Railways Act 1993

Modification of licences E+W+S

12 Modification by agreement. E+W+S

(1) Subject to the following provisions of this section, [F1 the Office of Rail and Road] may modify the conditions of a licence if the holder of the licence consents to the modifications.

F2 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Before making modifications [F3 under this section], [F1 the Office of Rail and Road] shall give notice—

(a) stating that [F4 it] proposes to make the modifications and setting out their effect,

(b) stating the reasons why [F4 it] proposes to make the modifications, and

(c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

and shall[F5 , before making the modifications,] consider any representations or objections which are duly made and not withdrawn.

(3) A notice under subsection F6 . . . (2) above shall be given—

(a) by publishing the notice in such manner as F7 . . . [F1 the Office of Rail and Road] considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and

(b) by serving a copy of the notice on the holder of the licence.

(4) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 12 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(g)

F2 S. 12 (1A)-(1C) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 5(1) {Sch. 13 Pt. I} (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909 {art. 2}, Sch.

F3 Words in s. 12(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 5(2); S.I. 2005/1909 {art. 2}, Sch.

F4 Words in s. 12 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F5 Words in s. 12(12) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 6(3)(b) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F6 Words in s. 12(3) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. I (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F7 Words in s. 12(3) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. I (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F8 S.12(4) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. I (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

13 Modification references to the [F9 CMA] E+W+S

(1) [F10 The Office of Rail and Road] may make to the Monopolies and Mergers Commission (in this Act referred to as the [F11 CMA]) a reference which is so framed as to require [F12 the CMA] to investigate and report on the questions—

(a) whether any matters which—

(i) relate to the provision of any railway services by means of a railway asset, or railway assets of a class or description, whose operator acts as such by virtue of a licence, and

(ii) are specified in the reference,

operate, or may be expected to operate, against the public interest; and

(b) if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of the licence.

F13 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F10 The Office of Rail and Road] may, at any time, by notice given to the [F14 CMA] vary a reference under this section by adding to the matters specified in the reference or by excluding from the reference some or all of the matters so specified; and on receipt of any such notice [F15 the CMA] shall give effect to the variation.

(3) [F10 The Office of Rail and Road] may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the [F16 CMA] in carrying out the investigation on the reference—

(a) any effects adverse to the public interest which, in [F17 its] opinion, the matters specified in the reference or variation have or may be expected to have; and

(b) any modifications of the conditions of the licence by which, in [F17 its] opinion, those effects could be remedied or prevented.

(4) As soon as practicable after making a reference under this section or a variation of such a reference, [F10 the Office of Rail and Road]—

(a) shall serve a copy of the reference or variation on the holder of the licence; and

(b) shall publish particulars of the reference or variation in such manner as [F18 it] considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

(5) [F10 The Office of Rail and Road] shall also send a copy of a reference under this section, or a variation of such a reference, to the Secretary of State; and if, before the end of the period of 28 days beginning with the day on which the Secretary of State receives the copy of the reference or variation, the Secretary of State directs the [F19 CMA] not to proceed with the reference or, as the case may require, not to give effect to the variation, [F20 the CMA] shall comply with the direction.

(6) It shall be the duty of [F10 the Office of Rail and Road], for the purpose of assisting the [F21 CMA] in carrying out an investigation on a reference under this section, to give to [F22 the CMA] —

(a) any information in [F23 the possession of [F10 the Office of Rail and Road]] which relates to matters falling within the scope of the investigation and—

(i) is requested by [F22 the CMA] for that purpose; or

(ii) is information which, in [F23 the opinion of [F10 the Office of Rail and Road]], it would be appropriate for that purpose to give to [F22 the CMA] without any such request; and

(b) any other assistance which [F22 the CMA] may require, and which it is within [F23 the power of [F10 the Office of Rail and Road]] to give, in relation to any such matters;

and [F22 the CMA], for the purpose of carrying out any such investigation, shall take account of any information given to them for that purpose under this subsection.

(7) In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the [F24 CMA] shall have regard to the matters as respects which duties are imposed on F25 . . . [F10 the Office of Rail and Road] by section 4 above.

F26 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

[F27 (10) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 13B and 15C).]

