Clause 36

Part of Crossrail Bill – in a Public Bill Committee at 11:15 am on 27 November 2007.

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Photo of Tom Harris Tom Harris Parliamentary Under-Secretary (Department for Transport) 11:15, 27 November 2007

Clause 36 is needed because the railway clauses in the Bill work by making use of the regulatory system for the national rail network. However, the London underground and Heathrow spur networks, which are affected by the Crossrail proposals, are exempt from that regulatory system. The clause therefore enables parts of those exemptions to be amended or revoked where necessary to facilitate Crossrail services.

The Railways (London Regional Transport) (Exemptions) Order 1994, which is relevant to the Transport for London infrastructure, provided an exemption from the outset of rail privatisation, and hence modern rail regulation. Similarly, the Railways (Heathrow Express) (Exemptions) Order 1994 provided an exemption for the Heathrow spur. The clause enables parts of those orders to be amended or revoked, which would remove the exemption from rail regulation as regards capacity allocation and franchising, for purpose of facilitating Crossrail services.

Clearly both BAA, as the owner of the Heathrow network, and Transport for London, in its role in relation to the London underground, are important players in the Crossrail project. There is no need for the hon. Gentleman’s amendment, as those parties are already involved specifically and individually in determining how best to manage complex interactions between Crossrail, the Heathrow spur and London Underground networks. Given that changes to exemptions would require a statutory instrument subject to annulment in the House, it is inconceivable that the affected parties would not be consulted before such a measure was made. I therefore hope that the hon. Gentleman will withdraw his amendment.