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Modification of licencesE+W+S

12 Modification by agreement.E+W+S

(1)Subject to the following provisions of this section, [F1the Office of Rail and Road] may modify the conditions of a licence if the holder of the licence consents to the modifications.

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

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

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

(2)Before making modifications [F3under this section], [F1the Office of Rail and Road] shall give notice—

(a)stating that [F4it] proposes to make the modifications and setting out their effect,

(b)stating the reasons why [F4it] proposes to make the modifications, and

(c)specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

and shall[F5, before making the modifications,] consider any representations or objections which are duly made and not withdrawn.

(3)A notice under subsection F6. . . (2) above shall be given—

(a)by publishing the notice in such manner as F7. . . [F1the Office of Rail and Road] considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and

(b)by serving a copy of the notice on the holder of the licence.

(4)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2S. 12 (1A)-(1C) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 5(1) {Sch. 13 Pt. I} (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909 {art. 2}, Sch.

F3Words in s. 12(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 5(2); S.I. 2005/1909 {art. 2}, Sch.

F4Words in s. 12 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F5Words in s. 12(12) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 6(3)(b) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

13 Modification references to the [F9CMA]E+W+S

(1)[F10The Office of Rail and Road] may make to the Monopolies and Mergers Commission (in this Act referred to as the [F11CMA]) a reference which is so framed as to require [F12the CMA] to investigate and report on the questions—

(a)whether any matters which—

(i)relate to the provision of any railway services by means of a railway asset, or railway assets of a class or description, whose operator acts as such by virtue of a licence, and

(ii)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 modifications of the conditions of the licence.

F13(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F10The Office of Rail and Road] may, at any time, by notice given to the [F14CMA] vary a reference under this section by adding to the matters specified in the reference or by excluding from the reference some or all of the matters so specified; and on receipt of any such notice [F15the CMA] shall give effect to the variation.

(3)[F10The Office of Rail and Road] may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the [F16CMA] in carrying out the investigation on the reference—

(a)any effects adverse to the public interest which, in [F17its] opinion, the matters specified in the reference or variation have or may be expected to have; and

(b)any modifications of the conditions of the licence by which, in [F17its] opinion, those effects could be remedied or prevented.

(4)As soon as practicable after making a reference under this section or a variation of such a reference, [F10the Office of Rail and Road]

(a)shall serve a copy of the reference or variation on the holder of the licence; and

(b)shall publish particulars of the reference or variation in such manner as [F18it] considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

(5)[F10The Office of Rail and Road] shall also send a copy of a reference under this section, or a variation of such a reference, to the Secretary of State; and if, before the end of the period of 28 days beginning with the day on which the Secretary of State receives the copy of the reference or variation, the Secretary of State directs the [F19CMA] not to proceed with the reference or, as the case may require, not to give effect to the variation, [F20the CMA] shall comply with the direction.

(6)It shall be the duty of [F10the Office of Rail and Road], for the purpose of assisting the [F21CMA] in carrying out an investigation on a reference under this section, to give to [F22the CMA]

(a)any information in [F23the possession of [F10the Office of Rail and Road]] which relates to matters falling within the scope of the investigation and—

(i)is requested by [F22the CMA] for that purpose; or

(ii)is information which, in [F23the opinion of [F10the Office of Rail and Road]], it would be appropriate for that purpose to give to [F22the CMA] without any such request; and

(b)any other assistance which [F22the CMA] may require, and which it is within [F23the power of [F10the Office of Rail and Road]] to give, in relation to any such matters;

and [F22the CMA], for the purpose of carrying out any such investigation, shall take account of any information given to them for that purpose under this subsection.

(7)In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the [F24CMA] shall have regard to the matters as respects which duties are imposed on F25. . . [F10the Office of Rail and Road] by section 4 above.

F26(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

[F27(10)The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 13B and 15C).]

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Amendments (Textual)

F17Words in s. 13(3) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 7(5) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F18Words in s. 13(4) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 7(6) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F23Words in s. 13(6) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 7(8) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F25Words in s. 13(7) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F26S. 13(8)(8A) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(3)(b), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)

Modifications etc. (not altering text)

[F2813A References under section 13: time limitsE+W+S

(1)Every reference under section 13 above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.

