Railways Act 1993

Other functions of [F1the Office of Rail and Road]E+W+S

Textual Amendments

F1Words 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 [F2the 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 [F6it] by or on behalf of a person who appears to [F2the Office of Rail and Road] to have an interest in the matter.

(2)[F2The Office of Rail and Road] may, if [F6it] thinks fit, require [F7the [F8Passengers’ Council]] to investigate and report to [F6it] 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 [F9its] duty to investigate.

Textual Amendments

F4S. 68(1)(b) and word immediately preceding it repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt.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)

F5S. 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)

F6Words 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)

F7Words in s. 68(2) substiuted (24.7.2005) by Railways Act 2005 (c. 14), s. 21(2); S.I. 2005/1909, art. 2, Sch.

F9Word 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)

69 General functions.E+W+S

(1)It shall be the duty of [F10the Office of Rail and Road], so far as it appears to [F11it] 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 [F12its] functions under this Part.

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

(a)considerations to which [F10the 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 [F12its] duty under subsection (1)(a) or (b) above; and

(b)considerations to which, in cases where it appears to [F10the Office of Rail and Road] that any of [F12its] functions under this Part are exercisable, [F11it] should have particular regard in determining whether to exercise those functions.

(3)It shall be the duty of [F10the Office of Rail and Road], where either [F11it] considers it expedient or [F11it] is requested by the Secretary of State or [F13the CMA] to do so, to give information, advice and assistance to the Secretary of State or [F13the CMA] with respect to any matter in respect of which any function of [F10the Office of Rail and Road] under this Part is exercisable.

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

Textual Amendments

F11Words 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)

F12Words 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)

F14S. 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)

F1570. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F15S. 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)[F16The Office of Rail and Road] may arrange for the publication, in such form and in such manner as [F17it] considers appropriate, of such information and advice as it may appear to [F17it] 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 [F16the 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 [F16the 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 [F16the Office of Rail and Road], seriously and prejudicially affect the interests of that body.

(3)[F18The CMA] shall consult [F16the Office of Rail and Road] before publishing under [F19section 6 of the Enterprise Act 2002] any information or advice which may be published by [F16the Office of Rail and Road] under this section.

Textual Amendments

F17Word 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)

F19Words 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.