Textual Amendments

F9 Word in s. 13 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(9); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F10 Words in s. 13 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(h)

F11 Word in s. 13(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12 Words in s. 13(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F13 S. 13(1A)-(1C) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 paras. 6(b), 10, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F14 Word in s. 13(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F15 Words in s. 13(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F16 Word in s. 13(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F17 Words in s. 13(3) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 7(5) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F18 Words in s. 13(4) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 7(6) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F19 Word in s. 13(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(5)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F20 Words in s. 13(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(5)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F21 Word in s. 13(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(6)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F22 Words in s. 13(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(6)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F23 Words in s. 13(6) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 7(8) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F24 Word in s. 13(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(7); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F25 Words in s. 13(7) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F26 S. 13(8)(8A) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(3)(b), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)

F27 S. 13(10) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications etc. (not altering text)

C1 S. 13 applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)

C2 S.13(1)(a)(i) modified (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 3

[F28 13A References under section 13: time limits E+W+S

(1) Every reference under section 13 above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.

(2) A report of the [F29 CMA] on a reference under section 13 above shall not have effect (and no action shall be taken in relation to it under section 15 below) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by [F30 the Office of Rail and Road] under subsection (3) below.

(3) [F30 The Office of Rail and Road] may, if it has received representations on the subject from the [F29 CMA] and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.

(4) No more than one extension is possible under subsection (3) above in relation to the same reference.

(5) [F30 The Office of Rail and Road] shall, in the case of an extension made by it under subsection (3) above—

(a) publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

(b) send a copy of what has been published by it under paragraph (a) above to the holder of the licence.]

Textual Amendments

F28 Ss. 13A, 13B inserted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(4); S.I. 2003/1397, art. 2(1), Sch.

F29 Word in s. 13A(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 71; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F30 Words in s. 13A substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(i)

Modifications etc. (not altering text)

C3 S. 13A applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)

F31 13B References under section 13: application of Enterprise Act 2002 E+W+S

(1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections [F32 (1A),] (2) and (3) below, for the purposes of references under section 13 above as they apply for the purposes of references under that Part—

(a) section 109 (attendance of witnesses and production of documents etc.);

(b) section 110 (enforcement of powers under section 109: general);

(c) section 111 (penalties);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

[F33 (1A) Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under section 13 of the Railways Act 1993.”, and

(b) subsection (8A) were omitted.]

(2) Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—

(a) subsection (2) were omitted; F34 ...

[F35 (aa) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and]

(b) in subsection (9) the words from “or section" to “section 65(3))" were omitted.

[F36 (3) Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—

“(ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.]

(4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the [F37 CMA] in connection with references under section 13 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), [F38 —

(a) the words “, OFCOM or the Secretary of State” were omitted; and

(b) for the words “their functions” there were substituted “ its functions ”.]

(5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders), shall, for the purposes of the application of those sections by virtue of subsection (1) or (4) above, have effect in relation to those sections as applied by those subsections.

(6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

Textual Amendments

F31 Ss. 13A, 13B inserted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(4); S.I. 2003/1397, art. 2(1), Sch.

F32 Word in s. 13B(1) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 101(2) (with art. 3, Sch. 2 para. 2)

F33 S. 13B(1A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 101(3) (with art. 3, Sch. 2 para. 2)

F34 Word in s. 13B(2)(a) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 101(4)(a) (with art. 3, Sch. 2 para. 2)

F35 S. 13B(2)(aa) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 101(4)(b) (with art. 3, Sch. 2 para. 2)

F36 S. 13B(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 101(5) (with art. 3, Sch. 2 para. 2)

F37 Word in s. 13B(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 72(1)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F38 Words in s. 13B(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 72(1)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications etc. (not altering text)

C4 S. 13B applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)

14 Reports on modification references. E+W+S

(1) In making a report on a reference under section 13 above, the [F39 CMA]—

(a) shall include in the report definite conclusions on the questions comprised in the reference together with such an account of their reasons for those conclusions as in their opinion is expedient for facilitating a proper understanding of those questions and of their conclusions;

(b) where they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; and

(c) where they conclude that any adverse effects so specified could be remedied or prevented by modifications of the conditions of the licence, shall specify in the report modifications by which those effects could be remedied or prevented.

