Part I U.K. The Provision of Railway Services

Modifications etc. (not altering text)

C1 Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C2 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)

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)

Registers and reports of the Regulator and the [F1 Authority] E+W+S

Textual Amendments

F1 Word in cross-heading substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 43; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

74 Annual and other reports of [F2 the Office of Rail Regulation]. E+W+S

(1) [F2 the Office of Rail Regulation] shall, as soon as practicable [F3 after the end of each financial year,], make to the Secretary of State a report on—

(a) his activities during that year; and

(b) the [F4 Competition Commission’s] activities during that year, so far as relating to references made by [F2 the Office of Rail Regulation] .

(2) Every such report shall include—

(a) a general survey of developments, during the year to which it relates, in respect of matters falling within the scope of [F5 its] functions;

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a statement setting out any general directions given to [F2 the Office of Rail Regulation] during that year under section 69(2) above; F6 . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State shall lay a copy of every report made by [F2 the Office of Rail Regulation] under subsection (1) above before each House of Parliament and shall arrange for copies of every such report to be published in such manner as he may consider appropriate.

[F7 (3A) Where a report is made by [F2 the Office of Rail Regulation] under subsection (1) above to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament and shall arrange for copies to be published in such manner as they consider appropriate.]

(4) [F2 the Office of Rail Regulation] may also prepare such other reports as [F8 it] thinks fit with respect to any matter falling within the scope of [F5 its] functions.

(5) [F2 the Office of Rail Regulation]may arrange for copies of any report prepared under subsection (4) above to be published in such manner as [F8 it] may consider appropriate.

(6) In making or preparing any report under this section, [F2 the Office of Rail Regulation] shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 71(2)(a) and (b) above.

(7) [F9 Paragraph 12A(1) of Schedule 7 to the Competition Act 1998 (annual reports of the Competition Commission)]shall not apply to activities of the [F4 Competition Commission] on which [F2 the Office of Rail Regulation] is required to report by this section.

(8) In this section—

• “financial year” means a period of twelve months ending with 31st March; and

• F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in s. 74 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)

F3 Words in s. 74(1) substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, Sch. 2 para. 14(a); S.I. 2004/827, art. 4(g)

F4 Words in s. 74(1)(b)(7) substituted (1.4.1999) by S.I. 1999/506, art. 33(b)

F5 Word in s. 74 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(c) Table}; S.I. 2004/827, art. 4(g)

F6 S. 74(2)(b)(d) and the word “and" before s. 74(2)(d) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F7 S. 74(3A) inserted (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(1), Sch. 5 para. 13 (2); S.I. 1998/3178, art. 3

F8 Word in s. 74 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)

F9 Words in s. 74(7) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(12); S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)

F10 S. 74(8): definition of "first relevant financial year" repealed (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 118, 120, Sch. 2 para. 14(b), Sch. 8; S.I. 2004/827, art. 4(i)

Modifications etc. (not altering text)

C3 S. 74(1)(3): certain functions made exercisable by the Scottish Ministers concurrently with the Ministers concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2; S.I. 1998/3178, art. 3