SCHEDULES
F1SCHEDULE 4A Review of access charges by F2the Office of Rail Regulation
Words in Sch. 4A 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)
F3Scope of review
Sch. 4A paras. 1-1H substituted for Sch. 4A para. 1 (29.1.2007) by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 2 (with Sch. 4 para. 11); S.I. 2007/62, art. 2
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.
Sch. 4A inserted (30.11.2000) by 2000 c. 38, ss. 231(2), 275(1), Sch. 24, Sch. 28 paras. 11, 17