SCHEDULE 4A Review of access charges by the Office of Rail Regulation
F1Scope of review
1A
(1)
Where the Office of Rail Regulation undertakes such a review, it must, at the same time, review the conditions of every linked licence both—
(a)
in relation to the matters mentioned in paragraph 1(a) and (b); and
(b)
in relation to the matters about which that Office is provided with information under paragraph 1D.
(2)
A review by that Office of both—
(a)
the terms of an access agreement as to the matters mentioned in paragraph 1(a) and (b), and
(b)
the conditions of a linked licence,
is referred to in this Schedule as an access charges review.
(3)
An access charges review must include a consideration of—
(a)
the time at which the next access charges review is to be undertaken in relation to both the access agreement in question and every linked licence; and
(b)
the circumstances in which it would be appropriate to undertake such a review before that time.
(4)
In this Schedule “linked licence”, in relation to an access agreement, means a licence of which the holder is—
(a)
the facility owner, or installation owner, who is a party to the agreement; or
(b)
a person other than that owner who has an estate or interest in the railway facility or network installation to which the agreement relates or who has a right over it.