Our Ref:         FOI-0239-1718

Thank you for your request received on 5 May 2017 asking for a copy of the contract between TfL and Tram Operating Limited (TOL) for the operation of the Tramlink. Please accept my apologies for the significant delay in our response.

Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and TfL’s information access policy. I can confirm we hold the information you require.

Our thoughts remain with everyone affected by the tragic derailment which occurred on 9 November, and we will continue to work to ensure that we offer those affected any support they need.

Following the derailment we carried out a thorough safety assessment and took the advice of an independent panel of tram experts as part of a rigorous safety assurance process before resuming services.

We will continue to assist the Rail Accident Investigation Branch, the British Transport Police and the Office for Rail and Road with their ongoing investigations into this tragic incident.

Further information is available on our website: https://tfl.gov.uk/modes/trams/croydon-tram-derailment. 

This page will be updated regularly.

Following the crash, we introduced additional speed restrictions on the approach at Sandilands and three other bends on the tram network. We also installed chevrons at these sites and new digital signs to warn drivers of the speed limit.

We are continuing to explore the development of in-cab systems for monitoring and managing tram speed to provide live tracking and speed warnings.
You asked specifically for:

The contract between yourselves (TfL) and Tram Operating Limited (TOL) for the operation of the Tramlink. I would like to see the contract in its entirety (from 1998/1999 up until its current end) as well as any amendments made to the contract during the period of operation.

In accordance with the FOI Act, we are not obliged to supply the requested information as it is subject to a statutory exemption to the right of access to information under section 41 of the Act.

The contract dates back to the establishment of Croydon Tramlink in the 1990s. TfL was not a party to the contract negotiations, or the contract, which predates the Freedom of Information Act, and contains a confidentiality clause preventing disclosure. The contract was acquired by TfL in 2008 as part of the purchase of Tramtrack Croydon Ltd. The contract possesses the necessary quality of confidence due to the confidentiality provision which states that the contract may not be disclosed.

Section 41 exempts information from disclosure if –

(a) it was obtained by the public authority from any other person (including another public authority), and
(b) the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person.

Since section 41 is an absolute exemption, we have not gone on to consider the balance of the public interest, except to the extent of noting that there is no special public interest in disclosure of this information that would justify a breach of confidence in this case.

Future contracts entered into by TfL will be published on our website in redacted form.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]