Railways Act 1993

Changes over time for: Section 67

Version Superseded: 05/07/2004

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67 Respective functions of the Regulator and the [F1OFT], and functions of the Monopolies Commission.E+W+S

(1)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(2)The functions to which subsection (2A) below applies shall be concurrent functions of the Regulator and the OFT.

(2A)This subsection applies to the functions of the OFT under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to the supply of services relating to railways.

(2B)So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the OFT (including references in provisions of that Act applied by that Part) shall be construed as including references to the Regulator (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).]

[F4[F5(3)The Regulator shall be entitled to exercise, concurrently with the OFT, the functions of the OFT under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6) and 51), so far as relating 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,

which relate to the supply of services relating to railways.]

[F6(3ZA)In [F7subsections (2A) and (3)] above “services relating to railways” means—

(a)railway services;

(b)the provision or maintenance of rolling stock;

(c)the development, maintenance or renewal of a network, station or light maintenance depot; and

(d)the development, provision or maintenance of information systems designed wholly or mainly for facilitating the provision of railway services.

(3ZB)The Secretary of State may by order amend subsection (3ZA) above; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.]

(3A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to [F8the OFT] are to be read as including a reference to the Regulator ([F9except in sections 31D(1) to (6), 38(1) to (6)] , 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).]

[(4)F10Before the OFT or the Regulator first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.

(4A)Neither the OFT nor the Regulator shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.]

(5)It shall be the duty of the Regulator, for the purpose of assisting the [F11Competition Commission] in carrying out an investigation on a reference falling within subsection (6) below, to give to the Commission—

(a)any information which is in his possession and which relates to matters falling within the scope of the investigation and—

(i)is requested by the Commission for that purpose; or

(ii)is information which in his opinion it would be appropriate for that purpose to give to the Commission without any such request; and

(b)any other assistance which the Commission may require and which it is within his power to give, in relation to any such matters;

and the Commission shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.

(6)The references which fall within this subsection are—

(a)any reference made to the [F11Competition Commission]by the Regulator by virtue of subsection (2) [F12or (3)] above; and

(b)any reference made to the Commission by the Secretary of State under section 11 of the 1980 Act, if the person who is the subject of the reference is—

(i)the [F13authority] or a wholly owned subsidiary of the [F13authority], or

(ii)a publicly owned railway company which supplies network services or station services.

(7)A copy of any report of the [F11 Competition Commission][F14under section 136 or 142 of the Enterprise Act 2002] which relates to [F15the supply of services relating to railways] may be transmitted by the Commission to the Regulator, notwithstanding that the reference F16. . . could not have been made by [F17the Regulator].

(8)If any question arises [F18in any particular case as to the jurisdiction of the Regulator under any of the provisions mentioned in] subsection [F19(2A)] or (3) above F20. . . . F21. ., that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—

(a)[F22Part 4 of the Enterprise Act 2002], or

[F23(b)Part I of the Competition Act 1998 ([F24other than sections 31D(1) to (6), 38(1) to (6)] and 51),]

by or in relation to the Regulator on the ground that it should have been done by or in relation to [F8the OFT].

[F25(9)Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Regulator by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the OFT included references to the Regulator.]

(10)F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 67: word in sidenote substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(9)(c); S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)

F2S. 67(1) repealed (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(9)(a), Sch. 26; S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)

F3S. 67(2)-(2B) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 Pt. 2 para. 21(2); S.I. 2003/1397, art. 2(1), Sch.

F4S. 67(3)(3A) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) for s. 67(3) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 6(5) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.

F5S. 67(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), art. 1(b), Sch. 2 para. 6(2)(a)

F6S. 67(3ZA)(3ZB) inserted (1.2.2001) by 2000 c. 38, s. 243(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F7Words in s. 67(3ZA) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(3); S.I. 2003/1397, art. 2, Sch.

F8Words in s. 67(3)(3A)(8) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(9)(b); S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)

F9Words in s. 67(3A) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), art. 1(b), Sch. 2 para. 6(2)(b)

F10S. 67(4)(4A) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(4); S.I. 2003/1397, art. 2(1), Sch.

F11Words in s. 67(5)(6)(a)(7)(9) substituted (1.4.1999) by S.I. 1999/506, s. 33(b)

F12Words in s. 67(6)(a) repealed by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. II para. 6(7), Sch. 14 Pt. I (with s. 73) (which repeal was brought into force at 26.11.1998 in so far as words in s. 67(6)(a) omitted for specified purposes by virtue of Sch. 10 Pt. II para. 6(7) of the repealing Act by S.I. 1998/2750, art. 2 and was brought wholly into force at 1.3.2000 by S.I. 2000/344, art. 2, Sch)