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Part IU.K. The Provision of Railway Services

Modifications etc. (not altering text)

C1Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C2Pt. 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)

Commencement Information

I1Pt. 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)

Other functions of the RegulatorE+W+S

68 Investigatory functions.E+W+S

(1)Subject to subsection (2) below, it shall be the duty of [F1the Office of Rail Regulation] to investigate any alleged or apprehended contravention of—

(a)a condition of a licence F2. . . , F3. . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 [F5it] by or on behalf of a person who appears to [F1the Office of Rail Regulation] to have an interest in the matter.

(2)[F1the Office of Rail Regulation] may, if [F5it] thinks fit, require [F6the [F7Passengers’ Council]] to investigate and report to [F5it] 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 [F8its] duty to investigate.

Textual Amendments

F1Words in s. 68 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F3S. 68(1)(b) and word immediately preceding it repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt.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)

F4S. 68(1)(b) omitted (1.2.2001) by virtue of 2000 c. 38, s. 234(7) (with Sch. 28 paras. 12, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F5Words in s. 68 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F6Words in s. 68(2) substiuted (24.7.2005) by Railways Act 2005 (c. 14), s. 21(2); S.I. 2005/1909, art. 2, Sch.

F8Word in s. 68 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(c) Table}; S.I. 2004/827, art. 4(g)

Modifications etc. (not altering text)

69 General functions.E+W+S

(1)It shall be the duty of [F9the Office of Rail Regulation] , so far as it appears to [F10it] 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 [F11its] 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 [F11its] 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 [F11its] functions under this Part are exercisable, [F10it] 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 [F10it] considers it expedient or [F10it] is requested by the Secretary of State or [F12the OFT] to do so, to give information, advice and assistance to the Secretary of State or [F12the OFT] with respect to any matter in respect of which any function of [F9the Office of Rail Regulation] under this Part is exercisable.

(4)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Words in s. 69 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F10Words in s. 69 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F11Words in s. 69 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(c) Table}; S.I. 2004/827, art. 4(g)

F12Words in s. 69(3) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(10); S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)

F13S. 69(4) repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911 {art. 2}, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F1470. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F14S. 70 repealed (1.2.2001) by 2000 c. 38, ss. 216, 274, Sch. 17 para. 28(2), 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)

71 Publication of information and advice.E+W+S

(1)[F15the Office of Rail Regulation] may arrange for the publication, in such form and in such manner as [F16it] considers appropriate, of such information and advice as it may appear to [F16it] 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 [F15the 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 [F15the 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 [F15the Office of Rail Regulation] , seriously and prejudicially affect the interests of that body.

(3)[F17The OFT] shall consult [F15the Office of Rail Regulation] before publishing under [F18section 6 of the Enterprise Act 2002] any information or advice which may be published by [F15the Office of Rail Regulation] under this section.

Textual Amendments

F15Words in s. 71 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F16Word in s. 71 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F17Words in s. 71(3) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(11)(a); S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)

F18Words in s. 71(3) substituted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(11)(b); S.I. 2003/1397, art. 2(1), Sch.