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Railways Act 1993

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Commencement Orders bringing legislation that affects this Act into force:

Changes following reportE+W+S

12(1)Where a report of the Competition Commission on a reference under paragraph 9 above—E+W+S

(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 the making of relevant changes, and

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

[F1the Office of Rail Regulation] shall, subject to the following provisions of this paragraph and paragraph 13 below, make such relevant changes as appear to [F2it] requisite for the purpose of remedying or preventing the adverse effects specified in the report.

(2)Before making relevant changes under this paragraph, [F1the Office of Rail Regulation] shall have regard to the relevant changes specified in the report.

(3)Before making relevant changes under this paragraph, [F1the Office of Rail Regulation] shall give notice—

(a)stating that [F2it] proposes to make the relevant changes and setting out their effect,

(b)stating the reasons why [F2it] proposes to make the relevant changes,

(c)stating, in relation to each of the proposed relevant changes, the date on which [F2it] proposes that it should come into operation, and

(d)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 relevant changes may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(4)A notice under sub-paragraph (3) above shall be given—

(a)by publishing the notice in such manner as [F1the Office of Rail Regulation] 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 relevant changes; and

(b)by serving a copy of the notice on the persons on whom a copy of the review notice was served.

[F3(4A)Where (after considering any representations and objections which are duly made and not withdrawn) the Office of Rail Regulation proposes to make relevant changes under this paragraph, it must give a notice to the relevant authorities which—

(a)sets out everything that would have to be included in a notice under sub-paragraph (5) with respect to the proposed changes;

(b)specifies a period within which the Secretary of State, the Scottish Ministers or each of them has the opportunity of revising, in the light of those proposals, any information provided under paragraph 1D.

(4B)If in consequence of any revision of that information that is notified to the Office of Rail Regulation within the period specified in that notice, that Office decides to modify its proposals, it must—

(a)give a new notice with respect to the modified proposals under sub-paragraph (3); and

(b)comply again with sub-paragraph (4A) and this sub-paragraph before giving notice of the modified proposals to the Competition Commission.

(4C)The relevant authorities for the purposes of sub-paragraph (4A) are each of the following—

(a)where the Secretary of State was given notice of the review under paragraph 1C, the Secretary of State;

(b)where the Scottish Ministers were given notice of the review under that paragraph, those Ministers; and

(c)in each of those cases, the Treasury.]

(5)Where (after considering any representations or objections which are duly made and not withdrawn [F4and any revisions of information provided under paragraph 1D that were notified within the period specified under sub-paragraph (4A)] ) [F1the Office of Rail Regulation] proposes to make relevant changes under this paragraph, [F2it] shall give notice to the Competition Commission—

(a)setting out the relevant changes [F2it] proposes to make;

(b)stating the reasons why [F2it] proposes to make the relevant changes; and

(c)stating, in relation to each of the proposed relevant changes, the date on which [F2it] proposes that it should come into operation.

(6)[F1the Office of Rail Regulation] shall include with the notice under sub-paragraph (5) above a copy of any representations and objections which have been considered [F5and a copy of any revisions of information provided under paragraph 1D that have been notified within the period specified in the notice under sub-paragraph (4A)].

(7)A date stated in a notice under sub-paragraph (3) or (5) above as that on which a relevant change should come into operation may be a date before the notice is given, provided that it is not before the earliest date specified in the review notice for the coming into operation of a relevant change proposed in it.

(8)If the period within which a direction may be given by the Competition Commission under paragraph 13 below expires without such a direction being given, [F1the Office of Rail Regulation] shall make the relevant changes set out in the notice under sub-paragraph (5) above.

(9)If a direction is given by the Competition Commission under paragraph 13(1)(b) below, [F1the Office of Rail Regulation] shall make such of those relevant changes as are not specified in the direction.

(10)As soon as practicable after making relevant changes under this paragraph, [F1the Office of Rail Regulation] shall send a copy of the relevant changes

[F6(a)where the Secretary of State was given notice of the review under paragraph 1C, to the Secretary of State; and

(b)where the Scottish Ministers were given notice of the review under that paragraph, to those Ministers.]

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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)

F1Words in Sch. 4A 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)

F2Word in Sch. 4A 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)

F6Sch. 4A: para. 12(10)(a)(b) substituted (29.1.2007) for words in para. 12(10) by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 8(5); S.I. 2007/62, art. 2

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