Part IV Railways

Chapter II Other provisions about railways

Access agreements

I1230 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) ”.