[F40 (1A) For the purposes of sections 15 to 15B below, a conclusion contained in a report of the [F41 CMA] is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted [F42 by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference].

(1B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 13 above as the conclusions of the [F43 CMA], the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44 (3) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the [F45 CMA] on a reference under section 13 above.

(3A) In making any report on a reference under section 13 above the [F45 CMA] must have regard to the following considerations before disclosing any information.

(3B) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the [F45 CMA] thinks is contrary to the public interest.

(3C) The second consideration is the need to exclude from disclosure (so far as practicable)—

(a) commercial information whose disclosure the [F45 CMA] thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b) information relating to the private affairs of an individual whose disclosure the [F45 CMA] thinks might significantly harm the individual’s interests.

(3D) The third consideration is the extent to which the disclosure of the information mentioned in subsection (3C)(a) or (b) above is necessary for the purposes of the report.]

(4) A report of [F46 the [F47 CMA]] on a reference under section 13 above shall be made to [F48 the Office of Rail and Road].

(5) Subject to subsection (6) below, [F48 the Office of Rail and Road]—

(a) shall, on receiving such a report, send a copy of it to the holder of the licence to which the report relates and to the Secretary of State; and

(b) shall, not less than 14 days after that copy is received by the Secretary of State, publish the report in such manner as [F49 it] considers appropriate for bringing the report to the attention of persons likely to be affected by it.

F50 (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If it appears to the Secretary of State that the publication of any matter in such a report would be against the public interest or the commercial interests of any person, he may, before the end of the period of 14 days mentioned in paragraph (b) of subsection (5) above, direct [F48 the Office of Rail and Road] to exclude that matter from every copy of the report to be published by virtue of that paragraph.

(7) Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

Textual Amendments

F39 Word in s. 14(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F40 S 14(1A)(1B) inserted (20.6.2003) by 2002 c. 40, ss 278, 279, Sch. 25 para. 30(5)(a); S.I. 2003/1397, art. 2(1), Sch.

F41 Word in s. 14(1A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F42 Words in s. 14(1A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F43 Word in s. 14(1B) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F44 S. 14(3)-(3D) substituted (20.6.2003) for s. 14(3) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(5)(b); S.I. 2003/1397, art. 2(1), Sch.

F45 Words in s. 14(3)-(3C) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F46 Words in s. 14(1)-(2) substituted (1.4.1999) by S.I. 1999/506, art. 33(b)

F47 Word in s. 14(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F48 Words in s. 14 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(j)

F49 Words in s. 14(5) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 8(3) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F50 S. 14(5A) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 paras. 8(b), 10, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch

Modifications etc. (not altering text)

C5 S. 14 applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)

15 Modification following report. E+W+S

(1) [F51 This section applies where] a report of the [F52 CMA] on a reference under section 13 above—

(a) includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest,

(b) specifies effects adverse to the public interest which those matters have or may be expected to have,

(c) includes conclusions to the effect that those effects could be remedied or prevented by modifications of the conditions of the licence, and

(d) specifies modifications by which those effects could be remedied or prevented,

F53 . . .

[F54 (1A) Where the report is made to [F55 the Office of Rail and Road] [F56 it] shall, subject to the following provisions of this section and to section 15A below, make such modifications of the conditions of the licence as appear to [F56 it] requisite for the purpose of remedying or preventing the adverse effects specified in the report.

(1B) F57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) Before making [F58 , or requiring the making of,] modifications under this section, [F55 the Office of Rail and Road], F59 . . . , shall have regard to the modifications specified in the report.

(3) Before making modifications under [F60 subsection (1A) above], [F55 the Office of Rail and Road] shall give notice—

(a) stating that [F56 it] proposes to make the modifications and setting out their effect,

(b) stating the reasons why [F56 it] proposes to make the modifications, and

(c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(3A) F61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A notice under subsection (3) F62 . . . above shall be given—

(a) by publishing the notice in such manner as [F55 the Office of Rail and Road] , F62 . . . considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and

(b) by serving a copy of the notice on the holder of the licence.

[F63 (4A) Where (after considering any representations or objections which are duly made and not withdrawn) [F55 the Office of Rail and Road] F59 . . . proposes to make or require the making of modifications under this section, F64 . . . it shall give notice to the [F65 CMA] —

(a) setting out the modifications [F56 it] proposes to make or F66 . . . require to be made; and

(b) stating the reasons why [F56 it] proposes to make the modifications or F66 . . . require the making of them.

