Territorial Application: Wales (See Also Annex a)
263.The general effect of the Act on the NAW is to extend its rail powers. The Act gives the Assembly a new role in making decisions about franchises that serve Wales.
264.In certain cases this takes the form of a joint role with the Secretary of State, where the franchises provide services that operate wholly within Wales or include such services ("Wales-only services"). At present this involves one franchise, Wales and Borders, operated by Arriva Trains Wales. The NAW will be a joint party to the franchise agreement and will be given the power to provide financial assistance to the franchisee. In other cases it gives the NAW the right to be consulted about proposals for franchises that provide services that call in Wales, but to which the NAW will not be a joint party (for example, the replacement Greater Western franchise may fall within this category).
265.The NAW's powers to give financial assistance extend to the ability to provide funding to any railway operator (including operators of passenger services, freight services and Network Rail) for the purposes of improving the provision of services and facilities for Wales.
266.The Act extends the powers of the NAW to provide assistance to freight operators under schemes to support the development of freight services and facilities in Wales. Previously, the NAW could provide such support in accordance with a scheme specified by the Strategic Rail Authority. Under the Act, the NAW is able to make its own schemes, or provide support in accordance with a scheme specified by the Secretary of State (or both).
267.As it is now a statutory funder of railway services, the Act gives NAW a new power to propose that services be closed in accordance with the closure procedures set out in the Act.
268.To support its new responsibilities, the NAW has the right to be consulted by the Secretary of State about the guidance he gives to the Office of Rail Regulation about the exercise of its role as the independent economic regulator for the GB railway network. It also has a new power to appoint a member of the rail passenger consumer body, the Rail Passengers' Council.