Railways Act 1993 (Determination of Turnover) Order 2005

I would like to stick to the interpretation in the draft statutory instrument. If we get into too much discussion about who is fined for what, matters could get quite exciting. The noble Earl, Lord Mar and Kellie, mentioned who should be fined by Scottish Ministers. As I understand it, it applies not only to passenger and freight train operators but to Network Rail. Presumably the turnover is Scotland only, and that is why the regulator came out with this figure for Scotland only a few months ago. That will be the turnover that is calculated as a percentage. I would be grateful if my noble friend could confirm that. In Article 2(2), I am interested to see what is included in railway business activities. Turnover clearly includes costs, expenditure and revenue, as it says here. It also says:"““(e) car parking facilities at stations””." That is probably all right. Then it says:"““(f) the sale of land forming part of a station; and""(g) leases and licences granted in respect of land forming part of a station””." Network Rail and the British Rail Property Board, which is still in existence, spend their life trying to sell land that is not at stations, which others might want for freight terminals, for building houses on or whatever. Why does the issue of land referred to in sub-paragraphs (f) and (g) relate only to land at stations? Why does it not relate to land anywhere? Network Rail owns land anywhere. It is trying to sell off about 16 acres in Northampton, which some of us want to see turned into a rail freight terminal. I do not know why Network Rail does not do that. I would have thought that that was part of its turnover. The other big omission from this list is the leasing costs of rolling stock for the passenger train operators. That is a major part of their turnover. They are awarded a franchise, and one of the major expenditures in that is hiring the rolling stock from the three rolling stock leasing companies. I would have thought that that should be included if it is part of the turnover of a passenger train franchise operator. Apart from that, the order appears to be a little abstruse, but it is a very important part of settling the industry down so that it knows where it stands and how much it is up for if something goes wrong. I certainly welcome it. I shall be glad to hear my noble friend’s explanations.