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Competition Act 1998

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This is the original version (as it was originally enacted).

Railways

34(1)In this paragraph—

  • “section 131” means section 131 of the [1993 c. 43.] Railways Act 1993 (“the 1993 Act”);

  • “section 131 agreement” means an agreement—

    (a)

    to which the RTPA does not apply immediately before the starting date by virtue of section 131(1); or

    (b)

    in respect of which a direction under section 131(3) is in force immediately before that date;

  • “non-exempt agreement” means an agreement relating to the provision of railway services (whether made before or after the starting date) which is not a section 131 agreement; and

  • “railway services” has the meaning given by section 82 of the 1993 Act.

(2)For a section 131 agreement there is a transitional period of five years.

(3)There is a transitional period for a non-exempt agreement to the extent to which the agreement is at any time before the end of the relevant period required or approved—

(a)by the Secretary of State or the Rail Regulator in pursuance of any function assigned or transferred to him under or by virtue of any provision of the 1993 Act;

(b)by or under any agreement the making of which is required or approved by the Secretary of State or the Rail Regulator in the exercise of any such function; or

(c)by or under a licence granted under Part I of the 1993 Act.

(4)The transitional period conferred by sub-paragraph (3)—

(a)is to be taken to have begun on the starting date; and

(b)ends at the end of the relevant period.

(5)Sub-paragraph (3) is subject to paragraph 20.

(6)Any variation of a section 131 agreement on or after the starting date is to be treated, for the purposes of this paragraph, as a separate non-exempt agreement.

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