§ 27 — Contents of cross-border train service contract

27.—(1) A cross-border train service contract —(a)

must specify the term of the contract;

(b)

must be subject to a condition precedent that requires the train service operator under the contract to obtain a cross‑border train service licence before providing a cross‑border train service on that cross‑border railway; and

(c)

must not provide for an option to renew the contract exercisable by the train service operator.

(2) A cross‑border train service contract may make provision in relation to the provision of a cross‑border train service under the contract, and the administration of the contract, including —(a)

the fees (if any) payable under the contract;

(b)

monetary or other penalties —(i)

for a breach of the contract;

(ii)

for a failure (being not a breach of contract) to meet a requirement specified in the contract; or

(iii)

payable on the termination of the contract; and

(c)

the records (including accounts) to be made and kept, and how they are to be made and kept.

(3) Subsection (2) does not limit the matters about which a cross‑border train service contract may make provision.

(4) A cross-border train service contract that is inconsistent with subsection (1) is void to the extent of that inconsistency.

—(1) A cross-border train service contract —(a)

must specify the term of the contract;

(b)

must be subject to a condition precedent that requires the train service operator under the contract to obtain a cross‑border train service licence before providing a cross‑border train service on that cross‑border railway; and

(c)

must not provide for an option to renew the contract exercisable by the train service operator.

(2) A cross‑border train service contract may make provision in relation to the provision of a cross‑border train service under the contract, and the administration of the contract, including —(a)

the fees (if any) payable under the contract;

(b)

monetary or other penalties —(i)

for a breach of the contract;

(ii)

for a failure (being not a breach of contract) to meet a requirement specified in the contract; or

(iii)

payable on the termination of the contract; and

(c)

the records (including accounts) to be made and kept, and how they are to be made and kept.

(3) Subsection (2) does not limit the matters about which a cross‑border train service contract may make provision.

(4) A cross-border train service contract that is inconsistent with subsection (1) is void to the extent of that inconsistency.