of the Day Passenger Services from their scheduling in the Timetable. 3.2 To the extent that any such decision or proposal may, in the reasonable opinion of the Franchisee, materially (having regard to both duration and scale) prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in the Train Plan the Franchisee shall explain in such notification the way in which, in its reasonable opinion, such omission or rescheduling may materially prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in the Train Plan. 3.3 The Franchisee agrees to supply to the Secretary of State from time to time, in the format required by the Secretary of State, such details of any actual or proposed omission or rescheduling of Passenger Services by Network Rail as the Secretary of State may reasonably require, including details of the steps which the Franchisee proposes to take pursuant to paragraph 3.4. 3.4 Where the actual or proposed omission or rescheduling of Passenger Services is one which may, in the reasonable opinion of the Secretary of State or the Franchisee, materially prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in the Train Plan, the Franchisee agrees (unless the Secretary of State specifically agrees otherwise) to exercise its rights under the Track Access Agreement (including the Network Code) to: (a) object (including submitting its objection to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX); (b) make representations; and (c) withhold consent, in respect of any actual or proposed omission or rescheduling of Passenger Services by Network Rail. 3.5 The provisions of this paragraph 3 shall apply to any actual or proposed omission or rescheduling of Passenger Services that originates from any person other than Network Rail, as those provisions apply to Network Rail.

Timetable changes proposed by Network Rail. 3.1 4.1 The Franchisee shall notify the Secretary of State promptly after being notified by Network Rail that Network Rail has decided or proposes to: (a) omit from the Plan of the Day Passenger Services that are included in the Timetable; or (b) reschedule in the Plan of the Day Passenger Services from their scheduling in the Timetable. 3.2 To , to the extent that any such decision or proposal may, in the reasonable opinion of the Franchisee, may materially (having regard to both duration and scale) prejudice the Franchisee's ’s ability to deliver the Timetable with the Passenger Carrying Capacity passenger carrying capacity stipulated in the a Train Plan which satisfies the capacity requirements of paragraphs 3.1 and 3.4. 4.2 The Franchisee shall explain in such notification the way in which, in its reasonable opinion, such omission or rescheduling may materially prejudice the Franchisee's ’s ability to deliver the Timetable with the Passenger Carrying Capacity passenger carrying capacity stipulated in a Train Plan which satisfies the Train Plancapacity requirements of paragraphs 3.1 and 3.4. 3.3 4.3 The Franchisee agrees to supply to the Secretary of State from time to time, in the format required by the Secretary of State, such details of any actual or proposed omission or rescheduling of Passenger Services by Network Rail as the Secretary of State may reasonably require, including details of the steps which the Franchisee proposes to take pursuant to paragraph 3.44.4. 3.4 4.4 Where the actual or proposed omission or rescheduling of Passenger Services is one which may, in the reasonable opinion of the Secretary of State or the Franchisee, may materially prejudice the Franchisee's ’s ability to deliver the Timetable with the Passenger Carrying Capacity passenger carrying capacity stipulated in a Train Plan which satisfies the Train Plancapacity requirements of paragraphs 3.1 and 3.4, the Franchisee agrees (unless the Secretary of State specifically agrees otherwise) to exercise its rights under the Track Access Agreement (including the Network Code) to: (a) object (including submitting its objection to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX); (b) make representations; and (c) withhold consent, in respect of any actual or proposed omission or rescheduling of Passenger Services by Network Rail. 3.5 4.5 If the Secretary of State does not consider that the Franchisee has taken sufficient steps under paragraph 4.4, the Secretary of State may require the Franchisee to exercise its rights referred to in paragraph 4.4 in such manner as the Secretary of State may consider appropriate in the circumstances, including: (a) disputing any actual or proposed act or omission by Network Rail in respect of any Timetable Development Rights; and (b) submitting such dispute to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX. 4.6 The Secretary of State shall, to the extent reasonably practicable, allow the Franchisee a reasonable opportunity to make representations to the Secretary of State concerning the exercise of any of its rights referred to in paragraph 4.4 before requiring the Franchisee to take any action referred to in paragraph 4.5. 4.7 The provisions of this paragraph 3 4 shall apply to any actual or proposed omission or rescheduling of Passenger Services that originates from any person other than Network Rail, as those provisions apply to Network Rail.

