Railways Act 1993

Other functions of [F1 the Office of Rail and Road] E+W+S

Textual Amendments

F1 Words in s. 68 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1

68 Investigatory functions. E+W+S

(1) Subject to subsection (2) below, it shall be the duty of [F2 the Office of Rail and Road] to investigate any alleged or apprehended contravention of—

(a) a condition of a licence F3 . . . , F4 . . .

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if the alleged or apprehended contravention is the subject of a representation (other than one appearing to him to be frivolous or vexatious) made to [F6 it] by or on behalf of a person who appears to [F2 the Office of Rail and Road] to have an interest in the matter.

(2) [F2 The Office of Rail and Road] may, if [F6 it] thinks fit, require [F7 the [F8 Passengers’ Council]] to investigate and report to [F6 it] on any matter falling within subsection (1) above which relates to—

(a) the provision of services for the carriage of passengers by railway, or

(b) the provision of station services,

and which it would otherwise have been [F9 its] duty to investigate.

Textual Amendments

F2 Words in s. 68 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(pp)

F3 Words in s. 68(1)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F4 S. 68(1)(b) and word immediately preceding it repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt.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)

F5 S. 68(1)(b) omitted (1.2.2001) by virtue of 2000 c. 38, s. 234(7) (with Sch. 28 paras. 12, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F6 Words in s. 68 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)

F7 Words in s. 68(2) substiuted (24.7.2005) by Railways Act 2005 (c. 14), s. 21(2); S.I. 2005/1909, art. 2, Sch.

F8 Words in s. 68(2) substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 6(2)

F9 Word in s. 68 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)

Modifications etc. (not altering text)

C1 S. 68 applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(d)

69 General functions. E+W+S

(1) It shall be the duty of [F10 the Office of Rail and Road], so far as it appears to [F11 it] practicable from time to time to do so—

(a) to keep under review the provision, both in Great Britain and elsewhere, of railway services; and

(b) to collect information with respect to the provision of those services, with a view to facilitating the exercise of [F12 its] functions under this Part.

(2) The Secretary of State may give general directions indicating—

(a) considerations to which [F10 the Office of Rail and Road] should have particular regard in determining the order of priority in which matters are to be brought under review in performing [F12 its] duty under subsection (1)(a) or (b) above; and

(b) considerations to which, in cases where it appears to [F10 the Office of Rail and Road] that any of [F12 its] functions under this Part are exercisable, [F11 it] should have particular regard in determining whether to exercise those functions.

(3) It shall be the duty of [F10 the Office of Rail and Road], where either [F11 it] considers it expedient or [F11 it] is requested by the Secretary of State or [F13 the CMA] to do so, to give information, advice and assistance to the Secretary of State or [F13 the CMA] with respect to any matter in respect of which any function of [F10 the Office of Rail and Road] under this Part is exercisable.

F14 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Words in s. 69 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(qq)

F11 Words in s. 69 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)

F12 Words in s. 69 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)

F13 Words in s. 69(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 106 (with art. 3)

F14 S. 69(4) repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911 {art. 2}, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F15 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F15 S. 70 repealed (1.2.2001) by 2000 c. 38, ss. 216, 274, Sch. 17 para. 28(2), 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)

71 Publication of information and advice. E+W+S

(1) [F16 The Office of Rail and Road] may arrange for the publication, in such form and in such manner as [F17 it] considers appropriate, of such information and advice as it may appear to [F17 it] expedient to give to users or potential users of railway services in Great Britain.

(2) In arranging for the publication of any such information or advice [F16 the Office of Rail and Road] shall have regard to the need for excluding, so far as that is practicable—

(a) any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of [F16 the Office of Rail and Road], seriously and prejudicially affect the interests of that individual; and

(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of [F16 the Office of Rail and Road], seriously and prejudicially affect the interests of that body.

(3) [F18 The CMA] shall consult [F16 the Office of Rail and Road] before publishing under [F19 section 6 of the Enterprise Act 2002] any information or advice which may be published by [F16 the Office of Rail and Road] under this section.

Textual Amendments

F16 Words in s. 71 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(rr)

F17 Word in s. 71 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)

F18 Words in s. 71(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 107 (with art. 3)

F19 Words in s. 71(3) substituted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(11)(b); S.I. 2003/1397, art. 2(1), Sch.