6(1)Section 12 (modification by agreement) is amended as follows.
(2)After subsection (1) insert—
“(1A)The Regulator may not modify the conditions of a licence which relate to consumer protection unless the Authority also consents to the modifications.
(1B)Where the Authority proposes to consent to modifications of such conditions, it shall give notice—
(a)stating that it proposes to consent to the modifications and setting out their effect,
(b)stating the reasons why it proposes to consent to the modifications, and
(c)specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and shall, before giving consent, consider any representations or objections which are duly made and not withdrawn.
(1C)If the Authority consents to the modifications, it shall give a copy of any such representations or objections to the Regulator; and the Regulator shall consider them before making the modifications.”
(3)In subsection (2) (notice by Regulator)—
(a)for “under this section” substitute “of any conditions of a licence which do not relate to consumer protection”, and
(b)after “and shall” insert “, before making the modifications,”.
(4)In subsection (3) (giving of notice)—
(a)after “subsection” insert “(1B) or”, and
(b)for “the Regulator” substitute “the Authority, or the Regulator,”.
(5)In subsection (4) (Regulator to send copy of modifications to Health and Safety Executive), after “to” insert “the Authority and”.
7(1)Section 13 (modification references to Competition Commission) is amended as follows.
(2)In subsection (1) (making of reference), for “Regulator” substitute “appropriate authority”.
(3)After that subsection insert—
“(1A)In this section and section 14 below “the appropriate authority” means—
(a)where conditions of the licence addressing the matters specified in the reference would all inevitably be conditions relating to consumer protection, the Authority; and
(b)in any other case, the Regulator.
(1B)Before the Authority makes a reference under this section—
(a)where the licence authorises the operation of trains for the purpose of carrying passengers or goods by railway for hire or reward, it shall obtain the consent of the Regulator; and
(b)in any other case, it shall consult the Regulator.
(1C)Before the Regulator makes a reference under this section—
(a)where any condition of the licence addressing the matters specified in the reference would or may be conditions relating to consumer protection, he shall obtain the consent of the Authority; and
(b)in any other case, he shall consult the Authority.”
(4)In subsection (2) (variation of reference), for “Regulator” substitute “appropriate authority”.
(5)In subsection (3) (matters which may be specified in reference or variation)—
(a)for “Regulator” substitute “appropriate authority”, and
(b)for “his” (in both places) substitute “its”.
(6)In subsection (4) (notice of reference or variation)—
(a)for “Regulator” substitute “appropriate authority”, and
(b)for “he” substitute “it”.
(7)In subsection (5) (copy to Secretary of State), for “Regulator” substitute “appropriate authority”.
(8)In subsection (6) (assistance to Commission)—
(a)for “Regulator” substitute “appropriate authority”,
(b)for “his possession” substitute “the possession of the appropriate authority”,
(c)for “his opinion” substitute “the opinion of the appropriate authority”, and
(d)for “his power” substitute “the power of the appropriate authority”.
8(1)Section 14 (reports on modification references) is amended as follows.
(2)In subsection (4) (report to Regulator), for “Regulator” substitute “appropriate authority”.
(3)In subsection (5) (publication by Regulator)—
(a)for “Regulator” substitute “appropriate authority”, and
(b)for “he” substitute “it”.
(4)After that subsection insert—
“(5A)When the Authority receives such a report it shall send a copy of it to the Regulator; and when the Regulator receives such a report he shall send a copy of it to the Authority.”
(5)In subsection (6) (direction to Regulator to exclude matters against public or commercial interests), for “Regulator” substitute “appropriate authority”.
9(1)Section 15 (modification following report) is amended as follows.
(2)In subsection (1) (duty of Regulator to modify)—
(a)for “Where” substitute “This section applies where”, and
(b)omit the words following paragraph (d).
(3)After that subsection insert—
“(1A)Where the report is made to the Regulator he shall, subject to the following provisions of this section and to section 15A below, make such modifications of the conditions of the licence as appear to him requisite for the purpose of remedying or preventing the adverse effects specified in the report.
(1B)Where the report is made to the Authority it shall, subject to the following provisions of this section and to section 15A below, require the Regulator to make such modifications of the conditions of the licence as appear to it requisite for the purpose of remedying or preventing the adverse effects specified in the report.”
(4)In subsection (2) (Regulator to have regard to modifications specified in report)—
(a)after “making” insert “, or requiring the making of,”, and
(b)after “Regulator” insert “, or Authority,”.
(5)In subsection (3) (notice by Regulator), for “this section” substitute “subsection (1A) above”.
(6)After that subsection insert—
“(3A)Before requiring the Regulator to make modifications under subsection (1B) above, the Authority shall give notice—
(a)stating that it proposes to require the making of the modifications and setting out their effect,
(b)stating the reasons why it proposes to require the making of the modifications, and
(c)specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and shall consider any representations or objections which are duly made and not withdrawn.”
(7)In subsection (4) (giving of notice)—
(a)after “(3)” insert “or (3A)”, and
(b)after “the Regulator” insert “, or the Authority,”.
(8)In subsection (5) (Regulator to send copy of modifications to Health and Safety Executive), after “to” insert “the Authority and”.
10In section 16(3) (Secretary of State to give copies of modifications under section 16), after “Regulator” insert “, to the Authority”.