(4B) [F55 The Office of Rail and Road] F59 . . . shall include with the notice under subsection (4A) above a copy of any representations and objections which have been considered.

(4C) If the period within which a direction may be given by the [F67 CMA] under section 15A below expires without such a direction being given, [F55 the Office of Rail and Road] F59 . . . shall make, or require the making of, the modifications set out in the notice given under subsection (4A) above.

(4D) If a direction is given by the [F67 CMA] under section 15A(1)(b) below, [F55 the Office of Rail and Road] F59 . . . shall make, or require the making of, such of those modifications as are not specified in the direction.]

(5) F68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

Textual Amendments

F51 Words in s. 15(1) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(2)(a) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F52 Word in s. 15(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 74; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F53 Words in s. 15(1) repealed (1.2.2001) by 2000 c. 38, ss. 216, 274, Sch. 17 para. 9(2)(b), Sch. 31 Pt. IV (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F54 S. 15(1A)(1B) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(3) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F55 Words in s. 15 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(k)

F56 Word in s. 15 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F57 S. 15(1B) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59(6), 60(2), Sch. 1 para. 9(a), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 1 para. 10, Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F58 Words in s. 15(2) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(4)(a) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F59 Words in s.15(2)(4A)(4B)(4C)(4D) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59(6), 60(2), Sch. 1 para. 9(b), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 1 para. 10, Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F60 Words in s. 15(3) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 9(5) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F61 S. 15(3A) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59(6), 60(2), Sch. 1 para. 9(a), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 1 para. 10, Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F62 Words in s. 15(4) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59(6), 60(2), Sch. 1 para. 9(c) {Sch. 13 Pt. 1} (with s. 14(4)(5), Sch. 1 para. 10, Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F63 S. 15(4A)-(4D) inserted (1.2.2001) by 2000 c. 38, s. 242(1); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F64 Words in s. 15(4A) omitted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 7(a) Table}; S.I. 2004/827, art. 4(g)

F65 Word in s. 15(4A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 74; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F66 Words in s. 15(4A) omitted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 7(b) Table}; S.I. 2004/827, art. 4(g)

F67 Words in s. 15(4C)(4D) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 74; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F68 S. 15(5) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59(6), 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

Modifications etc. (not altering text)

C6 Ss. 13-16 applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)

C7 S. 15(1A) modified (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 4

[F69 15A [F70 CMA's] power to veto modifications following report. E+W+S

(1) The [F71 CMA] may, within the period of four weeks beginning with the day on which they are given notice under section 15(4A) above, give a direction to [F72 the Office of Rail and Road] F73 . . . —

(a) not to make, or require the making of, the modifications set out in the notice; or

(b) not to make such of those modifications as are specified in the direction.

(2) The Secretary of State may, if an application is made to him by the [F71 CMA] within that period of four weeks, extend the period within which a direction may be given under this section to one of six weeks beginning with the day on which the [F71 CMA] are given notice under section 15(4A) above.

(3) The [F71 CMA] may give a direction under this section only if the modifications to which it relates do not appear to them requisite for the purpose of remedying or preventing the adverse effects specified in their report on the reference under section 13 above.

(4) If the [F71 CMA] give a direction under this section, they shall give notice—

(a) setting out the modifications contained in the notice given under section 15(4A) above;

(b) setting out the direction; and

(c) stating the reasons why they are giving the direction.

(5) A notice under subsection (4) above shall be given—

(a) by publishing the notice in such manner as the [F71 CMA] consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the direction; and

(b) by serving a copy of the notice on the holder of the licence.]

Textual Amendments

F69 S. 15A inserted (1.2.2001) by 2000 c. 38, s. 242(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F70 Word in s. 15A heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 75(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F71 Words in ss. 15A(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 75(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F72 Words in s. 15A(1) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(l)

F73 Words in s.15(A) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

Modifications etc. (not altering text)

C8 S. 15A applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)

F75 15B Making of modifications by [F74 CMA] . E+W+S

(1) If the [F76 CMA ] give a direction under section 15A above, they shall themselves make such modifications of the conditions of the licence as appear to them requisite for the purpose of remedying or preventing—

(a) the adverse effects specified in their report on the reference under section 13 above; or

(b) such of those adverse effects as would not be remedied or prevented by the modifications made by [F77 the Office of Rail Regulation], F78 . . . , under section 15(4D) above.

