Part IV Railways

Chapter II Other provisions about railways

Access agreements

230 Regulator’s general approvals of access agreements etc.

(1)

In subsection (1) of section 18 of the M1Railways Act 1993 (access contracts requiring approval of Regulator), after paragraph (b) insert“or

(c)

the access contract is of a class or description specified in a general approval given by the Regulator;”;

and for the words from “which is” to the end substitute “ shall be void unless one of the conditions in paragraphs (a) to (c) above is satisfied. ”

(2)

After subsection (7) of that section insert—

“(7A)

Where the Regulator gives or revokes a general approval under subsection (1)(c) above, he shall publish the approval or revocation in such manner as he considers appropriate.

(7B)

The revocation of a general approval given under subsection (1)(c) above shall not affect the continuing validity of any access contract to which it applied.”

(3)

In subsection (3) of section 19 of that Act (installation access contracts requiring approval of Regulator), after paragraph (b) insert“or

(c)

the installation access contract is of a class or description specified in a general approval given by the Regulator;”;

and for the words from “which is” to the end substitute “ shall be void unless one of the conditions in paragraphs (a) to (c) above is satisfied. ”

(4)

After subsection (5) of that section insert—

“(5A)

Where the Regulator gives or revokes a general approval under subsection (3)(c) above, he shall publish the approval or revocation in such manner as he considers appropriate.

(5B)

The revocation of a general approval given under subsection (3)(c) above shall not affect the continuing validity of any installation access contract to which it applied.”

(5)

In section 72(2)(b)(v) of that Act (provisions of general approvals under section 22(3) to be entered in register kept by Regulator), after “section” insert “ 18(1)(c), 19(3)(c) or ”.

(6)

In section 83(1) of that Act (interpretation), in the definition of “access agreement”—

(a)

in paragraph (a), for “entered into pursuant to directions under section 17 or 18” substitute “ which satisfies one of the conditions in paragraphs (a) to (c) of section 18(1) ”, and

(b)

in paragraph (b), for “entered into pursuant to directions under section 19” substitute “ which satisfies one of the conditions in paragraphs (a) to (c) of section 19(3) ”.