9(1)A reference to the Competition Commission under this paragraph shall be so framed as to require them to investigate and report on the questions specified in sub-paragraph (2) below.
(2)Those questions are—
(a)whether the matters considered on the access charges review which are specified in the reference operate, or may be expected to operate, against the public interest; and
(b)if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by the making of relevant changes.
(3)[F1the Office of Rail Regulation] may, at any time, by notice given to the Competition Commission vary a reference under this paragraph—
(a)by adding to the matters specified in the reference; or
(b)by excluding from the reference some or all of the matters so specified.
(4)On receipt of such a notice the Competition Commission shall give effect to the variation.
(5)[F1the Office of Rail Regulation] may specify in a reference under this paragraph, or a variation of such a reference, for the purpose of assisting the Competition Commission in carrying out the investigation on the reference—
(a)any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and
(b)any relevant changes by which, in his opinion, those effects could be remedied or prevented.
(6)As soon as practicable after making a reference under this paragraph, or a variation of such a reference, the Regulator—
(a)shall serve a copy of the reference or variation on the persons on whom a copy of the review notice was served; and
(b)shall publish particulars of the reference or variation in such manner as he considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.
(7)For the purpose of assisting the Competition Commission in carrying out an investigation on a reference under this paragraph, [F1the Office of Rail Regulation] shall give to the Competition Commission any information in [F2its] possession which relates to matters falling within the scope of the investigation and—
(a)is requested by the Competition Commission for that purpose; or
(b)is information which, in [F2its] opinion, it would be appropriate for that purpose to give to the Competition Commission without any such request;
and any other assistance which the Competition Commission may require, and which it is within [F2its] power to give, in relation to any such matters.
(8)For the purpose of carrying out such an investigation, the Competition Commission shall take account of any information given to them for that purpose under sub-paragraph (7) above.
(9)In determining for the purposes of this paragraph whether any particular matter operates, or may be expected to operate, against the public interest, the Competition Commission shall have regard to the matters as respects which duties are imposed on [F1the Office of Rail Regulation] by section 4 of this Act.
Textual Amendments
F1Words in Sch. 4A substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, Sch. 2 para. 3(a) Table; S.I. 2004/827, art. 4(g)
F2Word in Sch. 4A substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, Sch. 2 para. 3(c) Table; S.I. 2004/827, art. 4(g)