77. In Article 3 (definitions)—
(a)in the definition of “economic equilibrium test”—
(i)for “Article 11(1) to (4) and Article 11a of Directive 2012/34/EU” substitute “ regulations 5(6) and 33 of the 2016 GB Regulations or, as the case may be, regulations 4(7) and 33 of the 2016 NI Regulations, ”;
(ii)for “a regulatory body” substitute “ the Office of Rail and Road ”;
(iii)for “Article 11(2) of Directive 2012/34/EU” substitute “ regulation 33(4) of the 2016 GB Regulations or, as the case may be, regulation 33(4) of the 2016 NI Regulations ”.
(b)after the definition of 'exclusive right' insert—
‘2016 GB Regulations’ means the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016.
‘2016 NI Regulations’ means the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016.”.
Commencement Information
I1Reg. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)(b)