(1)The Rail Regulator shall have an overriding duty to exercise his regulatory functions in such a manner as not to impede the performance of any development agreement.
(2)In exercising his regulatory functions in relation to the use by a rail link undertaker of any existing network—
(a)for trains used in connection with the construction of the rail link, or
(b)for trains used to provide international services,
the Rail Regulator shall also be under a duty to have regard to the financial position of the rail link undertaker.
(3)The Rail Regulator may by notice require a person to whose financial position he is required by subsection (2) above to have regard to furnish to him, in such form and manner as may be specified in the notice, such information relating to that person’s financial position as may be so specified, being information which the Rail Regulator considers necessary for the purpose of facilitating the performance of his duty under that subsection.
(4)If any person makes default in complying with a notice under subsection (3) above, the High Court may, on the application of the Rail Regulator, make such order as it thinks fit for requiring the default to be made good.
(5)An order under subsection (4) above may provide that all the costs or expenses of and incidental to the application under that subsection shall be borne by the person in default or, in the case of a company or other association, by any of its officers who are responsible for its default.
(6)In this section—
“existing”, in relation to a network, means not comprised in the rail link;
“international services” means services involving travel through the Channel Tunnel;
“network” has the same meaning as in Part I of the M1Railways Act 1993; and
references to the Rail Regulator’s regulatory functions are to the functions assigned or transferred to him under or by virtue of Part I of the Railways Act 1993 [F1other than any functions assigned to him by virtue of section 67(3) of that Act (“Competition Act functions”).
(7)The Regulator may, when exercising any Competition Act function, have regard to any matter to which he would have regard if—
(a)he were under the duty imposed by subsection (1) or (2) above in relation to that function; and
(b)the matter is one to which the Director General of Fair Trading could have regard if he were exercising that function.]
Textual Amendments
F1Words in s. 21(6) and subsection (7) inserted (1.3.2000) by 1998 c. 41, ss. 54, 66(5), Sch. 10 Pt. IV para. 16(2) (with s. 73); S.I. 2000/344, art. 2
Modifications etc. (not altering text)
C1S. 21 extended (22.3.2001) by S.I. 2001/1451, art. 7(2)
Marginal Citations