I1C1C3Part I The Provision of Railway Services

Annotations:
Commencement Information
I1

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)

Modifications etc. (not altering text)
C1

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C3

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)

Other functions of the Regulator

C268 Investigatory functions.

1

Subject to subsection (2) below, it shall be the duty of F8the Office of Rail Regulation to investigate any alleged or apprehended contravention of—

a

a condition of a licence F14. . . , F1. . .

F2b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if the alleged or apprehended contravention is the subject of a representation (other than one appearing to him to be frivolous or vexatious) made to F16it by or on behalf of a person who appears to F8the Office of Rail Regulation to have an interest in the matter.

2

F8the Office of Rail Regulation may, if F16it thinks fit, require F15the Rail Passengers' Councilto investigate and report to F16it on any matter falling within subsection (1) above which relates to—

a

the provision of services for the carriage of passengers by railway, or

b

the provision of station services,

and which it would otherwise have been F17its duty to investigate.

69 General functions.

1

It shall be the duty of F9the Office of Rail Regulation , so far as it appears to F11it practicable from time to time to do so—

a

to keep under review the provision, both in Great Britain and elsewhere, of railway services; and

b

to collect information with respect to the provision of those services, with a view to facilitating the exercise of F10its functions under this Part.

2

The Secretary of State may give general directions indicating—

a

considerations to which F9the Office of Rail Regulation should have particular regard in determining the order of priority in which matters are to be brought under review in performing F10its duty under subsection (1)(a) or (b) above; and

b

considerations to which, in cases where it appears to F9the Office of Rail Regulation that any of F10its functions under this Part are exercisable, F11it should have particular regard in determining whether to exercise those functions.

3

It shall be the duty of F9the Office of Rail Regulation , where either F11it considers it expedient or F11it is requested by the Secretary of State or F3the OFT to do so, to give information, advice and assistance to the Secretary of State or F3the OFT with respect to any matter in respect of which any function of F9the Office of Rail Regulation under this Part is exercisable.

4

If F9the Office of Rail Regulation—

a

is requested to do so by the F4Authority, or

b

considers it appropriate to do so,

F11it may provide the F4Authority with any information which F11it has which relates to the functions of the F4Authority.

F570. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71 Publication of information and advice.

1

F12the Office of Rail Regulation may arrange for the publication, in such form and in such manner as F13it considers appropriate, of such information and advice as it may appear to F13it expedient to give to users or potential users of railway services in Great Britain.

2

In arranging for the publication of any such information or advice F12the Office of Rail Regulation shall have regard to the need for excluding, so far as that is practicable—

a

any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of F12the Office of Rail Regulation , seriously and prejudicially affect the interests of that individual; and

b

any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of F12the Office of Rail Regulation , seriously and prejudicially affect the interests of that body.

3

F6The OFT shall consult F12the Office of Rail Regulation before publishing under F7section 6 of the Enterprise Act 2002 any information or advice which may be published by F12the Office of Rail Regulation under this section.