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Part IU.K. The Channel Tunnel Rail Link

Functions of the [F1Office of Rail and Road]U.K.

Textual Amendments

21 Duties as to exercise of regulatory functions.U.K.

(1)The [F2Office of Rail and Road] shall have an overriding duty to exercise [F3its] regulatory functions in such a manner as not to impede the performance of any development agreement.

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section—

references to the [F2Office of Rail and Road]’s regulatory functions are to the functions assigned or transferred to [F6it] under or by virtue of Part I of the Railways Act 1993 [F7other than any functions assigned to [F6it] by virtue of section 67(3) of that Act (“Competition Act functions”).

(7)The [F2Office of Rail and Road] may, when exercising any Competition Act function, have regard to any matter to which [F6it] would have regard if—

(a)[F6 it ] were under the duty imposed by subsection (1) F8 ... above in relation to that function; and

(b)the matter is one to which [F9the Competition and Markets Authority] could have regard if [F10it] were exercising that function.]

Textual Amendments

F7Words 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

F10Word in s. 21(7)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Modifications etc. (not altering text)

C1S. 21 extended (22.3.2001) by S.I. 2001/1451, art. 7(2)