I1C3C4 Part I The Provision of Railway Services

Annotations:
Commencement Information
I1

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

Modifications etc. (not altering text)
C3

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C4

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Modification of licences

C115 Modification following report.

1

F1This section applies where a report of the F15CMA on a reference under section 13 above—

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 modifications of the conditions of the licence, and

d

specifies modifications by which those effects could be remedied or prevented,

F2. . .

C2F31A

Where the report is made to F18the Office of Rail and RoadF4it shall, subject to the following provisions of this section and to section 15A below, make such modifications of the conditions of the licence as appear to F4it requisite for the purpose of remedying or preventing the adverse effects specified in the report.

1B

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Before making F6, or requiring the making of, modifications under this section, F18the Office of Rail and Road, F7. . . , shall have regard to the modifications specified in the report.

3

Before making modifications under F8subsection (1A) above, F18the Office of Rail and Road shall give notice—

a

stating that F4it proposes to make the modifications and setting out their effect,

b

stating the reasons why F4it proposes to make the modifications, and

c

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 modifications may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

3A

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

A notice under subsection (3) F10. . . above shall be given—

a

by publishing the notice in such manner as F18the Office of Rail and Road , F10. . . 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 modifications; and

b

by serving a copy of the notice on the holder of the licence.

F114A

Where (after considering any representations or objections which are duly made and not withdrawn) F18the Office of Rail and RoadF7. . . proposes to make or require the making of modifications under this section, F12. . . it shall give notice to the F16CMA —

a

setting out the modifications F4it proposes to make or F13. . . require to be made; and

b

stating the reasons why F4it proposes to make the modifications or F13. . . require the making of them.

4B

F18The Office of Rail and RoadF7. . . shall include with the notice under subsection (4A) above a copy of any representations and objections which have been considered.

4C

If the period within which a direction may be given by the F17CMA under section 15A below expires without such a direction being given, F18the Office of Rail and RoadF7. . . shall make, or require the making of, the modifications set out in the notice given under subsection (4A) above.

4D

If a direction is given by the F17CMA under section 15A(1)(b) below, F18the Office of Rail and RoadF7. . . shall make, or require the making of, such of those modifications as are not specified in the direction.

5

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.