Railways Act 1993

Consumer protection U.K.

66 Amendments of the Fair Trading Act 1973. U.K.

(1) In section 50 of the 1973 Act, at the beginning of subsection (2) (which prohibits the making of a monopoly reference by the Director General of Fair Trading in connection with monopoly situations arising in relation to the supply of certain goods and services, including the supply of railway services) there shall be inserted the words “Subject to subsection (2A) of this section" and after that subsection there shall be inserted—

“(2A) Subsection (2) of this section shall not preclude the making of a monopoly reference by the Director with respect to the existence or possible existence of a monopoly situation in relation to the supply of such services as are specified in paragraph 5 of Schedule 5 to this Act in Great Britain, except in relation to the supply of any such services by—

(a) a body corporate to which section 16 of this Act applies;

(b) a subsidiary, within the meaning of section 736 of the M1 Companies Act 1985, of any such body corporate; or

(c) a publicly owned railway company, within the meaning of the Railways Act 1993.”

(2) In section 51 of that Act, in subsection (3) (which specifies those Ministers the consent of one or more of whom is required before the Secretary of State for Trade and Industry may make a monopoly reference under that section in connection with monopoly situations arising in relation to the supply of certain goods and services, including the supply of railway services) after the words “the Secretary of State for the Environment," there shall be inserted the words “ the Secretary of State for Transport, ”.

(3) For the purposes of sections 64 to 77 of that Act (merger references), where a person enters into a franchise agreement as a franchisee, there shall be taken to be brought under his control an enterprise, within the meaning of section 63(2) of that Act, engaged in the supply of the railway services to which the agreement relates.

(4) In section 137 of the 1973 Act, in subsection (3) (meaning of the expression “the supply of services"), after paragraph (f) there shall be inserted the words “and

(g) includes the supply of network services and station services, within the meaning of Part I of the Railways Act 1993;”.

(5) In Schedule 5 to the 1973 Act (goods and services in respect of which the making of a monopoly reference is prohibited or made subject to special restrictions) for paragraph 5 (which relates to the carriage of goods or passengers by railway) there shall be substituted—

“5 Services for the carriage of passengers, or of goods, by railway, network services and station services, within the meaning of Part I of the Railways Act 1993, but excluding the carriage of passengers or goods on shuttle services (within the meaning of the M2 Channel Tunnel Act 1987).”

(6) Expressions used in this section and in the 1973 or 1980 Act have the same meaning in this section as they have in that Act.

Marginal Citations

M1 1985 c. 6.

M2 1987 c. 53.

67 Respective functions of the Regulator and the Director General of Fair Trading, and functions of the Monopolies Commission. E+W+S

(1) If and to the extent that he is requested by the Director General of Fair Trading (in this Part referred to as “the Director”) to do so, it shall be the duty of the Regulator to exercise the functions of the Director under Part III of the 1973 Act so far as relating to courses of conduct which are or may be detrimental to the interests of consumers of railway services, whether those interests are economic or interests in respect of health, safety or other matters; and references in that Part to the Director shall be construed accordingly.

(2) There are hereby transferred to the Regulator (so as to be exercisable concurrently with the Director)—

(a) the functions of the Director under sections 44 and 45 of the 1973 Act, and

(b) the functions of the Director under sections 50, 52, 53, 86 and 88 of that Act,

so far as relating to monopoly situations which exist or may exist in relation to the supply of railway services; and references in Part IV and sections 86, 88 and 133 of that Act to the Director shall be construed accordingly.

[F1 (3) The Regulator shall be entitled to exercise, concurrently with the Director, the functions of the Director under the provisions of Part I of the Competition Act 1998 (other than sections 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, or

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

which relate to the supply of [F2 services relating to railways].

[F3 (3ZA) In subsection (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 the Director are to be read as including a reference to the Regulator (except in sections 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) Before either relevant authority (that is to say, the Regulator or the Director) first exercises in relation to any matter functions [F4 mentioned in]any of the following provisions, namely—

(a) paragraph (a) of subsection (2) above,

(b) paragraph (b) of that subsection, and

[F5 (c) subsection (3) above, [and]

F6 (d) paragraph 11 of Schedule 2 to the Deregulation and Contracting Out Act 1994,]

he shall consult the other relevant authority; and neither relevant authority shall exercise in relation to any matter functions [F4 mentioned in] any of those provisions if functions [F4 mentioned in] that provision have been exercised in relation to that matter by the other relevant authority [F7 and.]

