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Determination of matters by the Office of Rail Regulation

3.—(1) The Office of Rail Regulation may, in respect of each financial year, determine—

(a)the total amount of the railway safety levy to be imposed;

(b)the railway service providers by whom the levy is to be paid;

(c)the criteria for assessing the proportion of the levy to be paid by a particular railway service provider (which may, in particular, refer to the size of a railway service provider’s income or provide for an amount to be reduced or waived in specified circumstances); and

(d)when the levy is to be paid.

(2) The Office of Rail Regulation may revise the determination of any matter specified in paragraph (1), whether before, during or after the financial year to which the determination relates.

(3) In respect of each financial year, the Office of Rail Regulation may calculate the amount of railway safety levy payable by each railway service provider by whom a levy is to be paid and any such calculation shall be made in accordance with the relevant determinations made under paragraph (1)(a) to (c) and those determinations as they may be revised from time to time.

(4) The Office of Rail Regulation shall as soon as reasonably practicable publish each—

(a)determination made in accordance with paragraph (1); and

(b)revision of a determination made in accordance with paragraph (2);

in any manner which it considers appropriate.