Timetable changes proposed by Network Rail. 3.1 4.1 The Franchisee shall notify the Secretary of State Authority promptly after being notified by Network Rail that Network Rail has decided or proposes to: (a) omit from the Plan of the Day Applicable Timetable Passenger Services that are included in the Timetable; or (b) reschedule in the Plan of the Day Applicable Timetable Passenger Services from their scheduling in the Timetable. 3.2 To , to the extent that any such decision or proposal may, in the reasonable opinion of the Franchisee, may materially (having regard to both duration and scale) prejudice the Franchisee's ’s ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in the a Train Plan which satisfies the requirements of paragraphs 3.1 and 3.4. 4.2 The Franchisee shall explain in such notification the way in which, in its reasonable opinion, such omission or rescheduling may materially prejudice the Franchisee's ’s ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in a Train Plan which satisfies the Train Planrequirements of paragraphs 3.1 and 3.4. 3.3 4.3 The Franchisee agrees to supply to the Secretary of State Authority from time to time, in the format required by the Secretary of State, Authority such details of any actual or proposed omission or rescheduling of Passenger Services by Network Rail as the Secretary of State Authority may reasonably require, including details of the steps which the Franchisee proposes to take pursuant to paragraph 3.44.4. 3.4 4.4 Where the actual or proposed omission or rescheduling of Passenger Services is one which may, in the reasonable opinion of the Secretary of State or the Franchisee, may materially prejudice the Franchisee's ’s ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in a Train Plan which satisfies the Train Plancapacity requirements of paragraphs 3.1 and 3.4, the Franchisee agrees (unless the Secretary of State Authority specifically agrees otherwise) to act in the passenger’s interests and to exercise its rights under the Track Access Agreement (including the Network Code) toand otherwise to object, to make representations and to withhold consent in respect of any actual or proposed omission or rescheduling of Passenger Services by Network Rail. This obligation will stand notwithstanding any agreement between the Franchisee and Network Rail. 4.5 If the Authority does not consider that the Franchisee has taken sufficient steps under paragraph 4.4, the Authority may require the Franchisee to exercise its rights referred to in paragraph 4.4 in such manner as the Authority may consider appropriate in the circumstances, including: (a) object disputing any actual or proposed act or omission by Network Rail in respect of any Timetable Development Rights; (including b) submitting its objection such dispute to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX); (bc) make representationsrequiring any terms of reference or similar to be approved by the Authority prior to submission or agreement by or on behalf of the Franchisee; and (cd) withhold consent, in respect requiring the Franchisee to obtain the Authority’s prior approval of any actual settlement or proposed omission compromise prior to offering or rescheduling of Passenger Services by Network Railaccepting the same. 3.5 4.6 The provisions Authority shall, to the extent reasonably practicable, allow the Franchisee a reasonable opportunity to make representations to the Authority concerning the exercise of this any of its rights referred to in paragraph 3 shall apply 4.4 before requiring the Franchisee to take any actual or proposed omission or rescheduling of Passenger Services that originates from any person other than Network Rail, as those provisions apply action referred to Network Railin paragraph 4.5.

