I1C3C4 Part I The Provision of Railway Services

Annotations:
Commencement Information
I1

Pt. 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)

Modifications etc. (not altering text)
C3

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C4

Pt. 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)

Modification of licences

C113 Modification references to the F7CMA

1

F19The Office of Rail and Road may make to the Monopolies and Mergers Commission (in this Act referred to as the F8CMA) a reference which is so framed as to require F9the CMA to investigate and report on the questions—

a

whether any matters which—

C2i

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.

F11A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

F19The Office of Rail and Road may, at any time, by notice given to the F10CMA vary 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 F11the CMA shall give effect to the variation.

3

F19The Office of Rail and Road may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the F12CMA in carrying out the investigation on the reference—

a

any effects adverse to the public interest which, in F2its 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 F2its 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, F19the Office of Rail and Road—

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 F3it considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

5

F19The Office of Rail and Road 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 F13CMA not to proceed with the reference or, as the case may require, not to give effect to the variation, F14the CMA shall comply with the direction.

6

It shall be the duty of F19the Office of Rail and Road, for the purpose of assisting the F15CMA in carrying out an investigation on a reference under this section, to give to F16the CMA —

a

any information in F4the possession of F19the Office of Rail and Road which relates to matters falling within the scope of the investigation and—

i

is requested by F16the CMA for that purpose; or

ii

is information which, in F4the opinion of F19the Office of Rail and Road, it would be appropriate for that purpose to give to F16the CMA without any such request; and

b

any other assistance which F16the CMA may require, and which it is within F4the power of F19the Office of Rail and Road to give, in relation to any such matters;

and F16the CMA, 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 F17CMA shall have regard to the matters as respects which duties are imposed on F5. . . F19the Office of Rail and Road by section 4 above.

F68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F1810

The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 13B and 15C).