(2)A report of the [F29CMA] on a reference under section 13 above shall not have effect (and no action shall be taken in relation to it under section 15 below) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by [F30the Office of Rail and Road] under subsection (3) below.

(3)[F30The Office of Rail and Road] may, if it has received representations on the subject from the [F29CMA] and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.

(4)No more than one extension is possible under subsection (3) above in relation to the same reference.

(5)[F30The Office of Rail and Road] shall, in the case of an extension made by it under subsection (3) above—

(a)publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

(b)send a copy of what has been published by it under paragraph (a) above to the holder of the licence.]

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Amendments (Textual)

F28Ss. 13A, 13B inserted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(4); S.I. 2003/1397, art. 2(1), Sch.

Modifications etc. (not altering text)

F3113B References under section 13: application of Enterprise Act 2002E+W+S

(1)The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections [F32(1A),] (2) and (3) below, for the purposes of references under section 13 above as they apply for the purposes of references under that Part—

(a)section 109 (attendance of witnesses and production of documents etc.);

(b)section 110 (enforcement of powers under section 109: general);

(c)section 111 (penalties);

(d)section 112 (penalties: main procedural requirements);

(e)section 113 (payments and interest by instalments);

(f)section 114 (appeals in relation to penalties);

(g)section 115 (recovery of penalties); and

(h)section 116 (statement of policy).

[F33(1A)Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—

(a)for subsection (A1), there were substituted—

(A1)For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under section 13 of the Railways Act 1993., and

(b)subsection (8A) were omitted.]

(2)Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—

(a)subsection (2) were omitted; F34...

[F35(aa)after subsection (3), there were inserted—

(3A)No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.; and]

(b)in subsection (9) the words from “or section" to “section 65(3))" were omitted.

[F36(3)Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—

(ii)if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period..]

(4)Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the [F37CMA] in connection with references under section 13 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), [F38

(a)the words “, OFCOM or the Secretary of State” were omitted; and

(b)for the words “their functions” there were substituted “ its functions ”.]

(5)Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders), shall, for the purposes of the application of those sections by virtue of subsection (1) or (4) above, have effect in relation to those sections as applied by those subsections.

(6)Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

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Amendments (Textual)

F31Ss. 13A, 13B inserted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(4); S.I. 2003/1397, art. 2(1), Sch.

Modifications etc. (not altering text)

14 Reports on modification references.E+W+S

(1)In making a report on a reference under section 13 above, the [F39CMA]

(a)shall include in the report definite conclusions on the questions comprised in the reference together with such an account of their reasons for those conclusions as in their opinion is expedient for facilitating a proper understanding of those questions and of their conclusions;

(b)where they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; and

(c)where they conclude that any adverse effects so specified could be remedied or prevented by modifications of the conditions of the licence, shall specify in the report modifications by which those effects could be remedied or prevented.

[F40(1A)For the purposes of sections 15 to 15B below, a conclusion contained in a report of the [F41CMA] is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted [F42by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference].

(1B)If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 13 above as the conclusions of the [F43CMA], the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44(3)For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the [F45CMA] on a reference under section 13 above.

(3A)In making any report on a reference under section 13 above the [F45CMA] must have regard to the following considerations before disclosing any information.

(3B)The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the [F45CMA] thinks is contrary to the public interest.

(3C)The second consideration is the need to exclude from disclosure (so far as practicable)—

(a)commercial information whose disclosure the [F45CMA] thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b)information relating to the private affairs of an individual whose disclosure the [F45CMA] thinks might significantly harm the individual’s interests.

(3D)The third consideration is the extent to which the disclosure of the information mentioned in subsection (3C)(a) or (b) above is necessary for the purposes of the report.]

(4)A report of [F46 the [F47CMA]] on a reference under section 13 above shall be made to [F48the Office of Rail and Road].

