Part I The Channel Tunnel Rail Link

Functions of the F11Office of Rail and Road

Annotations:
Amendments (Textual)

C121 Duties as to exercise of regulatory functions.

1

The F12Office of Rail and Road shall have an overriding duty to exercise F4its regulatory functions in such a manner as not to impede the performance of any development agreement.

F92

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F93

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F94

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F95

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6

In this section—

references to the F12Office of Rail and Road’s regulatory functions are to the functions assigned or transferred to F3it under or by virtue of Part I of the Railways Act 1993 F1other than any functions assigned to F3it by virtue of section 67(3) of that Act (“Competition Act functions”).

7

The F12Office of Rail and Road may, when exercising any Competition Act function, have regard to any matter to which F3it would have regard if—

a

F3 it were under the duty imposed by subsection (1) F7 ... above in relation to that function; and

b

the matter is one to which F10the Competition and Markets Authority could have regard if F2it were exercising that function.

21AF6Fees

1

Subject to this section, the F13Office 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 F13Office 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 F13Office 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 F13Office 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 F13Office 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 F13Office of Rail and Road as a civil debt due to it.

6

The F13Office of Rail and Road may revise a notice under this section by a further such notice.

7

The F13Office of Rail and Road may refund any amount which, further to any revised notice under subsection (6), appears to have been overpaid to it.

F5C222 Restriction of functions in relation to competition etc.

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