Valid from 30/11/2000
Textual Amendments
F1Sch. 4A inserted (30.11.2000) by 2000 c. 38, ss. 231(2), 275(1), Sch. 24, Sch. 28 paras. 11, 17
Valid from 29/01/2007
Textual Amendments
F2Sch. 4A paras. 1-1H substituted (29.1.2007) for Sch. 4A para. 1 by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 2 (with Sch. 4 para. 11); S.I. 2007/62, art. 2
1F(1)If, at any time in the course of an access charges review, it appears to the Office of Rail Regulation that—E+W+S
(a)the information that has been provided to it by the Secretary of State or the Scottish Ministers under paragraph 1D, or
(b)the information, taking it all together, that has been so provided by the Secretary of State and the Scottish Ministers,
shows that the public financial resources that are or are likely to become available will be inadequate to secure the achievement of what he or they, or both of them, want to be achieved, that Office must so notify the Secretary of State or the Scottish Ministers or (as the case may be) each of them.
(2)The Office of Rail Regulation must send a copy of every notification under sub-paragraph (1) to the Treasury.
(3)On being notified under sub-paragraph (1), the Secretary of State or the Scottish Ministers or (as the case may be) each of them—
(a)may revise any information provided to the Office of Rail Regulation, together with any suggestion made under paragraph 1E; and
(b)if the information or such a suggestion is revised, must notify the revisions to that Office.
(4)Any notification under sub-paragraph (3) must be given within whatever period is specified by the Office of Rail Regulation when notifying the Secretary of State or Scottish Ministers in accordance with sub-paragraph (1).
(5)Where the Office of Rail Regulation has already given a notification under this paragraph with respect to any information, it is required to give a further notification under this paragraph with respect to that information, or any revision of it, only if—
(a)a revision has been made in response to its previous notification; and
(b)it has not previously given a notification in respect of an earlier revision of the information.]