16(1)The Channel Tunnel Rail Link Act 1996 is amended as follows.
(2)In section 21 (duties as to exercise of regulatory functions), in subsection (6), at the end of the paragraph about regulatory functions, insert “other than any functions assigned to him by virtue of section 67(3) of that Act (“Competition Act functions”).
(7)The Regulator may, when exercising any Competition Act function, have regard to any matter to which he would have regard if—
(a)he were under the duty imposed by subsection (1) or (2) above in relation to that function; and
(b)the matter is one to which the Director General of Fair Trading could have regard if he were exercising that function.”
(3)In section 22 (restriction of functions in relation to competition etc.), for subsection (3) substitute—
“(3)The Rail Regulator shall not be entitled to exercise any functions assigned to him by section 67(3) of the [1993 c. 43.] Railways Act 1993 (by virtue of which he exercises concurrently with the Director General of Fair Trading certain functions under Part I of the Competition Act 1998 so far as relating to matters connected with the supply of railway services) in relation to—
(a)any agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act that have been entered into or taken by, or
(b)any conduct of the kind mentioned in section 18(1) of that Act that has been engaged in by,
a rail link undertaker in connection with the supply of railway services, so far as relating to the rail link.”