F215B Making of modifications by [F1CMA] .E+W+S
(1)If the [F3CMA ] give a direction under section 15A above, they shall themselves make such modifications of the conditions of the licence as appear to them requisite for the purpose of remedying or preventing—
(a)the adverse effects specified in their report on the reference under section 13 above; or
(b)such of those adverse effects as would not be remedied or prevented by the modifications made by [F4the Office of Rail Regulation], F5. . . , under section 15(4D) above.
(2)In exercising the function conferred by subsection (1) above, the [F3CMA] shall have regard to the matters as respects which duties are imposed on [F6the Office of Rail and Road] by section 4 above.
(3)Before making modifications under this section, the [F3CMA] shall give notice—
(a)stating that they propose to make the modifications and setting out their effect,
(b)stating the reasons why they propose 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 may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(4)A notice under subsection (3) above shall be given—
(a)by publishing the notice in such manner as the [F3CMA] consider 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.
(5)As soon as practicable after making any modifications under this section, the [F3CMA] shall send a copy of those modifications to [F6the Office of Rail and Road], [F7the Authority and the Health and Safety Executive].
Textual Amendments
F1Word in s. 15B heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 76(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2S. 15B inserted (1.2.2001) by 2000 c. 38, s. 242(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F3Words in ss. 15B(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 76(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Words in s. 15B 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)
F5Words in s. 15B(1)(b) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59(6), 60(2), Sch. 13 Pt. I (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F6Words in s. 15B(2)(5) 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(m)
F7Words in s. 15B(5) repealed (24.7.2005 for certain purposes and otherwise prosp.) by Railways Act 2005 (c. 16), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 15B applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)
C2S. 15B(2) modified (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 5