UException. This notice does not have to be given, following the receipt of a Supplemental Accession Agreement or a Cessation Agreement, to the Operator which signed that agreement. Nor does it have to be given, following receipt of a notification made under Clause 3-2(3) above, to the Operator which made the notification.
UException. The information referred to in sub-Clause (1) above may be disclosed by the RSP, an
(a) to the extent contemplated by this Agreement;
(b) where the disclosure is required by any applicable law, any stock exchange or other regulatory body to whose rules the person making the disclosure is subject or any taxation authority;
(c) to the Authority or its employees, delegates, agents or professional advisers;
(d) to the RSP or any person(s) to whom any of its powers, discretions or obligations under this Agreement have been delegated;
(e) to any professional advisers of the RSP or of such delegate(s) who are obliged to keep the information confidential on the same basis as described in this Clause 3-4;
(f) (in the case of a disclosure by the RSP) to the extent necessary for the performance by the RSP of its rights or obligations under this Agreement;
(g) (in the case of a disclosure by the RSP) for the purpose of enabling the RSP to institute, carry on or defend any legal proceedings;
(h) to the extent that such information is in the public domain at the time of the disclosure otherwise than as a result of a breach of this Agreement;
(i) (in the case of information about the proposed Prices of Fares) to any Operator in the course of a Fares Setting Round;
(j) to a Passenger Transport Executive or its professional advisers;
(k) to Railtrack plc, to the extent that it needs the information to enable it to compile any statistics about passenger safety that it is required to prepare;
(l) to Transport for London to the extent that it needs the information for the purposes of the London Rail Concession;
(m) to Transport for London to the extent contemplated by an Operator’s Franchise Agreement, and
(n) to any bank who provides banking services to the RSP or any bank who is being asked to provide banking services to the RSP in the future and whose employees or delegates are also obliged to keep the information confidential on the same basis as described in this Clause 3-4.
UException. Sub-Clause (1) above does not apply if:-
(a) the failure of the Authority to follow the procedure set out in this Agreement has prejudiced or is likely to prejudice an Operator in a material respect; and
(b) that Operator notifies the Authority accordingly within three months of the taking of the relevant decision or the exercise of the relevant discretion. In this event the decision or exercise of discretion will not be binding on any of the
UException. Sub-Clauses (1) and (2) above are subject to any other provision in this Agreement which provides expressly for VAT in relation to anything done under this Agreement. 3-21 COMPLIANCE WITH VAT PROCEDURES
(1) UCompliance Each Operator and the RSP must:-
(a) account for any VAT that becomes due under this Agreement as a result of the Acceptance for Clearing of any Rail Products or Non-Rail Products; and
(b) comply with the obligations imposed on it under the VAT Act in respect of these amounts, in each case in accordance with any VAT compliance procedures agreed with H.M. Customs & Excise on behalf of the RSP.
(2) UProcedures Once agreed, these procedures will be distributed to the Operators by the RSP. However, they may be changed, with the agreement of H.M. Customs & Excise, by a resolution of the Ticketing and Settlement Scheme Council. Notification of any such changes will be distributed to the Operators by the RSP.
