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(1)The Office of Rail Regulation must carry out activities to monitor how a strategic highways company exercises its functions.
(2)Those activities may include investigating, publishing reports or giving advice to the Secretary of State on—
(a)whether, how and at what cost a strategic highways company has achieved its objectives under a Road Investment Strategy,
(b)objectives for a future Road Investment Strategy, and
(c)the effect of directions and guidance given by the Secretary of State to a strategic highways company under this Part.
(3)The Office may direct a strategic highways company to provide such information as the Office considers necessary for the purpose of carrying out activities under subsection (1).
(4)A direction under subsection (3) may specify the form and manner in which the information is to be provided.
(5)A direction under subsection (3) may not require—
(a)production of a document which the strategic highways company could not be compelled to produce in civil proceedings, or
(b)provision of information which the company could not be compelled to give in evidence in such proceedings.
(6)The strategic highways company must comply with a direction under subsection (3).
(7)The Secretary of State must, in exercising functions under this Part, have regard to any advice given to him or her by the Office under this section.
(8)The Secretary of State must lay a report published by the Office under this section before Parliament.
(9)In Part 2 (Office of Rail Regulation) of the Railways and Transport Safety Act 2003, after section 15 insert—
(1)The Secretary of State may by regulations make provision for the body established by section 15 to be known by a different name.
(2)Regulations under this section may amend this Act or any other enactment, whenever passed or made.
(3)Regulations under this section are to be made by statutory instrument.
(4)A statutory instrument which contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
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