Railways Act 1993

13 Modification references to the [F1 CMA] E+W+S

(1) [F2 The Office of Rail and Road] may make to the Monopolies and Mergers Commission (in this Act referred to as the [F3 CMA]) a reference which is so framed as to require [F4 the CMA] to investigate and report on the questions—

(a) whether any matters which—

(i) relate to the provision of any railway services by means of a railway asset, or railway assets of a class or description, whose operator acts as such by virtue of a licence, and

(ii) are specified in the reference,

operate, or may be expected to operate, against the public interest; and

(b) if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of the licence.

F5 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F2 The Office of Rail and Road] may, at any time, by notice given to the [F6 CMA] vary a reference under this section by adding to the matters specified in the reference or by excluding from the reference some or all of the matters so specified; and on receipt of any such notice [F7 the CMA] shall give effect to the variation.

(3) [F2 The Office of Rail and Road] may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the [F8 CMA] in carrying out the investigation on the reference—

(a) any effects adverse to the public interest which, in [F9 its] opinion, the matters specified in the reference or variation have or may be expected to have; and

(b) any modifications of the conditions of the licence by which, in [F9 its] opinion, those effects could be remedied or prevented.

(4) As soon as practicable after making a reference under this section or a variation of such a reference, [F2 the Office of Rail and Road]—

(a) shall serve a copy of the reference or variation on the holder of the licence; and

(b) shall publish particulars of the reference or variation in such manner as [F10 it] considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

(5) [F2 The Office of Rail and Road] shall also send a copy of a reference under this section, or a variation of such a reference, to the Secretary of State; and if, before the end of the period of 28 days beginning with the day on which the Secretary of State receives the copy of the reference or variation, the Secretary of State directs the [F11 CMA] not to proceed with the reference or, as the case may require, not to give effect to the variation, [F12 the CMA] shall comply with the direction.

(6) It shall be the duty of [F2 the Office of Rail and Road], for the purpose of assisting the [F13 CMA] in carrying out an investigation on a reference under this section, to give to [F14 the CMA] —

(a) any information in [F15 the possession of [F2 the Office of Rail and Road]] which relates to matters falling within the scope of the investigation and—

(i) is requested by [F14 the CMA] for that purpose; or

(ii) is information which, in [F15 the opinion of [F2 the Office of Rail and Road]], it would be appropriate for that purpose to give to [F14 the CMA] without any such request; and

(b) any other assistance which [F14 the CMA] may require, and which it is within [F15 the power of [F2 the Office of Rail and Road]] to give, in relation to any such matters;

and [F14 the CMA], for the purpose of carrying out any such investigation, shall take account of any information given to them for that purpose under this subsection.

(7) In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the [F16 CMA] shall have regard to the matters as respects which duties are imposed on F17 . . . [F2 the Office of Rail and Road] by section 4 above.

F18 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

[F19 (10) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 13B and 15C).]

Textual Amendments

F1 Word in s. 13 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(9); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Words in s. 13 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(h)

F3 Word in s. 13(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Words in s. 13(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 S. 13(1A)-(1C) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 paras. 6(b), 10, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F6 Word in s. 13(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7 Words in s. 13(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F8 Word in s. 13(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F9 Words in s. 13(3) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 7(5) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F10 Words in s. 13(4) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 7(6) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F11 Word in s. 13(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(5)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12 Words in s. 13(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(5)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F13 Word in s. 13(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(6)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F14 Words in s. 13(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(6)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F15 Words in s. 13(6) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 7(8) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F16 Word in s. 13(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(7); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F17 Words in s. 13(7) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F18 S. 13(8)(8A) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(3)(b), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)

F19 S. 13(10) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications etc. (not altering text)

C1 S. 13 applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)

C2 S.13(1)(a)(i) modified (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 3