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Railways Act 1993

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Prospective

[F1Duty to have regard to information about desired outputs and finances etc.E+W+S

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Amendments (Textual)

F1Sch. 4A para. 1-1H substituted (29.1.2007) for Sch. 4A para.1 by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 2 (with para. 11); S.I. 2007/62, art. 2

1H(1)The Office of Rail Regulation must conduct an access charges review in the manner that it considers is most likely to secure that the implementation of the review will make the best and most practicable contribution to the achievement of—E+W+S

(a)what the Secretary of State wants to be achieved by railway activities in Great Britain as a whole; and

(b)what the Scottish Ministers want to be achieved by Scottish railway activities.

(2)Where in the case of an access charges review the Office of Rail Regulation considers (notwithstanding any notification or revision under paragraph 1F or 1G) that the public financial resources that are or are likely to become available will be inadequate to secure the achievement of, as the case may be—

(a)everything that the Secretary of State wants to be achieved,

(b)everything that the Scottish Ministers want to be achieved, or

(c)everything that both the Secretary of State and the Scottish Ministers want to be achieved,

it is to be for that Office to determine, for the purposes of the review, how much of what is wanted should be achieved using (but only for the purposes for which they may be applied) all the public financial resources that it considers are or are likely to be available.

(3)In conducting an access charges review the Office of Rail Regulation must have regard to the consequences of compliance by a facility owner who is a party to the access agreement in question with any terms—

(a)of that agreement, or

(b)of any other access agreement to which that facility owner is a party,

that it considers are relevant to a matter notified under paragraph 1G (including, in particular, a term requiring the facility owner to pay compensation or to take mitigatory measures).

(4)In considering the matters mentioned in paragraph 1A(3), the Office of Rail Regulation must have regard to any suggestion made under paragraph 1E, and to any revision of that suggestion.

(5)For the purposes of this paragraph—

(a)expressions used in this paragraph and in paragraph 1D have the same meanings in this paragraph as in that;

(b)what the Secretary of State or the Scottish Ministers want must be determined in every case in accordance with the information provided in that case under paragraph 1D, and with any revisions notified under paragraph 1F(3)(b) or 1G(3)(b); and

(c)the Office of Rail Regulation must have regard to the financial information so provided and revised whenever considering what is likely to make the best and most practicable contribution to the achievement of what the Secretary of State or the Scottish Ministers want.]

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