Timetable changes proposed by Network Rail. 3.1 4.1 The Franchisee shall notify the Secretary of State Authority and each affected Executive promptly after being notified by Network Rail that Network Rail has decided or proposes to: (a) omit from the Plan of the Day Passenger Services that are included in the Timetable; or (b) reschedule in the Plan of the Day Passenger Services from their scheduling in the Timetable. 3.2 To , to the extent that any such decision or proposal may, in the reasonable opinion of the Franchisee, may materially (having regard to both duration and scale) prejudice the Franchisee's ’s ability to deliver the Timetable with the Passenger Carrying Capacity passenger carrying capacity stipulated in the a Train Plan which satisfies the requirements of paragraphs 3.1 and 3.4. 4.2 The Franchisee shall explain in such notification the way in which, in its reasonable opinion, such omission or rescheduling may materially prejudice the Franchisee's ’s ability to deliver the Timetable with the Passenger Carrying Capacity passenger carrying capacity stipulated in a Train Plan which satisfies the Train Planrequirements of paragraphs 3.1 and 3. 3.3 4.3 The Franchisee agrees to supply to the Secretary of State Authority and each affected Executive from time to time, in the format required by the Secretary of StateAuthority and/or such Executive, such details of any actual or proposed omission or rescheduling of Passenger Services by Network Rail as the Secretary of State Authority and/or such Executive may reasonably require, including details of the steps which the Franchisee proposes to take pursuant to paragraph 3.44.4. 3.4 4.4 Where the actual or proposed omission or rescheduling of Passenger Services is one which may, in the reasonable opinion of the Secretary of State or the Franchisee, may materially prejudice the Franchisee's ’s ability to deliver the Timetable with the Passenger Carrying Capacity passenger carrying capacity stipulated in a Train Plan which satisfies the Train Plancapacity requirements of paragraphs 3.1 and 3.4, the Franchisee agrees (unless the Secretary of State Authority specifically agrees otherwise) to exercise its rights under the Track Access Agreement (including the Network Code) toto object, to make representations and to withhold consent in respect of any actual or proposed omission or rescheduling of Passenger Services by Network Rail. 4.5 If the Authority does not consider that the Franchisee has taken sufficient steps under paragraph 4.4, the Authority may require the Franchisee to exercise its rights referred to in paragraph 4.4 in such manner as the Authority may consider appropriate in the circumstances, including: (a) object disputing any actual or proposed act or omission by Network Rail in respect of any Timetable Development Rights; and (including b) submitting its objection such dispute to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX);Regulator. (b) 4.6 The Authority shall, to the extent reasonably practicable, allow the Franchisee a reasonable opportunity to make representations; and (c) withhold consent, in respect representations to the Authority concerning the exercise of any actual or proposed omission or rescheduling of Passenger Services by Network Railits rights referred to in paragraph 4.4 before requiring the Franchisee to take any action referred to in paragraph 4.5. 3.5 4.7 The provisions of this paragraph 3 4 shall apply to any actual or proposed omission or rescheduling of Passenger Services that originates from any person other than Network Rail, as those provisions apply to Network Rail.

Timetable changes proposed by Network Rail. 3.1 The Franchisee shall notify the Secretary of State promptly after being notified by Network Rail that Network Rail has decided or proposes to: (a) omit from the Plan of the Day Passenger Services that are included in the Timetable; or (b) reschedule in the Plan of the Day Passenger Services from their scheduling in the Timetable., 3.2 To the extent that any such decision or proposal may, in the reasonable opinion of the Franchisee, materially (having regard to both duration and scale) prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in the Train Plan the Franchisee shall explain in such notification the way in which, in its reasonable opinion, such omission or rescheduling may materially prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in the Train Plan. 3.3 The Franchisee agrees to supply to the Secretary of State from time to time, in the format required by the Secretary of State, such details of any actual or proposed omission or rescheduling of Passenger Services by Network Rail as the Secretary of State may reasonably require, including details of the steps which the Franchisee proposes to take pursuant to paragraph 3.4. 3.4 Where the actual or proposed omission or rescheduling of Passenger Services is one which may, in the reasonable opinion of the Secretary of State or the Franchisee, materially prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in the Train Plan, the Franchisee agrees (unless the Secretary of State specifically agrees otherwise) to exercise its rights under the Track Access Agreement (including the Network Code) to: (a) object (including submitting its objection to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX); (b) make representations; and (c) withhold consent, in respect of any actual or proposed omission or rescheduling of Passenger Services by Network Rail. 3.5 If the Secretary of State does not consider that the Franchisee has taken sufficient steps under paragraph 3.4, the Secretary of State may require the Franchisee to exercise its rights referred to in paragraph 3.4 in such manner as the Secretary of State may consider appropriate in the circumstances. 3.6 The provisions of this paragraph 3 shall apply to any actual or proposed omission or rescheduling of Passenger Services that originates from any person other than Network Rail, as those provisions apply to Network Rail.

