The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004

8.—(1) The Channel Tunnel Rail Link Act 1996(1) is amended as follows.

(2) In section 22 (restriction of functions in relation to competition etc), for subsection (3) there is substituted—

“(3) The Rail Regulator shall not be entitled to exercise any functions assigned to him by section 67(3) of the Railways Act 1993 (by virtue of which he exercises concurrently with the Office of Fair Trading certain functions under Part 1 of the Competition Act 1998 so far as relating to matters connected with the supply of railway services) in relation to—

(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,

(b) conduct of the kind mentioned in section 18(1) of that Act,

(c) agreements, decisions or concerted practices of the kind mentioned in Article 81(1) of the treaty establishing the European Community, or

(d) conduct which amounts to abuse of the kind mentioned in Article 82 of the treaty establishing the European Community,

entered into, taken by or engaged in by a rail link undertaker in connection with the supply of railway services, so far as relating to the rail link.”.

(1)

1996 c. 61.