SCHEDULE 3APPLICATION AND MODIFICATION OF STATUTORY PROVISIONS IN RELATION TO SNRPS AND SNRP HOLDERS

Regulation 14

PART 1APPLICATION AND MODIFICATION OF STATUTORY PROVISIONS

Application and modification of statutory provisions to SNRPs and SNRP holders1

Subject to the following paragraphs of this Schedule, the following provisions have effect in relation to SNRPs and SNRP holders as they have effect in relation to licences and holders of licences and as if any reference to a licence or a holder of a licence included a reference to a SNRP or a SNRP holder respectively—

a

section 27 of the Insolvency Act 1986 M1 (protection of interests of creditors and members), as that section is applied by paragraph 10 of Part 1 of Schedule 6 to the 1993 Act;

b

sections 13 to 16 of the 1993 Act M2 (modification references to the Competition Commission and modifications by order);

c

sections 55 to 58 of the 1993 Act M3 (orders for securing compliance);

d

section 68 of the 1993 Act M4 (investigatory functions);

e

subsections (1), (2)(a) (other than sub-paragraphs (ii), (iv) and (viii)),( 3), (4), (7), (8) and (11) of section 72 of the 1993 Act M5 (keeping of register by the ORR);

f

section 168 of the Enterprise Act 2002 M6 (adverse effects on competition);

g

subsections (2) to (5) of section 59 of the Railways Act 2005 M7 (consequential amendments, transitional provisions and repeals); and

h

paragraph 24(2) of Schedule 1 to that Act (non publication of statement of policy under section 57B of the 1993 Act).

PART 2OTHER MODIFICATIONS OF STATUTORY PROVISIONS

Railway administration orders2

Subsection (1B)(b) of section 27 of the Insolvency Act 1986 (protection of interests of creditors and members), as that section is applied by paragraph 10 of Part 1 of Schedule 6 to the 1993 Act, has effect as if the reference to a licence under Part 1 of the Railways Act 1993 included a reference to a SNRP issued pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005.

Modification references to the Competition Commission3

In section 13 of the 1993 Act (modification references to the Competition Commission), subsection (1)(a)(i) has effect as if the reference to a railway asset, or railway assets of a class or description, whose operator acts as such by virtue of a licence included a reference to a railway asset which is, or railway assets of a class or description which are, used for the provision of train services in respect of which a SNRP is held.

4

In section 15 of that Act (modification following report), subsection (1A) has effect as if the reference to section 15A of that Act included a reference to regulation 11 of the Railway (Licensing of Railway Undertakings) Regulations 2005.

5

In section 15B of that Act (making of modifications by Competition Commission), subsection (2) has effect as if at the end there were added “ and shall be bound by paragraph (3) of regulation 11 of the Railway (Licensing of Railway Undertakings) Regulations 2005 as to the requirements which conditions may impose and by paragraph (4) of that regulation ”.

Orders for securing compliance6

In section 55 of the 1993 Act (orders for securing compliance), subsection (5)(a) has effect as if the reference to section 4 of that Act included a reference to regulation 11 of the Railway (Licensing of Railway Undertakings) Regulations 2005.

Keeping of register by the ORR7

In section 72 of the 1993 Act (keeping of register by the ORR), subsection (2)(a)(i) has effect as if the reference to every licence exemption were omitted.

Enterprise Act 2002: regulated markets8

In section 168 of the Enterprise Act 2002 (regulated markets)—

a

subsections (3)(h) and (4)(h) have effect as if the reference to a licence granted under section 8 of the Railways Act 1993 (c. 43) included a reference to a SNRP issued pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005; and

b

subsection (4)(h) has effect as if the reference to section 4 of that Act included a reference to regulation 11 of those Regulations.

Amendment of access agreements9

In its application in relation to SNRPs or SNRP holders, subsection (1) of section 22C of the 1993 Act M8 (amendment of access agreements, and supplementary provisions relating to such agreements) has effect as if the reference to the conditions of a licence, in both places where it occurs, were to the conditions of a SNRP.