Timetable changes proposed by Network Rail. 3.1 The Franchisee 4.1 SRT shall notify the Secretary of State SRH promptly after being notified by Network Rail that Network Rail has decided or proposes to: (a) omit from the Plan of the Day Applicable Timetable Passenger Services that are included in the Timetable; or (b) reschedule in the Plan of the Day Applicable Timetable Passenger Services from their scheduling in the Timetable. 3.2 To , to the extent that any such decision or proposal may, in the reasonable opinion of the Franchisee, may materially (having regard to both duration and scale) prejudice the Franchisee's SRT’s ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in the a Train Plan which satisfies the Franchisee requirements of paragraphs 3.1 and 3.4. 4.2 SRT shall explain in such notification the way in which, in its reasonable opinion, such omission or rescheduling may materially prejudice the Franchisee's SRT’s ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in a Train Plan which satisfies the Train Planrequirements of paragraphs 3.1 and 3.4. 3.3 The Franchisee 4.3 SRT agrees to supply to the Secretary of State SRH from time to time, in the format required by the Secretary of State, SRH such details of any actual or proposed omission or rescheduling of Passenger Services by Network Rail as the Secretary of State SRH may reasonably require, including details of the steps which the Franchisee SRT proposes to take pursuant to paragraph 3.44.4. 3.4 4.4 Where the actual or proposed omission or rescheduling of Passenger Services is one which may, in the reasonable opinion of the Secretary of State or the Franchisee, may materially prejudice the Franchisee's SRT’s ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in a Train Plan which satisfies the Train Plancapacity requirements of paragraphs 3.1 and 3.4, the Franchisee SRT agrees (unless the Secretary of State SRH specifically agrees otherwise) to act in the passenger’s interests and to exercise its rights under the Track Access Agreement (including the Network Code) toand otherwise to object, to make representations and to withhold consent in respect of any actual or proposed omission or rescheduling of Passenger Services by Network Rail. This obligation will stand notwithstanding any agreement between SRT and Network Rail. 4.5 If SRH does not consider that SRT has taken sufficient steps under paragraph 4.4, SRH may require SRT to exercise its rights referred to in paragraph 4.4 in such manner as SRH may consider appropriate in the circumstances, including: (a) object disputing any actual or proposed act or omission by Network Rail in respect of any Timetable Development Rights; (including b) submitting its objection such dispute to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX); (bc) make representationsrequiring any terms of reference or similar to be approved by SRH prior to submission or agreement by or on behalf of SRT; and (cd) withhold consent, in respect requiring SRT to obtain SRH’s prior approval of any actual settlement or proposed omission compromise prior to offering or rescheduling of Passenger Services by Network Railaccepting the same. 3.5 The provisions 4.6 SRH shall, to the extent reasonably practicable, allow SRT a reasonable opportunity to make representations to SRH concerning the exercise of this any of its rights referred to in paragraph 3 shall apply 4.4 before requiring SRT to take any actual or proposed omission or rescheduling of Passenger Services that originates from any person other than Network Rail, as those provisions apply action referred to Network Railin paragraph 4.5.

Timetable changes proposed by Network Rail. 3.1 4.1 The Franchisee shall notify the Secretary of State promptly after being notified by Network Rail that Network Rail has decided or proposes to: (a) omit from the Plan of the Day Passenger Services that are included in the Timetable; or (b) reschedule in the Plan of the Day Passenger Services from their scheduling in the Timetable., 3.2 4.2 To the extent that any such decision or proposal may, in the reasonable opinion of the Franchisee, materially (having regard to both duration and scale) prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity passenger carrying capacity stipulated in the a Train Plan which satisfies the capacity requirements of paragraphs 3.1 and 3.4, the Franchisee shall explain in such notification the way in which, in its reasonable opinion, such omission or rescheduling may materially prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity passenger carrying capacity stipulated in a Train Plan which satisfies the Train Plancapacity requirements of paragraphs 3.1 and 3.4. 3.3 4.3 The Franchisee agrees to supply to the Secretary of State from time to time, in the format required by the Secretary of State, such details of any actual or proposed omission or rescheduling of Passenger Services by Network Rail as the Secretary of State may reasonably require, including details of the steps which the Franchisee proposes to take pursuant to paragraph 3.44.4. 