SCHEDULE 17Transfers to SRA from Rail Regulator
Part IFunctions relating to licences
Enforcement
11
(1)
Section 55 (orders for securing compliance) is amended as follows.
(2)
“(5ZA)
The Authority shall not make a final order, or make or confirm a provisional order, in relation to a licence holder or person under closure restrictions unless—
(a)
it has given notice to the Regulator specifying a period within which he may give notice to it if he considers that the most appropriate way of proceeding is under the M1Competition Act 1998;
(b)
that period has expired; and
(c)
the Regulator has not given notice to the Authority within that period that he so considers (or, if he has, he has withdrawn it).”
(3)
In subsection (10), in the definition of “the appropriate officer”—
(a)
in paragraph (a), after “holder” insert “, apart from a condition which relates to consumer protection,”, and
(b)
in paragraph (b), after “to” insert “any condition relating to consumer protection in the case of a licence holder or to”.
(4)
In subsection (11), for “(5A)” substitute “(5ZA)”.