I1C5C6 Part I The Provision of Railway Services
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)
Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)
Consumer protection
66 Amendments of the Fair Trading Act 1973.
1
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1F23
For the purposes of Part 3 of the Enterprise Act 2002 (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 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
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46
Expressions used in subsection (3) above and in Part 3 of the Enterprise Act 2002 have the same meaning in that subsection as they have in that Part.
67F24Competition functions of F49the Office of Rail and Road
F51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2C3F62
2A
This subsection applies to the functions of the F26CMA under Part 4 of the Enterprise Act 2002 (other than sections 166F28, 171 and 174E) so far as F29those functions—
a
are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and
b
relate 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) F27above—
a
references in Part 4 of the Act of 2002 to the F30CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to F49the Office of Rail and Road (except in sections 166F31, 171 and 174E of that Act and in any other provision of that Act where the context otherwise F32requires);
b
references in that Part to section 5 of the Act of 2002 are to be construed as including references to section 69(1) of this Act.
F332C
Section 130A of the Act of 2002 is to have effect in its application in relation to F49the Office of Rail and Road by virtue of subsections (2) and (2A)—
a
as if for subsection (1) of that section there were substituted—
1
Where F49the Office of Rail and Road—
a
is proposing to carry out its functions under section 69(1) of the Railways Act 1993 in relation to a matter for the purposes mentioned in subsection (2), and
b
considers that the matter is one in respect of which it would be appropriate for it to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
F49the Office of Rail and Road must publish a notice under this section (referred to in this Part as a “market study notice”).
b
as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the supply of services relating to railways within the meaning of section 67(3ZA) of the Railways Act 1993”.
F7F83
F49The Office of Rail and Road shall be entitled to exercise, concurrently with the F34CMA, the functions of the F34CMA under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6) F36, 40B(1) to (4) 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, F50or
F51c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
which relate to the supply of services relating to railways.
F93ZA
In F10subsections (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 F37the CMA are to be read as including a reference to F49the Office of Rail and Road (F11except in sections 31D(1) to (6), 38(1) to (6)F36, 40B(1) to (4) , 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).
F12C44
4A
5
It shall be the duty of F49the Office of Rail and Road, for the purpose of assisting F38a CMA group in carrying out an investigation on a reference falling within subsection (6) below, to give to the F39group —
a
any information which is in F13its possession and which relates to matters falling within the scope of the investigation and—
i
is requested by the F39group for that purpose; or
b
and the F39group 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
b
any reference made to the F41CMA by the Secretary of State under section 11 of the 1980 Act, if the person who is the subject of the reference is—
i
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
a publicly owned railway company which supplies network services or station services.
F426A
In subsection (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.
7
A copy of any report of the F43CMAF16under section 136 or 142 of the Enterprise Act 2002 which relates to F17the supply of services relating to railways may be transmitted by the F44CMA to F49the Office of Rail and Road, notwithstanding that the reference F18. . . could not have been made by F49the Office of Rail and Road.
8
F47If any question arises as to whether subsection (2) or (3) above applies to any particular case , that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—
a
F19Part 4 of the Enterprise Act 2002, or
F20b
F229
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 F49the Office of Rail and Road by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the F46CMA included references to F49the Office of Rail and Road.
F2310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5
Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)