(5) It shall be the duty of the Regulator, for the purpose of assisting the [F8 Competition 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 [F8 Competition Commission]by the Regulator by virtue of subsection (2) [F9 or (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 [F10 authority] or a wholly owned subsidiary of the [F10 authority], or

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

(7) A copy of any report of the [F8 Competition Commission] on a monopoly reference which relates to the supply of railway services may be transmitted by the Commission to the Regulator, notwithstanding that the reference was made by a person other than the Regulator or that it could not have been made by him.

(8) If any question arises [F11 in any particular case as to the jurisdiction of the Regulator under any of the provisions mentioned in] subsection (2) or (3) above [F12 or paragraph 11 of Schedule 2 to the Deregulation and Contracting Out Act 1994]. . ., that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—

(a) Part IV or section 86 or 88 of the 1973 Act, or

[F13 (b) Part I of the Competition Act 1998 (other than sections 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 the Director.

(9) Section 93B of the 1973 Act (offences of supplying false or misleading information to the Secretary of State, the Director General of Fair Trading or the [F8 Competition Commission] in connection with their functions under Parts IV, V, VI or VIII of the 1973 Act [F14 or under the 1980 Act]) shall have effect, so far as relating to functions exercisable by the Regulator by virtue of subsection (2) [F15 above and paragraph 1 of Schedule 10 to the Competition Act 1998], as if the reference in subsection (1)(a) of that section to the Director included a reference to the Regulator.

(10) Expressions used in this section and in the 1973 or 1980 Act have the same meaning in this section as they have in that Act.

Textual Amendments

F1 S. 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.

F2 Words in s. 67(3) substituted (1.2.2001) by 2000 c. 38, s. 243(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F3 S. 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)

F4 Words in s. 67(4) substituted (3.1.1995) by 1994 c. 40, s. 12(7), 82(2), Sch. 4 para. 2(d)

F5 S. 67(4)(c) and word “and" immediately after it repealed by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. II para. 6(6), Sch. 14 Pt. I (with s. 73) (which repeal was brought into into force at 26.11.1998 in so far as s. 67(4)(c) and word omitted for specified purposes by virtue of Sch. 10 para. 6(6) 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)

F6 In S. 67(4) para. (d) and word immediately before that inserted (3.1.1995) by 1994 c. 40, ss. 7, 82(2), Sch. 2 para. 12

F7 S. 67(4)(d) and word preceding it inserted (3.1.1995) by 1994 c. 40, ss. 7(2), 82(2), Sch. 2 para. 12

F8 Words in s. 67(5)(6)(a)(7)(9) substituted (1.4.1999) by S.I. 1999/506, s. 33(b)

F9 Words 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)

F10 Word in s. 67(6)(b) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 35; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F11 Words in s. 67(8) substituted (3.1.1995) by 1994 c. 40, ss. 12(7), 82(2), Sch. 4 para. 4

F12 Words in s. 67(8) inserted (3.1.1995) by 1994 c. 40, ss. 7(2), 82(2), Sch. 2 para. 13

F13 S. 67(8)(b) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000 by 1998 c. 41, ss. 66(5), 76(3), Sch. 10 Pt. II para. 6(8) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.

F14 Words in s. 67(9) repealed by 1998 c. 41, ss. 66(5), 76(3), Sch. 10 Pt. II para. 6(9)(a), 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(9) omitted for specified purposes by virtue of Sch. 10 Pt. II para. 6(9)(a) 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.)

F15 Words in s. 67(9) substituted (26.11.1998 for specified purposes and otherwise 1.3 2000) by 1998 c. 41, ss. 66(5), 76(3), Sch. 10 Pt. II para. 6(9)(b) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 67(1) restricted (18.12.1996) by 1996 c. 61, s. 22(1)

C2 S. 67(2) applied (3.1.1995) by 1994 c. 40, s. 7(2), Sch. 2 para. 11(2)

C3 S. 67(3) restricted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 6(1) (with s. 73); S.I. 2000/344, art. 2, Sch.

S. 67(3) restricted (1.3.2000) by 1996 c. 61, s. 22(3) (as substituted (1.3.2000) by 1998 c. 41, s. 66(5), Sch. 10 Pt. IV para. 16(3) (with s. 73); S.I. 2000/344, art. 2, Sch.