SCHEDULE 4A Review of access charges by Regulator
F1Notification of likely adverse effect on interests of certain providers of railway services
1G
(1)
If, at any time in the course of an access charges review, it appears to the Office of Rail Regulation that it is likely that the implementation of the review will adversely affect the interests of persons providing railway passenger services or of persons providing services for the carriage of goods by railway, that Office must so notify—
(a)
the Secretary of State, in the case of a review notice of which was given to him under paragraph 1C; and
(b)
the Scottish Ministers, in the case of a review notice of which was given to them under that paragraph.
(2)
Where the Office of Rail Regulation gives a notification under sub-paragraph (1) in respect of a review relating to an access agreement to which a facility owner is a party, the notification must include—
(a)
its assessment of the measures that the facility owner is likely to be required to take, as a consequence of the implementation of the review, in order to meet obligations of his arising under the access agreement in question or under any other access agreement to which he is a party; and
(b)
its estimate of the cost to the facility owner of taking those measures.
(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 under paragraph 1D 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 the Scottish Ministers in accordance with sub-paragraph (1).
(5)
Where the Office of Rail Regulation has already given a notification under this paragraph, it is required to give a further notification under this paragraph only if—
(a)
information provided to it has been revised in response to its notification; and
(b)
it has not previously given a notification in respect of an earlier revision of that information.