3.4 4.4 Where the actual or proposed omission or rescheduling of Passenger Services is one which may, in the reasonable opinion of the Secretary of State or the Franchisee, materially prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity passenger carrying capacity stipulated in a Train Plan which satisfies the Train Plancapacity requirements of paragraphs 3.1 and 3.4, the Franchisee agrees (unless the Secretary of State specifically agrees otherwise) to exercise its rights under the Track Access Agreement (including the Network Code) to: (a) object (including submitting its objection to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX); (b) make representations; and (c) withhold consent, in respect of any actual or proposed omission or rescheduling of Passenger Services by Network Rail. 3.5 4.5 If the Secretary of State does not consider that the Franchisee has taken sufficient steps under paragraph 4.4, the Secretary of State may require the Franchisee to exercise its rights referred to in paragraph 4.4 in such manner as the Secretary of State may consider appropriate in the circumstances, including: (a) disputing any actual or proposed act or omission by Network Rail in respect of any Timetable Development Rights; and (b) submitting such dispute to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX. 4.6 The Secretary of State shall, to the extent reasonably practicable, allow the Franchisee a reasonable opportunity to make representations to the Secretary of State concerning the exercise of any of its rights referred to in paragraph 4.4 before requiring the Franchisee to take any action referred to in paragraph 4.5. 4.7 The provisions of this paragraph 3 4 shall apply to any actual or proposed omission or rescheduling of Passenger Services that originates from any person other than Network Rail, as those provisions apply to Network Rail.

Timetable changes proposed by Network Rail. 3.1 4.1 The Franchisee shall notify the Secretary of State promptly after being notified by Network Rail that Network Rail has decided or proposes to: (a) omit from the Plan of the Day Passenger Services that are included in the Timetable; or (b) reschedule in the Plan of the Day Passenger Services from their scheduling in the Timetable., 3.2 4.2 To the extent that any such decision or proposal may, may in the reasonable opinion of the Franchisee, Franchisee materially (having regard to both duration and scale) prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in the a Train Plan which satisfies the capacity requirements of paragraphs 3.1 and 3.3, the Franchisee shall explain in such notification the way in which, in its reasonable opinion, such omission or rescheduling may materially prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in a Train Plan which satisfies the Train Plancapacity requirements of paragraphs 3.1 and 3.3. 3.3 4.3 The Franchisee agrees to supply to the Secretary of State from time to time, in the format required by the Secretary of State, such details of any actual or proposed omission or rescheduling of Passenger Services by Network Rail as the Secretary of State may reasonably require, including details of the steps which the Franchisee proposes to take pursuant to paragraph 3.44.4. 3.4 4.4 Where the actual or proposed omission or rescheduling of Passenger Services is one which may, may in the reasonable opinion of the Secretary of State or the Franchisee, Franchisee materially prejudice the Franchisee's ability to deliver the Timetable with the Passenger Carrying Capacity stipulated in a Train Plan which satisfies the Train Plancapacity requirements of paragraphs 3.1 and 3.3, the Franchisee agrees (unless the Secretary of State specifically agrees otherwise) to exercise its rights under the relevant Track Access Agreement (including the Network Code) to: (a) object (including submitting its objection to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX); (b) make representations; and (c) withhold consent, in respect of any actual or proposed omission or rescheduling of Passenger Services by Network Rail. 3.5 4.5 If the Secretary of State does not consider that the Franchisee has taken sufficient steps under paragraph 4.4, the Secretary of State may require the Franchisee to exercise its rights referred to in paragraph 4.4 in such manner as the Secretary of State may consider appropriate in the circumstances, including: (a) disputing any actual or proposed act or omission by Network Rail in respect of any Timetable Development Rights; and (b) submitting such dispute to any relevant dispute resolution arrangements or procedures and appealing against any award or determination under such arrangements or procedures, including to the XXX. 4.6 The Secretary of State shall, to the extent reasonably practicable, allow the Franchisee a reasonable opportunity to make representations to the Secretary of State concerning the exercise of any of its rights referred to in paragraph 4.4 before requiring the Franchisee to take any action referred to in paragraph 4.5. 4.7 The provisions of this paragraph 3 4 shall apply to any actual or proposed omission or rescheduling of Passenger Services that originates from any person other than Network Rail, as those provisions apply to the Network Rail.