THE SECRETARY OF STATE Clause Samples

THE SECRETARY OF STATE and the Franchisee may agree to increase or reduce the amount covered or required to be covered under a Season Ticket Bond from time to time, and the Secretary of State may direct the Franchisee to amend the amount covered or required to be covered under a Season Ticket Bond when, in the Secretary of State’s sole discretion, the STBA calculated pursuant to paragraph 5.3 above may not accurately represent the value of the Season Ticket suspense liabilities held by the Franchisee." A new paragraph 7 shall be inserted as follows: "7 Survival This Schedule 12 and any other provisions of the Franchise Agreement reasonably required for the purpose of giving this Schedule 12 full effect shall survive the termination or expiry of the REFERENCE (CLAUSE/PARAGRAPH/SCHEDULE) AMENDMENT Franchise Term (however arising) and continue in full force and effect in accordance with its terms." Schedule 13: Rail Industry Initiatives and Innovation Obligations 13.1 Rail Industry Initiatives A new paragraph 9A3 shall be inserted as follows: "9A3

THE SECRETARY OF STATE. FOR TRADE AND INDUSTRY of ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ (the “Secretary of State”);

THE SECRETARY OF STATE. If you think that the trustees have failed to consider your complaint properly and reasonably, you can raise the matter with the Secretary of State. However, it is important to understand that this is not a general right of appeal for any parent who disagrees with the trustees’ decision. If the trustees have followed their published procedures and considered the complaint reasonably, neither the Headteacher nor the Secretary of State can reverse their decision. In your letter please explain: ⮚ what your complaint to the trustees was; ⮚ what response they have made to it; ⮚ why you think that the trustees have not followed a proper procedure in considering your complaint; and/or ⮚ why you think that their consideration of it was unreasonable. The Secretary of State Department for Education and Skills Sanctuary Buildings Great ▇▇▇▇▇ Street London SW1P 3BT NOTE: This does not apply where the complaint may lead to disciplinary proceedings against a teacher or child protection procedures. These matters have separate procedures.

THE SECRETARY OF STATE must issue a code of practice specifying what a landlord or agent should or should not do to ensure that, while avoiding liability to pay a penalty under this Chapter, the landlord or agent also avoids contravening— (a) the Equality Act 2010, so far as relating to race, or (b) the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)).

THE SECRETARY OF STATE. The Secretary of State will provide advice on the context and focus of the Institute’s activities, and on departmental policy, through strategic guidance11 - statutory notices to which the Institute must have regard. Although the Secretary of State will not be able to intervene in decisions made by the Institute, he or she can issue written directions to the Institute in the following circumstances: • if he/she is satisfied that the Institute has failed to discharge one of its duties or if he/she is satisfied that the Institute has acted, or is proposing to act, unreasonably in exercising any function;12

THE SECRETARY OF STATE. FOR HEALTH, (the “Authority”), of ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇; and

THE SECRETARY OF STATE. ‌ The Secretary of State will provide advice on the context and focus of the Institute’s activities, and on departmental policy, through strategic guidance6, to which the Institute must have regard. Although the Secretary of State will not be able to intervene in decisions made by the Institute, he or she can issue written directions to the Institute in the following circumstances: • if he/she is satisfied that the Institute has failed to discharge one of its duties or if he/she is satisfied that the Institute has acted, or is proposing to act, unreasonably in exercising any function.7 • On commencement of the relevant provisions of the Technical and Further Education Act 2017 a direction can be made in connection with the exercise of any function relating to the Institute’s technical education powers without the requirement to be satisfied of the matters set out above.8 The Institute has a statutory obligation to comply with any such direction.9

THE SECRETARY OF STATE sets out his priorities in the Department of Health Corporate Plan which includes priorities and milestones for CQC. The CQC Board sets the CQC strategic objectives and the Healthwatch England Committee sets its strategic objectives in the context of the system objectives set by the Secretary of State. CQC and Healthwatch England are autonomous in this regard.

THE SECRETARY OF STATE and the Franchisee may agree to increase or reduce the amount covered or required to be covered under a Season Ticket Bond from time to time, and the Secretary of State may direct the Franchisee to amend the amount covered or required to be covered under a Season Ticket Bond when, in the Secretary of State’s sole discretion, the STBA calculated pursuant to paragraph 5.3 above may not accurately represent the value of the Season Ticket suspense liabilities held by the Franchisee." A new paragraph 7 shall be inserted as follows: "7 Survival This Schedule 12 and any other provisions of the Franchise Agreement reasonably required for the purpose of giving this Schedule 12 full effect shall survive the termination or expiry of the Franchise Term (however arising) and continue in full force and effect in accordance with its terms." Schedule 13: Information and Industry Initiatives Information and Industry Initiatives Schedule 13 shall be replaced with the new Schedule 13 attached at Appendix 6 (Schedule 13 (Information and Industry Initiatives)) to this Schedule 1. Schedule 14: Preservation of Assets 14.1 Maintenance of Franchise N/A 14.2 – Maintenance of Operating Assets N/A 14.3 – Key Contracts N/A 14.4 – Designation of Franchise Assets N/A 14.5 – Dealing with Franchise Assets N/A Schedule 15: Obligations Associated with Termination 15.1 Reletting Provisions N/A (a) shall be amended as follows: " (a) During the term of the ▇▇▇▇ or the last 13 months of the Franchise Period (whichever is the longer), the Franchisee shall not, without the prior written consent of the Secretary of State (not to be unreasonably withheld), set the Price or Child Price of or sell (except to the extent required to do so under the terms of the Ticketing and Settlement Agreement as a result of the Price or Child Price of a Fare being set by another person) any Fare which would entitle the purchaser of such Fare to travel on all or any of the Passenger Services after the term of the ▇▇▇▇ or the Franchise Period (as applicable) for an (i) presenting a Discount Card (or any equivalent replacement thereof) issued by the Franchisee before the ▇▇▇▇ Start Date or commencement of such 13 month period and to which the purchaser would have been entitled before the commencement of such period;" Paragraphs 3.2(a) and (b) shall be amended by inserting the words "during the term of the ▇▇▇▇ or," before the words "in the last 13 Reporting Periods" and adding the words “(whichever is the longer)” afte...