(2) In exercising the function conferred by subsection (1) above, the [F76 CMA] shall have regard to the matters as respects which duties are imposed on [F79 the Office of Rail and Road] by section 4 above.

(3) Before making modifications under this section, the [F76 CMA] shall give notice—

(a) stating that they propose to make the modifications and setting out their effect,

(b) stating the reasons why they propose to make the modifications, and

(c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(4) A notice under subsection (3) above shall be given—

(a) by publishing the notice in such manner as the [F76 CMA] consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and

(b) by serving a copy of the notice on the holder of the licence.

(5) As soon as practicable after making any modifications under this section, the [F76 CMA] shall send a copy of those modifications to [F79 the Office of Rail and Road], [F80 the Authority and the Health and Safety Executive].

Textual Amendments

F74 Word in s. 15B heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 76(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F75 S. 15B inserted (1.2.2001) by 2000 c. 38, s. 242(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F76 Words in ss. 15B(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 76(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F77 Words in s. 15B substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F78 Words in s. 15B(1)(b) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59(6), 60(2), Sch. 13 Pt. I (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F79 Words in s. 15B(2)(5) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(m)

F80 Words in s. 15B(5) repealed (24.7.2005 for certain purposes and otherwise prosp.) by Railways Act 2005 (c. 16), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

Modifications etc. (not altering text)

C9 S. 15B applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)

C10 S. 15B(2) modified (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 5

F81 15C Sections 15A and 15B: supplementary. E+W+S

[F82 (1) For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 15A(4) or 15B(3) above.

(2) In giving any notice under section 15A(4) or 15B(3) above, the [F83 CMA] must have regard to the following considerations before disclosing any information.

(2A) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the [F83 CMA] thinks is contrary to the public interest.

(2B) The second consideration is the need to exclude from disclosure (so far as practicable)—

(a) commercial information whose disclosure the [F83 CMA] thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b) information relating to the private affairs of an individual whose disclosure the [F83 CMA] thinks might significantly harm the individual’s interests.

(2C) The third consideration is the extent to which the disclosure of the information mentioned in subsection (2B)(a) or (b) above is necessary for the purposes of the notice.

(2D) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections [F84 (2DA),] (2E) and (2F) below, for the purposes of any investigation by the [F85 CMA] for the purposes of the exercise of its functions under section 15A or 15B above, as they apply for the purposes of any investigation on references under that Part—

(a) section 109 (attendance of witnesses and production of documents etc.);

(b) section 110 (enforcement of powers under section 109: general);

(c) section 111 (penalties);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

[F86 (2DA) Section 109 shall, in its application by virtue of subsection (2D) above, have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under section 15A or 15B of the Railways Act 1993.”, and

(b) subsection (8A) were omitted.]

(2E) Section 110 shall, in its application by virtue of subsection (2D) above, have effect as if—

(a) subsection (2) were omitted;

[F87 (b) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the sending of a copy to [F88 the Office of Rail and Road] under section 15B(5) of the Railways Act 1993 of the modifications made by the CMA in connection with the reference concerned or, if no direction has been given by the CMA under section 15A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and]

(c) in subsection (9) the words from “or section" to “section 65(3))" were omitted.

(2F) Section 111(5)(b) shall, in its application by virtue of subsection (2D) above, have effect as if for sub-paragraph (ii) there were substituted—

“(ii) if earlier, the day on which a copy of the modifications made by the [F89 CMA] in connection with the reference concerned is sent to [F90 the Office of Rail and Road] under section 15B(5) of the Railways Act 1993 or, if no direction is given by the [F89 CMA] under section 15A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. ".

(2G) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the [F91 CMA] in connection with the exercise of its functions under section 15A and 15B above as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), [F92 —

(a) the words “, OFCOM or the Secretary of State” were omitted; and

(b) or the words “their functions” there were substituted “ its functions ”.]

