Part I The Provision of Railway Services

Modification of licences

13 Modification references to the Monopolies Commission.

(1)

F1the Office of Rail Regulation may make to the Monopolies and Mergers Commission (in this Act referred to as the F2Competition Commission) a reference which is so framed as to require the Commission to investigate and report on the questions—

(a)

whether any matters which—

(i)

relate to the provision of any railway services by means of a railway asset, or railway assets of a class or description, whose operator acts as such by virtue of a licence, and

(ii)

are specified in the reference,

operate, or may be expected to operate, against the public interest; and

(b)

if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of the licence.

(1A)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

F1the Office of Rail Regulation may, at any time, by notice given to the F2Competition Commissionvary a reference under this section by adding to the matters specified in the reference or by excluding from the reference some or all of the matters so specified; and on receipt of any such notice the Commission shall give effect to the variation.

(3)

F1the Office of Rail Regulation may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the F2 CompetitionCommissionin carrying out the investigation on the reference—

(a)

any effects adverse to the public interest which, in F4its opinion, the matters specified in the reference or variation have or may be expected to have; and

(b)

any modifications of the conditions of the licence by which, in F4its opinion, those effects could be remedied or prevented.

(4)

As soon as practicable after making a reference under this section or a variation of such a reference, F1the Office of Rail Regulation—

(a)

shall serve a copy of the reference or variation on the holder of the licence; and

(b)

shall publish particulars of the reference or variation in such manner as F5it considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

(5)

F1the Office of Rail Regulation shall also send a copy of a reference under this section, or a variation of such a reference, to the Secretary of State; and if, before the end of the period of 28 days beginning with the day on which the Secretary of State receives the copy of the reference or variation, the Secretary of State directs the F2Competition Commission not to proceed with the reference or, as the case may require, not to give effect to the variation, the Commission shall comply with the direction.

(6)

It shall be the duty of F1the Office of Rail Regulation , for the purpose of assisting the F2Competition Commission in carrying out an investigation on a reference under this section, to give to the Commission—

(a)

any information in F6the possession of F1the Office of Rail Regulation which relates to matters falling within the scope of the investigation and—

(i)

is requested by the Commission for that purpose; or

(ii)

is information which, in F6the opinion of F1the Office of Rail Regulation, it would be appropriate for that purpose to give to the Commission without any such request; and

(b)

any other assistance which the Commission may require, and which it is within F6the power of F1the Office of Rail Regulation to give, in relation to any such matters;

and the Commission, for the purpose of carrying out any such investigation, shall take account of any information given to them for that purpose under this subsection.

(7)

In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the F2 Competition Commission shall have regard to the matters as respects which duties are imposed on F7. . . F8the Office of Rail Regulation by section 4 above.

(8)

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8A)

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.