Clause 5

by deleting the words “the safety” in paragraph (b) and substituting the words “the security and safety”;

by deleting the words “as the chairman or as a director of the licensee” in paragraph (d) and substituting the words “as the licensee’s chief executive officer, the chairman of the licensee’s board of directors or any of its directors”; and

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsections:“(2) Without prejudice to the generality of subsection (1), conditions included in a licence to operate a rapid transit system —

may require the licensee to enter into any agreement with any person for such purposes as may be specified in the conditions of the licence, such as but not limited to any matter which is dealt with (whether in the same or different manner) by an access contract;

may include provision for determining the terms on which such agreements are to be entered into, which may be such conditions as may be agreed to by the licensee and such other persons or, in default of agreement, as may be determined by the Authority;

may include conditions which must be complied with before the licence can be transferred or assigned;

may require the licensee —

to comply with any requirements from time to time imposed by the Authority (or a person nominated by the Authority for this purpose) with respect to such matters concerning the operation or maintenance of the rapid transit system as are specified in the licence or are of a description so specified;

except in so far as the Authority (or a person nominated by the Authority 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;

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

to furnish to the Authority (or a person nominated by the Authority for this purpose) such documents or other information as the Authority may require for the purpose of exercising of any functions conferred or imposed on the Authority or person under or by virtue of the licence or this Act;

may contain provision for the conditions to cease to have effect or be modified at such times, in such manner and in such circumstances as may be specified in or determined by or under the conditions; and any provision included by virtue of this paragraph in a licence shall have effect in addition to section 16 with respect to the modification of the conditions of a licence;

may require the licensee —

to operate or maintain any extension of the rapid transit system or part thereof; or

to maintain any premises, structure or facility used or for the purposes of, or otherwise reasonably necessary or incidental to, operating the rapid transit system so as to integrate the rapid transit system with transport services and facilities and developments surrounding the rapid transit system and enhance railway passenger services, including but not limited to any approaches, forecourt, cycle store or car park connected with or adjoining a station, any passenger overhead bridges and lifts within the vicinity of a station;

may require 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;

may require the licensee to prepare itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any public emergency; and

may require the licensee to provide travel information systems and directional signs for the purpose of ensuring integration of the rapid transit system with transport services and facilities and developments surrounding the rapid transit systems operated by the licensee so as to enhance railway passenger services.(3) In subsection (2) —“access contract” means —

a contract under which a person, and so far as may be appropriate, an associate of that person, obtains permission from a facility owner to use the facility owner’s railway facility; or

a contract conferring an option to require a facility owner to secure that a person, and so far as may be appropriate, an associate of that person, obtains permission from the facility owner to use the facility owner’s railway facility;“associate”, in relation to any person, includes —

any employee, agent or independent contractor of the person;

any passenger of the person;

any person engaged in the provision of goods or services to or for the person; or

any other person who deals or has business with the person;“facility owner” means any person (other than the Authority or the Government) —

who has an estate or interest in, or right over, any track, station or depot of a rapid transit system; and

whose permission to use that track, station or depot is needed by another before that other may use it;“railway facility” means a track, station or depot of a rapid transit system.”.