Prospective
Railways Act 1993E+W+S
This section has no associated Explanatory Memorandum
1. In the following provisions of the Railways Act 1993() and, in the case of sections 4, 18, 19A, 67, 72, 74 and 80 in the headings preceding them, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
(a)section 4() (general duties of the Secretary of State and the Office of Rail Regulation);
(b)section 6(4)() (prohibition on unauthorised operators of railway assets);
(c)section 7() (exemptions from section 6);
(d)section 8() (licences);
(e)section 9() (conditions of licences: general);
(f)section 11(2)(b)() (assignment of licences);
(g)section 12() (modification by agreement);
(h)section 13() (modification of references to the CMA);
(i)section 13A() (references under section 13: time limits);
(j)section 14() (reports on modification references);
(k)section 15() (modification following report);
(l)section 15A(1)() (CMA’s power to veto modifications following report);
(m)section 15B(2) and (5)() (making of modifications by CMA);
(n)section 15C(2E), (2F) and (3)() (sections 15A and 15B: supplementary);
(o)section 16(3)() (modification by order under other enactments);
(p)section 16A() (provision, improvement and development of railway facilities);
(q)section 16B(1)() (exemption of railway facilities from section 16A);
(r)section 16C() (making of applications for directions);
(s)section 16D() (procedure for considering applications);
(t)section 16E() (decisions on applications: adequate reward);
(u)section 16F() (other provisions about decisions);
(v)section 16G() (directions: compliance, variation and revocation);
(w)section 16H() (code of practice);
(x)section 16I(2)() (supplementary);
(y)section 17(1) and (5)() (access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities);
(z)section 18() (access agreements: contracts requiring the approval of the Office of Rail Regulation);
(aa)section 19() (access agreements: contracts for the use, on behalf of the Secretary of State, of installations comprised in a network);
(bb)section 19A() (review of access charges by Office of Rail Regulation);
(cc)section 20() (exemption of railway facilities from sections 17, 18 and 22A);
(dd)section 21() (model clauses for access contracts);
(ee)section 22() (amendment of access agreements);
(ff)section 22A() (directions to require amendment permitting more extensive use);
(gg)section 22C() (amendment: supplementary);
(hh)section 24(3)() (exemption of passenger services from section 23(1));
(ii)section 26(2)() (invitations to tender for franchises);
(jj)section 55(5ZA)(), (5A), (5AA)(), (5D)(b)() and (10)(a)() (orders for securing compliance);
(kk)section 56(2A)() (procedural requirements for section 55 orders);
(ll)section 57A(5) to (7)() (penalties);
(mm)section 57B() (statement of policy);
(nn)section 57C(3)() (procedural requirements for penalties);
(oo)section 67() (competition functions of the Office of Rail Regulation);
(pp)section 68() (investigatory functions);
(qq)section 69() (general functions);
(rr)section 71() (publication of information and advice);
(ss)section 72() (keeping of register by the Office of Rail Regulation);
(tt)section 73(7)() (keeping of register by the Secretary of State);
(uu)section 73A() (keeping of register by the Scottish Ministers);
(vv)section 74() (annual and other reports of the Office of Rail Regulation);
(ww)section 76(5A)() (general railway duties of Passengers’ Council);
(xx)section 80() (duty of certain persons to furnish information to the Secretary of State, the Scottish Ministers or the Office of Rail Regulation on request);
(yy)section 95(1)() (power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes);
(zz)section 118(1)(a), (3), (5) and (9)() (control of railways in time of hostilities, severe international tension or great national emergency);
(aaa)section 145(2)(a)(), (ga) and (gb)(), (5)() and (6A)(), (general restrictions on disclosure of information);
(bbb)Schedule 4() (access agreements: applications for access contracts);
(ccc)the following provisions of Schedule 4A() (review of access charges by Regulator)—
(i)paragraphs 1 and 1A to 1H(),
(ii)paragraphs 4 to 9(), and
(iii)paragraphs 11 to 16(); and
(ddd)paragraphs 7 to 10 of Schedule 6() (railway administration orders).