(5)Subject to subsection (6) below, [F48the Office of Rail and Road]

(a)shall, on receiving such a report, send a copy of it to the holder of the licence to which the report relates and to the Secretary of State; and

(b)shall, not less than 14 days after that copy is received by the Secretary of State, publish the report in such manner as [F49it] considers appropriate for bringing the report to the attention of persons likely to be affected by it.

F50(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)If it appears to the Secretary of State that the publication of any matter in such a report would be against the public interest or the commercial interests of any person, he may, before the end of the period of 14 days mentioned in paragraph (b) of subsection (5) above, direct [F48the Office of Rail and Road] to exclude that matter from every copy of the report to be published by virtue of that paragraph.

(7)Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

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Amendments (Textual)

F40S 14(1A)(1B) inserted (20.6.2003) by 2002 c. 40, ss 278, 279, Sch. 25 para. 30(5)(a); S.I. 2003/1397, art. 2(1), Sch.

F44S. 14(3)-(3D) substituted (20.6.2003) for s. 14(3) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(5)(b); S.I. 2003/1397, art. 2(1), Sch.

F46Words in s. 14(1)-(2) substituted (1.4.1999) by S.I. 1999/506, art. 33(b)

F49Words in s. 14(5) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 8(3) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Modifications etc. (not altering text)

15 Modification following report.E+W+S

(1)[F51This section applies where] a report of the [F52CMA] on a reference under section 13 above—

(a)includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest,

(b)specifies effects adverse to the public interest which those matters have or may be expected to have,

(c)includes conclusions to the effect that those effects could be remedied or prevented by modifications of the conditions of the licence, and

(d)specifies modifications by which those effects could be remedied or prevented,

F53. . .

[F54(1A)Where the report is made to [F55the Office of Rail and Road] [F56it] shall, subject to the following provisions of this section and to section 15A below, make such modifications of the conditions of the licence as appear to [F56it] requisite for the purpose of remedying or preventing the adverse effects specified in the report.

(1B)F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Before making [F58, or requiring the making of,] modifications under this section, [F55the Office of Rail and Road], F59. . . , shall have regard to the modifications specified in the report.

(3)Before making modifications under [F60subsection (1A) above], [F55the Office of Rail and Road] shall give notice—

(a)stating that [F56it] proposes to make the modifications and setting out their effect,

(b)stating the reasons why [F56it] proposes to make the modifications, and

(c)specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(3A)F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A notice under subsection (3) F62. . . above shall be given—

(a)by publishing the notice in such manner as [F55the Office of Rail and Road] , F62. . . considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and

(b)by serving a copy of the notice on the holder of the licence.

[F63(4A)Where (after considering any representations or objections which are duly made and not withdrawn) [F55the Office of Rail and Road] F59. . . proposes to make or require the making of modifications under this section, F64. . . it shall give notice to the [F65CMA]

(a)setting out the modifications [F56it] proposes to make or F66. . . require to be made; and

(b)stating the reasons why [F56it] proposes to make the modifications or F66. . . require the making of them.

(4B)[F55The Office of Rail and Road] F59. . . shall include with the notice under subsection (4A) above a copy of any representations and objections which have been considered.

(4C)If the period within which a direction may be given by the [F67CMA] under section 15A below expires without such a direction being given, [F55the Office of Rail and Road] F59. . . shall make, or require the making of, the modifications set out in the notice given under subsection (4A) above.

(4D)If a direction is given by the [F67CMA] under section 15A(1)(b) below, [F55the Office of Rail and Road] F59. . . shall make, or require the making of, such of those modifications as are not specified in the direction.]

(5)F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

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Amendments (Textual)

F51Words in s. 15(1) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(2)(a) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F53Words in s. 15(1) repealed (1.2.2001) by 2000 c. 38, ss. 216, 274, Sch. 17 para. 9(2)(b), Sch. 31 Pt. IV (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F54S. 15(1A)(1B) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(3) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F56Word in s. 15 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F58Words in s. 15(2) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(4)(a) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F60Words in s. 15(3) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(5) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F62Words in s. 15(4) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59(6), 60(2), Sch. 1 para. 9(c) {Sch. 13 Pt. 1} (with s. 14(4)(5), Sch. 1 para. 10, Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F63S. 15(4A)-(4D) inserted (1.2.2001) by 2000 c. 38, s. 242(1); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F64Words in s. 15(4A) omitted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 7(a) Table}; S.I. 2004/827, art. 4(g)