(2H) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (2D) or (2G) above, have effect in relation to those sections as applied by virtue of those subsections.

(2I) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.]

(2) The provisions are—

(a) sections 82(1) and (2) (general provisions as to reports), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the 1973 Act;

(b) Part II of Schedule 7 to the M1 Competition Act 1998 (performance of the Competition Commission’s general functions); and

(c) section 24 of the 1980 Act (modification of provisions about performance of such functions).

(3) For the purpose of assisting the [F93 CMA] in exercising their functions under sections 15A and 15B above, [F94 the Office of Rail and Road] F95 . . . shall F95 . . . give to the [F93 CMA] any information in F96 . . . its possession which relates to matters relevant to the exercise of those functions and—

(a) is requested by the [F93 CMA] for that purpose; or

(b) is information which, in F96 . . . its opinion, it would be appropriate for that purpose to give to the [F93 CMA] without any such request;

and any other assistance which the [F93 CMA] may require, and which it is within F96 . . . its power to give, in relation to any such matters.

(4) For the purpose of exercising those functions, the [F93 CMA] shall take account of any information given to them for that purpose under subsection (3) above.

Textual Amendments

F81 S. 15C inserted (1.2.2001) by 2000 c. 38, s. 242(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F82 S. 15C(1)-(2I) substituted for s. 15C(1)(2) (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(6); S.I. 2003, {art. 2(1)}, Sch.

F83 Words in ss. 15C(2)-(2B) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 77(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F84 Word in s. 15C(2D) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 102(1)(2) (with art. 3, Sch. 2 para. 2)

F85 Word in s. 15C(2D) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 77(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F86 S. 15C(2DA) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 102(3) (with art. 3, Sch. 2 para. 2)

F87 S. 15C(2E)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 102(4)(a) (with art. 3, Sch. 2 para. 2)

F88 Words in s. 15C(2E) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(n)

F89 Word in s. 15C(2F) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 77(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F90 Words in s. 15C(2F) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(n)

F91 Word in s. 15C(2G) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 77(4)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F92 Words in s. 15C(2G) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 77(4)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F93 Word in s. 15C(3)(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 77(5); S.I. 2014/416, art. 2(1)(d) (with Sch.); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F94 Words in s. 15C(3) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(n)

F95 Words in s. 15C(3) repealed (24.7.05) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F96 Words in s. 15C(3) omitted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 118, 120, Sch. 2 para. 8(b), Sch. 8; S.I. 2004/827, art. 4(i)

Modifications etc. (not altering text)

C11 Ss. 13-16 applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/2050), reg. 14, Sch. 3 para. 1(b)

Marginal Citations

M1 1998 c. 41.

16 Modification by order under other enactments. E+W+S

[F97 (1) Where the [F98 CMA] or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of the conditions of a licence to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2) In subsection (1) above “relevant order” means—

(a) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i) one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the supply of services relating to railways; or

(ii) one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the supply of services relating to railways; or

(b) an order under section 160 or 161 of that Act where the feature, or combination of features, of the market [F99 or markets] in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the supply of services relating to railways.]

(3) As soon as practicable after making any modifications under this section, the [F100 relevant authority] shall send a copy of those modifications to [F101 the Office of Rail and Road], [F102 the Authority and to the Health and Safety Executive].

(4) Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

[F103 (5) Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part; and in subsection (2) above “services relating to railways” has the same meaning as in section 67(2A) of this Act.]

Textual Amendments

F97 S. 16(1)(2) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 Pt. 1 para. 10(2); S.I. 2003/1397, art. 2(1), Sch.

F98 Word in s. 16(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 78; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F99 Words in s. 16(2)(b) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 103 (with art. 3)

F100 Words in s. 16(3) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 Pt. 1 para. 10(3); S.I. 2003/1397, art. 2(1), Sch.

F101 Words in s. 16(3) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(o)

F102 Words in s. 16(3) repealed (24.7.2005 for certain purposes and otherwise prosp.) by Railways Act 2005 (c. 16), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F103 S. 16(5) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 Pt. 1 para. 10(4); S.I. 2003/1397, art. 2(1), Sch.

Modifications etc. (not altering text)

C12 S. 16 applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)

C13 S. 16(2)(a) amended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 16, Sch. 4 para. 12(1)