The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016

Provision of information to the regulatory body

36.—(1) If the Office of Rail and Road requests information in connection with its functions under these Regulations, section 80 of the Act (duty of certain persons to furnish information on request) applies as if—

(a) in subsection (1)—

(i) for “Licence holders” there were substituted “An infrastructure manager, allocation body, charging body, applicant, service provider or any other party”;

(ii) for “he, they or it” in both places there were substituted “it”; and

(iii) for “functions of the Secretary of State, the Scottish Ministers or (as the case may be) that Office under this Part, the Transport Act 2000 or the Railways Act 2005 or any other function or activity of his, theirs or its in relation to railway services.” there were substituted “of its functions under subordinate legislation made for the purposes of implementing Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast).”;

(b) after subsection (1A) there were added—

“(1B) In subsection (1) “allocation body”, “charging body”, “applicant”, “infrastructure manager” and “service provider” have the same meanings as in the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016(1).”;

(c) in subsection (2) —

(i) for “being not less than 28 days” there were substituted “being not more than one calendar month”; and

(ii) at the end of that subsection there were added:

“save that, in exceptional circumstances, the Office of Rail and Road may authorise a time extension of a further two weeks for compliance with the request.”; and

(d) for “the Secretary of State, the Scottish Ministers or the Office of Rail and Road” in each place there were substituted “the Office of Rail and Road”.

(2) Information which may be requested under section 80 of the Act, as modified by paragraph (1), includes data which are necessary for statistical and market observation purposes.

(1)

S. I. 2016/645.