New review notice or [F1reference to CMA] E+W+S
Textual Amendments
F1Words in Sch. 4A para. 8 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 81(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
8(1)This paragraph applies if—E+W+S
(a)objections are duly made by a person within paragraph 4(4)(a) or (b) above (and not withdrawn); or
(b)although no objections are duly made by a person within paragraph 4(4)(a) or (b) above (or any that are so made are withdrawn), relevant objections are duly made (and not withdrawn) in relation to a similar review notice relating to another access agreement.
(2)[F2the Office of Rail and Road] may—
(a)give a new review notice under paragraph 4 above; or
(b)make a reference to the [F3CMA] under paragraph 9 below.
(3)For the purposes of sub-paragraph (1) above—
(a)“relevant objections”, in relation to another access agreement, means objections by a person who is within paragraph 4(4)(a) or (b) above in relation to that other access agreement; and
(b)one review notice is similar to another if they make provision which, in the opinion of [F2the Office of Rail and Road], is to broadly the same effect.
(4)Before acting under sub-paragraph (1) above, [F2the Office of Rail and Road] shall consider the objections referred to in that sub-paragraph.
[F4(4A)Paragraph 1H applies to the making of any determination by [F2the Office of Rail and Road] of what should be included in a new review notice to be given under this paragraph as it applies to the conduct of an access charges review.]
(5)If [F2the Office of Rail and Road] gives a new review notice under paragraph 4 above by virtue of sub-paragraph (2)(a) above, the references in that paragraph and paragraph 7(2) above to [F5its] conclusions on the access charges review shall be read in relation to the new notice as references to those conclusions as modified since the previous review notice (in particular as the result of any objections or representations made in relation to it).
Textual Amendments
F2Words in Sch. 4A paras. 4-9 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(ccc)(ii)
F3Word in Sch. 4A para. 8(2)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 81(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Sch. 4A para. 8(4A) inserted (29.1.2007) by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 6; S.I. 2007/62, art. 2
F5Word in Sch. 4A 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)