Channel Tunnel Rail Link Act 1996

Functions of the Rail Regulator U.K.

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

(1) The [F1 Office of Rail Regulation] shall have an overriding duty to exercise [F2 its] regulatory functions in such a manner as not to impede the performance of any development agreement.

(2) In exercising [F2 its] regulatory functions in relation to the use by a rail link undertaker of any existing network—

(a) for trains used in connection with the construction of the rail link, or

(b) for trains used to provide international services,

the [F1 Office of Rail Regulation] shall also be under a duty to have regard to the financial position of the rail link undertaker.

(3) The [F1 Office of Rail Regulation] may by notice require a person to whose financial position he is required by subsection (2) above to have regard to furnish to [F3 it], in such form and manner as may be specified in the notice, such information relating to that person’s financial position as may be so specified, being information which the [F1 Office of Rail Regulation] considers necessary for the purpose of facilitating the performance of [F2 its] duty under that subsection.

(4) If any person makes default in complying with a notice under subsection (3) above, the High Court may, on the application of the [F1 Office of Rail Regulation], make such order as it thinks fit for requiring the default to be made good.

(5) An order under subsection (4) above may provide that all the costs or expenses of and incidental to the application under that subsection shall be borne by the person in default or, in the case of a company or other association, by any of its officers who are responsible for its default.

(6) In this section—

• “existing”, in relation to a network, means not comprised in the rail link;

• “international services” means services involving travel through the Channel Tunnel;

• “network” has the same meaning as in Part I of the M1 Railways Act 1993; and

references to the [F1 Office of Rail Regulation]’s regulatory functions are to the functions assigned or transferred to [F3 it] under or by virtue of Part I of the Railways Act 1993 [F4 other than any functions assigned to [F3 it] by virtue of section 67(3) of that Act (“Competition Act functions”).

(7) The [F1 Office of Rail Regulation] may, when exercising any Competition Act function, have regard to any matter to which [F3 it] would have regard if—

(a) [F3 it] were under the duty imposed by subsection (1) or (2) above in relation to that function; and

(b) the matter is one to which [F5 the Office of Fair Trading] could have regard if [F6 it] were exercising that function.]

Textual Amendments

F1 Words in s. 21 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(o); S.I. 2004/827, art. 4(g)

F2 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)

F3 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)

F4 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

F5 Words in s. 21(7)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(2)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F6 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)

Marginal Citations

M1 1993 c. 43.

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

F7 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F8 The functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 which are concurrent functions of the Office of Fair Trading and the [F9 Office of Rail Regulation] by virtue of section 67(2) of the Railways Act 1993 shall not be exercisable by the [F9 Office of Rail Regulation]] in relation to the supply by a rail link undertaker of railway services, so far as relating to the rail link.

[F10 (3) The [F9 Office of Rail Regulation] shall not be entitled to exercise any functions assigned to [F11 it] by section 67(3) of the Railways Act 1993 (by virtue of which [F11 it] exercises concurrently with the Office of Fair Trading certain functions under Part 1 of the Competition Act 1998 so far as relating to matters connected with the supply of railway services) in relation to—

(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,

(b) conduct of the kind mentioned in section 18(1) of that Act,

(c) agreements, decisions or concerted practices of the kind mentioned in Article 81(1) of the treaty establishing the European Community, or

(d) conduct which amounts to abuse of the kind mentioned in Article 82 of the treaty establishing the European Community,

entered into, taken by or engaged in by a rail link undertaker in connection with the supply of railway services, so far as relating to the rail link.]

(4) Section 67(4) of the M2 Railways Act 1993 (duty of [F12 the Office of Fair Trading ] to consult the [F9 Office of Rail Regulation] about the exercise of concurrent functions) shall not have effect to require [F13 the Office of Fair Trading ] to consult the [F9 Office of Rail Regulation] about the exercise of any function which the [F9 Office of Rail Regulation] is prevented by subsection (2) or (3) above from exercising.

(5) In this section, “ railway services ” has the same meaning as in the Railways Act 1993.

Textual Amendments

F7 S. 22(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(3)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F8 Words in s. 22(2) substituted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 24(2)

F9 Words in s. 22 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(o); S.I. 2004/827, art. 4(g)

F10 S. 22(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 8(2)

F11 Words in s. 22 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)

F12 Words in s. 22(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(3)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F13 Words in s. 22(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(3)(c)(ii); 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)

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

Marginal Citations

M2 1993 c. 43.