Part IU.K. The Provision of Railway Services

Modifications etc. (not altering text)

C2Pt. 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)

Commencement Information

I1Pt. 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)

Modification of licencesE+W+S

15 Modification following report.E+W+S

(1)[F1This section applies where] a report of the [F2CMA] 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,

F3. . .

[F4(1A)Where the report is made to [F5the Office of Rail and Road] [F6it] 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 [F6it] requisite for the purpose of remedying or preventing the adverse effects specified in the report.

(1B)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Before making [F8, or requiring the making of,] modifications under this section, [F5the Office of Rail and Road], F9. . . , shall have regard to the modifications specified in the report.

(3)Before making modifications under [F10subsection (1A) above], [F5the Office of Rail and Road] shall give notice—

(a)stating that [F6it] proposes to make the modifications and setting out their effect,

(b)stating the reasons why [F6it] 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and shall consider any representations or objections which are duly made and not withdrawn.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)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A notice under subsection (3) F12. . . above shall be given—

(a)by publishing the notice in such manner as [F5the Office of Rail and Road] , F12. . . 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.

[F13(4A)Where (after considering any representations or objections which are duly made and not withdrawn) [F5the Office of Rail and Road] F9. . . proposes to make or require the making of modifications under this section, F14. . . it shall give notice to the [F15CMA] —

(a)setting out the modifications [F6it] proposes to make or F16. . . require to be made; and

(b)stating the reasons why [F6it] proposes to make the modifications or F16. . . require the making of them.

(4B)[F5The Office of Rail and Road] F9. . . 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, [F5the Office of Rail and Road] F9. . . 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, [F5the Office of Rail and Road] F9. . . shall make, or require the making of, such of those modifications as are not specified in the direction.]

(5)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F1Words in s. 15(1) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(2)(a) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F3Words in s. 15(1) repealed (1.2.2001) by 2000 c. 38, ss. 216, 274, Sch. 17 para. 9(2)(b), Sch. 31 Pt. IV (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F4S. 15(1A)(1B) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(3) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F6Word in s. 15 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)

F8Words in s. 15(2) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(4)(a) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F10Words in s. 15(3) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(5) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F12Words in s. 15(4) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59(6), 60(2), Sch. 1 para. 9(c) {Sch. 13 Pt. 1} (with s. 14(4)(5), Sch. 1 para. 10, Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F13S. 15(4A)-(4D) inserted (1.2.2001) by 2000 c. 38, s. 242(1); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F14Words in s. 15(4A) omitted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 7(a) Table}; S.I. 2004/827, art. 4(g)

F16Words in s. 15(4A) omitted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 7(b) Table}; S.I. 2004/827, art. 4(g)

Modifications etc. (not altering text)