§ 34 — Conditions of licences

34.—(1) In granting a licence to any person, the LTA may impose such conditions as the LTA considers requisite or expedient having regard to the purposes of this Act, and the relevant bilateral railway agreement relating to the licence.(2) In particular, in granting a railway assets operating licence to a railway assets operator for a cross‑border railway specified in the licence, the LTA may impose conditions —(a)

about the safety and security of persons using or engaged in work in managing the railway assets of and providing open network services on the cross‑border railway;

(b)

relating to the conduct of the employees, agents and subcontractors of the licensee;

(c)

requiring the licensee itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency;

(d)

restricting the carrying on by the licensee of any trade or business not related to the activity which the licensee is authorised by its licence to carry on;

(e)

requiring the licensee to undergo (at its own cost) such audit as the LTA may require to ascertain the licensee’s compliance with —(i)

the requirements of or under this Act applicable to the licensee;

(ii)

the conditions of the licence granted to that licensee; or

(iii)

a direction given under section 37;

(f)

requiring the licensee —(i)

to comply with any requirement from time to time imposed by the LTA (or a person nominated by the LTA for this purpose) with respect to such matters concerning the management of the railway assets and provision of open network services as are specified in the licence or are of a description so specified;

(ii)

except insofar as the LTA (or a person nominated by the LTA for this purpose) consents to the licensee doing or not doing them, to do, or not to do, such things as are specified in the licence or are of a description so specified; or

(iii)

to refer for determination by a person nominated by the LTA for this purpose such questions arising under the licence as are specified in the licence or are of a description so specified; and

(g)

requiring the licensee to acquire from such person as may be specified in the licence, and to use, such property or rights as may be so specified, or to undertake such liabilities as may be so specified.

(3) In particular, in granting a cross‑border train service licence to a train service operator for a cross‑border railway specified in the licence, the LTA may impose conditions —(a)

about the safety and security of persons using or engaged in work in providing passenger train services on the cross‑border railway;

(b)

relating to the safety and security of passengers of trains in the provision of the cross‑border train service, and other persons using or engaged in work on those trains;

(c)

relating to the conduct of the employees, agents and subcontractors of the licensee;

(d)

requiring the licensee itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency;

(e)

requiring the licensee to undergo (at its own cost) such audit as the LTA may require to ascertain the licensee’s compliance with —(i)

the requirements of or under this Act applicable to the licensee;

(ii)

the conditions of the licence granted to that licensee; or

(iii)

a direction given under section 37;

(f)

requiring the licensee —(i)

to comply with any requirement from time to time imposed by the LTA (or a person nominated by the LTA for this purpose) with respect to such matters concerning the provision of train services as are specified in the licence or are of a description so specified;

(ii)

except insofar as the LTA (or a person nominated by the LTA for this purpose) consents to the licensee doing or not doing them, to do, or not to do, such things as are specified in the licence or are of a description so specified; or

(iii)

to refer for determination by a person nominated by the LTA for this purpose such questions arising under the licence as are specified in the licence or are of a description so specified; and

(g)

requiring the licensee to acquire from such person as may be specified in the licence, and to use, such property or rights as may be so specified, or to undertake such liabilities as may be so specified.

(4) An audit mentioned in subsection (2)(e) or (3)(e) must be carried out by authorised officers or other officers of the LTA or such qualified individuals approved by the LTA for that purpose.

—(1) In granting a licence to any person, the LTA may impose such conditions as the LTA considers requisite or expedient having regard to the purposes of this Act, and the relevant bilateral railway agreement relating to the licence.

(2) In particular, in granting a railway assets operating licence to a railway assets operator for a cross‑border railway specified in the licence, the LTA may impose conditions —(a)

about the safety and security of persons using or engaged in work in managing the railway assets of and providing open network services on the cross‑border railway;

(b)

relating to the conduct of the employees, agents and subcontractors of the licensee;

(c)

requiring the licensee itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency;

(d)

restricting the carrying on by the licensee of any trade or business not related to the activity which the licensee is authorised by its licence to carry on;

(e)

requiring the licensee to undergo (at its own cost) such audit as the LTA may require to ascertain the licensee’s compliance with —(i)

the requirements of or under this Act applicable to the licensee;

(ii)

the conditions of the licence granted to that licensee; or

(iii)

a direction given under section 37;

(f)

requiring the licensee —(i)

to comply with any requirement from time to time imposed by the LTA (or a person nominated by the LTA for this purpose) with respect to such matters concerning the management of the railway assets and provision of open network services as are specified in the licence or are of a description so specified;

(ii)

except insofar as the LTA (or a person nominated by the LTA for this purpose) consents to the licensee doing or not doing them, to do, or not to do, such things as are specified in the licence or are of a description so specified; or

(iii)

to refer for determination by a person nominated by the LTA for this purpose such questions arising under the licence as are specified in the licence or are of a description so specified; and

(g)

requiring the licensee to acquire from such person as may be specified in the licence, and to use, such property or rights as may be so specified, or to undertake such liabilities as may be so specified.

(3) In particular, in granting a cross‑border train service licence to a train service operator for a cross‑border railway specified in the licence, the LTA may impose conditions —(a)

about the safety and security of persons using or engaged in work in providing passenger train services on the cross‑border railway;

(b)

relating to the safety and security of passengers of trains in the provision of the cross‑border train service, and other persons using or engaged in work on those trains;

(c)

relating to the conduct of the employees, agents and subcontractors of the licensee;

(d)

requiring the licensee itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency;

(e)

requiring the licensee to undergo (at its own cost) such audit as the LTA may require to ascertain the licensee’s compliance with —(i)

the requirements of or under this Act applicable to the licensee;

(ii)

the conditions of the licence granted to that licensee; or

(iii)

a direction given under section 37;

(f)

requiring the licensee —(i)

to comply with any requirement from time to time imposed by the LTA (or a person nominated by the LTA for this purpose) with respect to such matters concerning the provision of train services as are specified in the licence or are of a description so specified;

(ii)

except insofar as the LTA (or a person nominated by the LTA for this purpose) consents to the licensee doing or not doing them, to do, or not to do, such things as are specified in the licence or are of a description so specified; or

(iii)

to refer for determination by a person nominated by the LTA for this purpose such questions arising under the licence as are specified in the licence or are of a description so specified; and

(g)

requiring the licensee to acquire from such person as may be specified in the licence, and to use, such property or rights as may be so specified, or to undertake such liabilities as may be so specified.

(4) An audit mentioned in subsection (2)(e) or (3)(e) must be carried out by authorised officers or other officers of the LTA or such qualified individuals approved by the LTA for that purpose.