Transport Act 2000

7 (1) Section 13 (modification references to Competition Commission) is amended as follows. E+W+S

(2) In subsection (1) (making of reference), for “Regulator” substitute “ appropriate authority ”.

(3) After that subsection insert—

“(1A) In this section and section 14 below “the appropriate authority” means—

(a) where conditions of the licence addressing the matters specified in the reference would all inevitably be conditions relating to consumer protection, the Authority; and

(b) in any other case, the Regulator.

(1B) Before the Authority makes a reference under this section—

(a) where the licence authorises the operation of trains for the purpose of carrying passengers or goods by railway for hire or reward, it shall obtain the consent of the Regulator; and

(b) in any other case, it shall consult the Regulator.

(1C) Before the Regulator makes a reference under this section—

(a) where any condition of the licence addressing the matters specified in the reference would or may be conditions relating to consumer protection, he shall obtain the consent of the Authority; and

(b) in any other case, he shall consult the Authority.”

(4) In subsection (2) (variation of reference), for “Regulator” substitute “ appropriate authority ”.

(5) In subsection (3) (matters which may be specified in reference or variation)—

(a) for “Regulator” substitute “ appropriate authority ”, and

(b) for “his” (in both places) substitute “ its ”.

(6) In subsection (4) (notice of reference or variation)—

(a) for “Regulator” substitute “ appropriate authority ”, and

(b) for “he” substitute “ it ”.

(7) In subsection (5) (copy to Secretary of State), for “Regulator” substitute “ appropriate authority ”.

(8) In subsection (6) (assistance to Commission)—

(a) for “Regulator” substitute “ appropriate authority ”,

(b) for “his possession” substitute “ the possession of the appropriate authority ”,

(c) for “his opinion” substitute “ the opinion of the appropriate authority ”, and

(d) for “his power” substitute “ the power of the appropriate authority ”.

Commencement Information

I1 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)