ScotRail Franchise Agreement and Amendments

This schedule sets out stipulations and procedures affecting matters concerning the timetable, ensuring the best use of the network by way of a timetable, including train plans for railway services and the composition and characteristics of the train fleet.

This also encompasses related matters such as timetable development rights, bids for train slots, and obligations to other train operators, together with committed service obligations and additional service specifications relating to the Service Level Commitments.  

Assets in terms of stations, depots and rolling stock are covered in this schedule. This includes clauses on leases, subleases, subcontracts and their assignation and amendment. It also covers obligations with regards to transport and travel schemes related to integrated transport, concessions, multi-modal fares, discounted fares and inter-operator schemes.

Schedule 2 sets out the obligations associated with entering into these contracts or participating in these schemes. Additionally, insurance arrangements for rolling stock and rolling stock testing and commissioning is detailed, as is restrictions on closures of services and facilities and restrictions on de-staffing stations. 

Schedule 4 determines the undertakings to be carried out as part of the franchise facilities surveys and how they should be conducted, together with the procedure for recording the results of the surveys. It also details how a programme of maintenance and refurbishment of stations should be identified, procured, reviewed and published.

The other part of the schedule deals with the Disability Discrimination Act (DDA) and specific arrangements in respect of alterations to stations and obligations directed at meeting the needs of persons with disabilities, together with requirements when dealing with DDA claims.

The creation, regulation, restrictions, documentation and changes of fares is the purpose of this schedule. This applies to both commuter and protected fares and refers to the Franchisee's obligation to create fares and to allocate fares to fares baskets.

It also sets out the limits applicable to price increases and the consequences of the Franchisee exceeding the regulated value or price of any fare, as well as monitoring provisions. 

The methods of calculation for cancellations, capacity and service delivery benchmarks that are to be reported at the end of each reporting period are detailed in this schedule. In addition to the benchmark formula and information documentation and provision, this schedule notes the consequences of poor performance.

It also lays out the terms of the Train Running Incentive Regime, including formulas for calculating the total incentive payment, punctuality incentive payment, timetable change incentive payment and short formation incentive payment.

Schedule 7 also describes the role of SQUIRE and the Service Managements Arrangements, the Authority and role of Service Quality Inspections, the calculation of performance points and proposals to rectify poor performance.

A Remedial Plan Notice must be in place to ensure that in the event of the Franchisee contravening any term of the Agreement, that the Authority may serve a notice requiring steps deemed appropriate for the purpose of facilitating compliance.

Schedule 10 sets out the contents of Remedial Plan Notices, Remedial Plans, and Remedial Agreements. The schedule also covers procedures and obligations relating to the serving of a termination notice should an un-remedied event of default or termination event occur.

This schedule stipulates that the Franchisee shall maintain and manage the business of providing the services so that the Franchisee is able to perform its obligations under the Agreement, or that a successful operator would be able to take over the business of providing the services immediately at any time.

Included in schedule 14 is the maintenance of operating assets, obligations under each of the brand licences, direct agreements that the Franchisee can enter into, any prospective key contracts and designations of franchise assets. 

Confidentiality of all documents, materials and other information, whether technical or commercial, and the disclosure and/or publication of confidential information is further elaborated on in Schedule 17.

Information on publications by the Authority, the SPTE, provision of information to the regulator and disclosure by Comptroller and Auditor General is also set out in Schedule 17.