Channel Tunnel Rail Link Act 1996

Functions of the [F1 Office of Rail and Road] U.K.

Textual Amendments

F1 Words in s. 21 cross-heading substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(l)(ii)

21 Duties as to exercise of regulatory functions. U.K.

(1) The [F2 Office of Rail and Road] shall have an overriding duty to exercise [F3 its] regulatory functions in such a manner as not to impede the performance of any development agreement.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section—

• F5 ...

• F5 ...

• F5 ...

references to the [F2 Office of Rail and Road]’s regulatory functions are to the functions assigned or transferred to [F6 it] under or by virtue of Part I of the Railways Act 1993 [F7 other than any functions assigned to [F6 it] by virtue of section 67(3) of that Act (“Competition Act functions”).

(7) The [F2 Office of Rail and Road] may, when exercising any Competition Act function, have regard to any matter to which [F6 it] would have regard if—

(a) [F6 it ] were under the duty imposed by subsection (1) F8 ... above in relation to that function; and

(b) the matter is one to which [F9 the Competition and Markets Authority] could have regard if [F10 it] were exercising that function.]

Textual Amendments

F2 Words in s. 21 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(l)(iii)

F3 Words in s. 21 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 22(b); S.I. 2004/827, art. 4(g)

F4 S. 21(2)-(5) repealed (22.7.2008) by Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 (c. 5), ss. 3(a), 6(2)

F5 Words in s. 21(6) repealed (22.7.2008) by Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 (c. 5), ss. 3(b), 6(2)

F6 Words in s. 21 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 22(a); S.I. 2004/827, art. 4(g)

F7 Words in s. 21(6) and subsection (7) inserted (1.3.2000) by 1998 c. 41, ss. 54, 66(5), Sch. 10 Pt. IV para. 16(2) (with s. 73); S.I. 2000/344, art. 2

F8 Words in s. 21(7) repealed (22.7.2008) by Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 (c. 5), ss. 3(c), 6(2)

F9 Words in s. 21(7) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 114 (with art. 3)

F10 Word in s. 21(7)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Modifications etc. (not altering text)

C1 S. 21 extended (22.3.2001) by S.I. 2001/1451, art. 7(2)

[F11 21A Fees U.K.

(1) Subject to this section, the [F12 Office of Rail and Road] may by notice require a rail link undertaker to pay a fee in respect of the exercise of any of the [F12 Office of Rail and Road]'s functions in relation to the rail link.

(2) The amount of a fee under subsection (1) in any case shall be—

(a) such amount as is reasonably incurred by the [F12 Office of Rail and Road] in the exercise of the function in relation to the rail link, or

(b) in a case where there is more than one rail link undertaker, such proportion of the amount referred to in paragraph (a) as the [F12 Office of Rail and Road] considers it reasonable for the rail link undertaker to pay.

(3) Subsection (1) does not apply to the functions assigned to the [F12 Office of Rail and Road] by virtue of section 67(2) and (3) of the Railways Act 1993.

(4) A notice under this section must specify—

(a) the amount of the fee to be paid, and

(b) the date by which it is to be paid.

(5) Any amount payable under a notice under this section which remains unpaid after the date specified in the notice may be recovered by the [F12 Office of Rail and Road] as a civil debt due to it.

(6) The [F12 Office of Rail and Road] may revise a notice under this section by a further such notice.

(7) The [F12 Office of Rail and Road] may refund any amount which, further to any revised notice under subsection (6), appears to have been overpaid to it.]

Textual Amendments

F11 S. 21A inserted (22.7.2008) by Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 (c. 5), ss. 4, 6(2)

F12 Words in s. 21A substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(l)(iv)

F13 22 Restriction of functions in relation to competition etc. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 S. 22 omitted (28.11.2005) by virtue of Railways Infrastructure (Access and Management) Regulations 2005 (S.I. 2005/3049), reg. 1(1), Sch. 1 para. 6 (with reg. 4)

Modifications etc. (not altering text)

C2 S. 22 extended (22.3.2001) by S.I. 2001/1451, art. 7(2)