http://www.legislation.gov.uk/id/ukpga/1993/43/schedule/4A

http://www.legislation.gov.uk/ukpga/1993/43/schedule/4A/crossheading/review-notice/2018-10-14

Railways Act 1993

An Act to provide for the appointment and functions of a Rail Regulator and a Director of Passenger Rail Franchising and of users’ consultative committees for the railway industry and for certain ferry services; to make new provision with respect to the provision of railway services and the persons by whom they are to be provided or who are to secure their provision; to make provision for and in connection with the grant and acquisition of rights over, and the disposal or other transfer and vesting of, any property, rights or liabilities by means of which railway services are, or are to be, provided; to amend the functions of the British Railways Board; to make provision with respect to the safety of railways and the protection of railway employees and members of the public from personal injury and other risks arising from the construction or operation of railways; to make further provision with respect to transport police; to make provision with respect to certain railway pension schemes; to make provision for and in connection with the payment of grants and subsidies in connection with railways and in connection with the provision of facilities for freight haulage by inland waterway; to make provision in relation to tramways and other guided transport systems; and for connected purposes.

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Statute Law Database

2024-07-25

Expert Participation

2018-10-14

Railways Act 1993

s. 13B(7)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 18(5)

s. 339(1)

Railways Act 1993

s. 15C(5)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 19(5)

s. 339(1)

Railways Act 1993

s. 67(11)

Digital Markets, Competition and Consumers Act 2024

Sch. 29

para. 10

s. 339(1)

Railways Act 1993

s. 145(3)(qu)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 20(a)

s. 339(1)

Railways Act 1993

s. 145(3)(w)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 20(b)

s. 339(1)

Railways Act 1993

Sch. 4A

para. 10A(7)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 22(5)

s. 339(1)

Railways Act 1993

Sch. 4A

para. 15(5)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 23(5)

s. 339(1)

Railways Act 1993

s. 16(2)(aa)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 23

reg. 1(1)

SCHEDULES

F5SCHEDULE 4A Review of access charges by F6the Office of Rail and Road

Annotations:

Amendments (Textual)

Sch. 4A inserted (30.11.2000) by 2000 c. 38, ss. 231(2), 275(1), Sch. 24, Sch. 28 paras. 11, 17

Words in Sch. 4A 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(ccc)(i)

Review notice

4

1

The implementation of an access charges review shall be initiated by F7the Office of Rail and Road giving notice (a “review notice")—

a

stating F1its conclusions on the access charges review and the reasons why F2it reached those conclusions;

b

specifying the relevant changes which F2it proposes to make for or in connection with giving effect to those conclusions;

c

stating, in relation to each of the proposed relevant changes, the date on which F2it proposes that it should come into operation; and

d

specifying the period (not being less than six weeks from the date of publication of the notice) within which objections with respect to any of the proposed relevant changes, or the date on which it is proposed that it should come into operation, may be made by a person within sub-paragraph (4)(a) or (b) below.

2

In this Schedule “relevant changes”, in relation to an access agreement, means—

a

amendments of the access agreement;

b

modifications of the conditions of any linked licence; or

c

both such amendments and such modifications;

and references to the making of relevant changes are, in the case of amendments of the access agreement, references to directing the parties to the access agreement to make the amendments to the access agreement.

F32A

Before giving a review notice specifying modifications of a linked licence that are proposed for purposes connected with securing—

a

what the Secretary of State has informed F7the Office of Rail and Road he wants to be achieved by any railway activities, or

b

what the Scottish Ministers have informed that Office they want to be achieved by any such activities,

that Office must consult the Secretary of State or (as the case may be) those Ministers.

3

The review notice shall be given—

a

by publishing it in such manner as F7the Office of Rail and Road considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the proposed relevant changes; and

b

by serving a copy on the persons specified in sub-paragraph (4) below.

4

The persons referred to in sub-paragraph (3)(b) above are—

F4za

if the Secretary of State was given notice of the review under paragraph 1C, the Secretary of State;

zb

if the Scottish Ministers were given notice of the review under that paragraph, those Ministers;

zc

the Treasury;

a

the facility owner, or installation owner, who is a party to the access agreement;

b

any other person who has an estate or interest in, or right over, the railway facility or network installation to which the access agreement relates and who F7the Office of Rail and Road considers ought to be given a copy; and

c

the beneficiary.

5

In this Schedule “the beneficiary"—

a

in relation to an access contract, has the meaning given by section 17(7) of this Act; and

b

in relation to an installation access contract, has the meaning given by section 19(10) of this Act.