Modifications etc. (not altering text)
C1Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
C2Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)
Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)
Commencement Information
I1Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5
Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)
(1)Subject to the following provisions of this section, [F1the Office of Rail Regulation] may modify the conditions of a licence if the holder of the licence consents to the modifications.
[F2(1A)[F1the Office of Rail Regulation] may not modify the conditions of a licence which relate to consumer protection unless the Authority also consents to the modifications.
(1B)Where the Authority proposes to consent to modifications of such conditions, it shall give notice—
(a)stating that it proposes to consent to the modifications and setting out their effect,
(b)stating the reasons why it proposes to consent to the modifications, and
(c)specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and shall, before giving consent, consider any representations or objections which are duly made and not withdrawn.
(1C)If the Authority consents to the modifications, it shall give a copy of any such representations or objections to [F1the Office of Rail Regulation] and [F1the Office of Rail Regulation] shall consider them before making the modifications.]
(2)Before making modifications [F3of any conditions of a licence which do not relate to consumer protection], [F1the Office of Rail Regulation] shall give notice—
(a)stating that [F4it] proposes to make the modifications and setting out their effect,
(b)stating the reasons why [F4it] proposes to make the modifications, and
(c)specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and shall [F5, before making the modifications,] consider any representations or objections which are duly made and not withdrawn.
(3)A notice under subsection [F6(1B) or] (2) above shall be given—
(a)by publishing the notice in such manner as [F7the Authority, or the Regulator,] considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and
(b)by serving a copy of the notice on the holder of the licence.
(4)As soon as practicable after making any modifications under this section, [F1the Office of Rail Regulation] shall send a copy of those modifications to [F8the Authority and] the Health and Safety Executive.
Textual Amendments
F1Words in s. 12 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)
F2S. 12(1A)-(1C) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 6(2) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F3Words in s. 12(2) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 6(3)(a) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F4Words in s. 12 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)
F5Words in s. 12(12) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 6(3)(b) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F6Words in s. 12(3) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 6(4)(a) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F7Words in s. 12(3) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 6(4)(b) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F8Words in s. 12(4) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 6(5) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)