I1C5C6 Part I The Provision of Railway Services
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)
Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)
Consumer protection
66 Amendments of the Fair Trading Act 1973.
1
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2C13
For the purposes of Part 3 of the Enterprise Act 2002 (merger references), where a person enters into a franchise agreement as a franchisee, there shall be taken to be brought under his control an enterprise engaged in the supply of the railway services to which the agreement relates.
4
In section 137 of the 1973 Act, in subsection (3) (meaning of the expression “the supply of services"), after paragraph (f) there shall be inserted the words
and
g
includes the supply of network services and station services, within the meaning of Part I of the Railways Act 1993;
5
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46
Expressions used in subsection (3) above and in Part 3 of the Enterprise Act 2002 have the same meaning in that subsection as they have in that Part.
67 Respective functions of F5the Office of Rail Regulation and the F6OFT, and functions of the Monopolies Commission.
1
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2C3F82
The functions to which subsection (2A) below applies shall be concurrent functions of F5the Office of Rail Regulation and the OFT.
2A
This subsection applies to the functions of the OFT under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to the supply of services relating to railways.
2B
So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the OFT (including references in provisions of that Act applied by that Part) shall be construed as including references to F5the Office of Rail Regulation (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).
F9F103
F5the Office of Rail Regulation shall be entitled to exercise, concurrently with the OFT, the functions of the OFT under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6) and 51), so far as relating to—
a
agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
b
conduct of the kind mentioned in section 18(1) of that Act,
c
agreements, decisions or concerted practices of the kind mentioned in F32Article 101(1) of the Treaty on the Functioning of the European Union , or
d
conduct which amounts to abuse of the kind mentioned in F33Article 102 of the Treaty on the Functioning of the European Union ,
which relate to the supply of services relating to railways.
F113ZA
In F12subsections (2A) and (3) above “services relating to railways” means—
a
railway services;
b
the provision or maintenance of rolling stock;
c
the development, maintenance or renewal of a network, station or light maintenance depot; and
d
the development, provision or maintenance of information systems designed wholly or mainly for facilitating the provision of railway services.
3ZB
The Secretary of State may by order amend subsection (3ZA) above; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.
3A
So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to F13the OFT are to be read as including a reference to F5the Office of Rail Regulation (F14except in sections 31D(1) to (6), 38(1) to (6) , 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).
F15C44
Before the OFT or F5the Office of Rail Regulation first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.
4A
Neither the OFT nor F5the Office of Rail Regulation shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.
5
It shall be the duty of F5the Office of Rail Regulation , for the purpose of assisting the F16Competition Commission in carrying out an investigation on a reference falling within subsection (6) below, to give to the Commission—
a
any information which is in F17its possession and which relates to matters falling within the scope of the investigation and—
i
is requested by the Commission for that purpose; or
ii
is information which in F17its opinion it would be appropriate for that purpose to give to the Commission without any such request; and
b
any other assistance which the Commission may require and which it is within F17its power to give, in relation to any such matters;
and the Commission shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.
6
The references which fall within this subsection are—
a
b
any reference made to the Commission by the Secretary of State under section 11 of the 1980 Act, if the person who is the subject of the reference is—
i
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
a publicly owned railway company which supplies network services or station services.
7
A copy of any report of the F16 Competition CommissionF20under section 136 or 142 of the Enterprise Act 2002 which relates to F21the supply of services relating to railways may be transmitted by the Commission to F5the Office of Rail Regulation , notwithstanding that the reference F22. . . could not have been made by F5the Office of Rail Regulation .
8
If any question arises F23in any particular case as to the jurisdiction of F5the Office of Rail Regulation under any of the provisions mentioned in subsection F24(2A) or (3) above F25. . . . F26. ., that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—
a
F27Part 4 of the Enterprise Act 2002, or
F309
Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by F5the Office of Rail Regulation by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the OFT included references to F5the Office of Rail Regulation .
10
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5
Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)