F66Words in s. 15(4A) omitted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 7(b) Table}; S.I. 2004/827, art. 4(g)

Modifications etc. (not altering text)

[F6915A [F70CMA's] power to veto modifications following report.E+W+S

(1)The [F71CMA] may, within the period of four weeks beginning with the day on which they are given notice under section 15(4A) above, give a direction to [F72the Office of Rail and Road] F73. . . —

(a)not to make, or require the making of, the modifications set out in the notice; or

(b)not to make such of those modifications as are specified in the direction.

(2)The Secretary of State may, if an application is made to him by the [F71CMA] within that period of four weeks, extend the period within which a direction may be given under this section to one of six weeks beginning with the day on which the [F71CMA] are given notice under section 15(4A) above.

(3)The [F71CMA] may give a direction under this section only if the modifications to which it relates do not appear to them requisite for the purpose of remedying or preventing the adverse effects specified in their report on the reference under section 13 above.

(4)If the [F71CMA] give a direction under this section, they shall give notice—

(a)setting out the modifications contained in the notice given under section 15(4A) above;

(b)setting out the direction; and

(c)stating the reasons why they are giving the direction.

(5)A notice under subsection (4) above shall be given—

(a)by publishing the notice in such manner as the [F71CMA] consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the direction; and

(b)by serving a copy of the notice on the holder of the licence.]

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Amendments (Textual)

F69S. 15A inserted (1.2.2001) by 2000 c. 38, s. 242(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Modifications etc. (not altering text)

F7515B Making of modifications by [F74CMA] .E+W+S

(1)If the [F76CMA ] give a direction under section 15A above, they shall themselves make such modifications of the conditions of the licence as appear to them requisite for the purpose of remedying or preventing—

(a)the adverse effects specified in their report on the reference under section 13 above; or

(b)such of those adverse effects as would not be remedied or prevented by the modifications made by [F77the Office of Rail Regulation], F78. . . , under section 15(4D) above.

(2)In exercising the function conferred by subsection (1) above, the [F76CMA] shall have regard to the matters as respects which duties are imposed on [F79the Office of Rail and Road] by section 4 above.

(3)Before making modifications under this section, the [F76CMA] shall give notice—

(a)stating that they propose to make the modifications and setting out their effect,

(b)stating the reasons why they propose to make the modifications, and

(c)specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(4)A notice under subsection (3) above shall be given—

(a)by publishing the notice in such manner as the [F76CMA] consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and

(b)by serving a copy of the notice on the holder of the licence.

(5)As soon as practicable after making any modifications under this section, the [F76CMA] shall send a copy of those modifications to [F79the Office of Rail and Road], [F80the Authority and the Health and Safety Executive].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F75S. 15B inserted (1.2.2001) by 2000 c. 38, s. 242(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F77Words in s. 15B 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)

F80Words in s. 15B(5) repealed (24.7.2005 for certain purposes and otherwise prosp.) by Railways Act 2005 (c. 16), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

Modifications etc. (not altering text)

F8115C Sections 15A and 15B: supplementary.E+W+S

[F82(1)For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 15A(4) or 15B(3) above.

(2)In giving any notice under section 15A(4) or 15B(3) above, the [F83CMA] must have regard to the following considerations before disclosing any information.

(2A)The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the [F83 CMA] thinks is contrary to the public interest.

(2B)The second consideration is the need to exclude from disclosure (so far as practicable)—

(a)commercial information whose disclosure the [F83CMA] thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b)information relating to the private affairs of an individual whose disclosure the [F83CMA] thinks might significantly harm the individual’s interests.

(2C)The third consideration is the extent to which the disclosure of the information mentioned in subsection (2B)(a) or (b) above is necessary for the purposes of the notice.

