Railways Act 1993

16 Modification by order under other enactments. E+W+S

(1) Where, in the circumstances mentioned in subsection (2) below, the Secretary of State by order exercises any of the powers specified in—

(a) Parts I and II of Schedule 8 to the 1973 Act, F1 . . .

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the order may also provide for the modification of the conditions of a licence to such extent as may appear to him to be requisite or expedient for the purpose of giving effect to or of taking account of any provision made by the order.

(2) Subsection (1) above shall have effect where—

(a) the circumstances are as mentioned in section 56(1) of the 1973 Act (order on report on monopoly reference) and either—

(i) the monopoly situation exists in relation to the supply of any railway service; or

(ii) the monopoly situation exists in relation to the supply of transport services and at least one of the persons in whose favour the monopoly situation exists has been engaged in the supply of railway services; [F2 or]

(b) the circumstances are as mentioned in section 73(1) of that Act (order on report on merger reference) and at least one of the two or more enterprises which ceased, or (in the application of that provision as it has effect by virtue of section 75(4)(e) of that Act) which would cease, to be distinct enterprises was or, as the case may be, is engaged in the supply of railway services; F3 . . .

F3 (c) the circumstances are as mentioned in section 10(1) of the 1980 Act (order on report on competition reference) and the anti-competitive practice relates to the supply of any railway service.

(3) As soon as practicable after making any modifications under this section, the Secretary of State shall send a copy of those modifications to the Regulator and to the Health and Safety Executive.

(4) 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.

(5) In this section expressions which are also used in the 1973 Act [F4 . . .] have the same meaning as in that Act.

Textual Amendments

F1 S. 16(1)(b) and the word preceding it repealed (1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. IV para. 15(4)(a), Sch. 14 Pt. 1 (with s. 73); S.I. 2000/344, art. 2, Sch.

F2 Word in s. 16(2)(a)(ii) inserted (1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. IV para. 15(4)(b)(i) (with s. 73); S.I. 2000/344, art. 2, Sch.

F3 S. 16(2)(c) and the word preceding it repealed (1.3.2000) by 1998 c. 41, s. 66(5), 74(3), Sch. 10 Pt. IV para. 15(4)(b)(ii), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

F4 Words in s. 16(5) repealed (1.3.2000) by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. IV para. 15(4)(c), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.