[F1252CAction on investigation under section 252BU.K.
(1)On investigating a matter under section 252B the Committee must, if it considers it appropriate to do so—
(a)in every case, make appropriate representations to the person providing the service;
(b)in the case of a service provided under a franchise agreement by a person other than the franchisee, make appropriate representations to the franchisee; and
(c)in the case of a secured service (within the meaning of Part 4 of the Railways Act 2005), make appropriate representations to the Secretary of State.
(2)In subsection (1) “appropriate representations” means representations about—
(a)any matter appearing to the Committee to be relevant to the subject-matter of the investigation; and
(b)any other matter to which a matter so appearing relates.
(3)Subject to subsection (4), where the Committee—
(a)having made representations under subsection (1), is of the opinion that it is unable to obtain a satisfactory resolution by that means,
(b)on investigating a matter, has reason for believing that the holder of a licence under Part 1 of the Railways Act 1993 is contravening a condition of the licence, or is likely to do so, or
(c)on investigating a matter, has reason for believing that a franchisee in relation to a franchise agreement is contravening the provisions of the agreement, or is likely to do so,
the Committee must refer the matter to the Secretary of State (or if he referred it to the Committee, back to him) with a view to his exercising such of his powers as he considers appropriate in the circumstances of the case.
(4)Subsection (3) does not apply in a case where representations under subsection (2) have been made to the Secretary of State.
(5)If the Secretary of State considers that it would be more appropriate for a matter referred to him by the Committee under subsection (3) to be referred to the Office of Rail Regulation, he must—
(a)refer it to that Office, or
(b)if it was referred to the Committee by that Office, refer it back to that Office,
with a view to that Office exercising such of its powers as it considers appropriate in the circumstances of the case.
(6)The Committee must not—
(a)include a proposal for the taking of any steps in representations made by it under this section, or
(b)make a reference under this section to the Secretary of State by reason only of the failure of a person to take any steps,
unless the test in subsection (7) is satisfied.
(7)That test is satisfied if, on the basis of the information available to the Committee, it considers that, balancing each of the following against the other—
(a)the costs of taking the steps, and
(b)the benefits that will be enjoyed by persons in consequence of the taking of those steps,
the expenditure involved represents good value for money.
(8)In this section “franchise agreement” and “franchisee” have the same meanings as in Part 1 of the Railways Act 1993.]
Textual Amendments
F1Ss. 252B-252D inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 6 para. 3; S.I. 2005/1909, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 252C(3) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), regs. 1(1), 19