(2D)The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections [F84(2DA),] (2E) and (2F) below, for the purposes of any investigation by the [F85CMA] for the purposes of the exercise of its functions under section 15A or 15B above, as they apply for the purposes of any investigation on references under that Part—

(a)section 109 (attendance of witnesses and production of documents etc.);

(b)section 110 (enforcement of powers under section 109: general);

(c)section 111 (penalties);

(d)section 112 (penalties: main procedural requirements);

(e)section 113 (payments and interest by instalments);

(f)section 114 (appeals in relation to penalties);

(g)section 115 (recovery of penalties); and

(h)section 116 (statement of policy).

[F86(2DA)Section 109 shall, in its application by virtue of subsection (2D) above, have effect as if—

(a)for subsection (A1), there were substituted—

(A1)For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under section 15A or 15B of the Railways Act 1993., and

(b)subsection (8A) were omitted.]

(2E)Section 110 shall, in its application by virtue of subsection (2D) above, have effect as if—

(a)subsection (2) were omitted;

[F87(b)after subsection (3), there were inserted—

(3A)No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the sending of a copy to [F88the Office of Rail and Road] under section 15B(5) of the Railways Act 1993 of the modifications made by the CMA in connection with the reference concerned or, if no direction has been given by the CMA under section 15A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.; and]

(c)in subsection (9) the words from “or section" to “section 65(3))" were omitted.

(2F)Section 111(5)(b) shall, in its application by virtue of subsection (2D) above, have effect as if for sub-paragraph (ii) there were substituted—

“(ii)if earlier, the day on which a copy of the modifications made by the [F89CMA] in connection with the reference concerned is sent to [F90the Office of Rail and Road] under section 15B(5) of the Railways Act 1993 or, if no direction is given by the [F89CMA] under section 15A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. ".

(2G)Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the [F91CMA] in connection with the exercise of its functions under section 15A and 15B above as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), [F92

(a)the words “, OFCOM or the Secretary of State” were omitted; and

(b)or the words “their functions” there were substituted “ its functions ”.]

(2H)Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (2D) or (2G) above, have effect in relation to those sections as applied by virtue of those subsections.

(2I)Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.]

(2)The provisions are—

(a)sections 82(1) and (2) (general provisions as to reports), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the 1973 Act;

(b)Part II of Schedule 7 to the M1Competition Act 1998 (performance of the Competition Commission’s general functions); and

(c)section 24 of the 1980 Act (modification of provisions about performance of such functions).

(3)For the purpose of assisting the [F93CMA] in exercising their functions under sections 15A and 15B above, [F94the Office of Rail and Road] F95. . . shall F95. . . give to the [F93CMA] any information in F96. . . its possession which relates to matters relevant to the exercise of those functions and—

(a)is requested by the [F93CMA] for that purpose; or

(b)is information which, in F96. . . its opinion, it would be appropriate for that purpose to give to the [F93CMA] without any such request;

and any other assistance which the [F93CMA] may require, and which it is within F96. . . its power to give, in relation to any such matters.

(4)For the purpose of exercising those functions, the [F93CMA] shall take account of any information given to them for that purpose under subsection (3) above.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F81S. 15C inserted (1.2.2001) by 2000 c. 38, s. 242(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F82S. 15C(1)-(2I) substituted for s. 15C(1)(2) (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(6); S.I. 2003, {art. 2(1)}, Sch.

Modifications etc. (not altering text)

Marginal Citations

16 Modification by order under other enactments.E+W+S

[F97(1)Where the [F98CMA] or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of the conditions of a licence to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)In subsection (1) above “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the supply of services relating to railways; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the supply of services relating to railways; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market [F99or markets] in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the supply of services relating to railways.]

(3)As soon as practicable after making any modifications under this section, the [F100relevant authority] shall send a copy of those modifications to [F101the Office of Rail and Road], [F102the Authority and to the Health and Safety Executive].

(4)Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

[F103(5)Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part; and in subsection (2) above “services relating to railways” has the same meaning as in section 67(2A) of this Act.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F100Words in s. 16(3) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 Pt. 1 para. 10(3); S.I. 2003/1397, art. 2(1), Sch.

F102Words in s. 16(3) repealed (24.7.2005 for certain purposes and otherwise prosp.) by Railways Act 2005 (c. 16), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

Modifications etc. (not altering text)

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