SCHEDULE 4A Review of access charges by the Office of Rail Regulation
Changes following report
12
(1)
Where a report of the Competition Commission on a reference under paragraph 9 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 the making of relevant changes, and
(d)
specifies relevant changes by which those effects could be remedied or prevented,
(2)
Before making relevant changes under this paragraph, F1the Office of Rail Regulation shall have regard to the relevant changes specified in the report.
(3)
Before making relevant changes under this paragraph, F1the Office of Rail Regulation shall give notice—
(a)
stating that F2it proposes to make the relevant changes and setting out their effect,
(b)
stating the reasons why F2it proposes to make the relevant changes,
(c)
stating, in relation to each of the proposed relevant changes, the date on which F2it proposes that it should come into operation, and
(d)
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 relevant changes may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(4)
A notice under sub-paragraph (3) above shall be given—
(a)
by publishing the notice in such manner as F1the Office of Rail Regulation 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 relevant changes; and
(b)
by serving a copy of the notice on the persons on whom a copy of the review notice was served.
(5)
Where (after considering any representations or objections which are duly made and not withdrawn) F1the Office of Rail Regulation proposes to make relevant changes under this paragraph, F2it shall give notice to the Competition Commission—
(a)
setting out the relevant changes F2it proposes to make;
(b)
stating the reasons why F2it proposes to make the relevant changes; and
(c)
stating, in relation to each of the proposed relevant changes, the date on which F2it proposes that it should come into operation.
(6)
F1the Office of Rail Regulation shall include with the notice under sub-paragraph (5) above a copy of any representations and objections which have been considered.
(7)
A date stated in a notice under sub-paragraph (3) or (5) above as that on which a relevant change should come into operation may be a date before the notice is given, provided that it is not before the earliest date specified in the review notice for the coming into operation of a relevant change proposed in it.
(8)
If the period within which a direction may be given by the Competition Commission under paragraph 13 below expires without such a direction being given, F1the Office of Rail Regulation shall make the relevant changes set out in the notice under sub-paragraph (5) above.
(9)
If a direction is given by the Competition Commission under paragraph 13(1)(b) below, F1the Office of Rail Regulation shall make such of those relevant changes as are not specified in the direction.
(10)
As soon as practicable after making relevant changes under this paragraph, F1the Office of Rail Regulation shall send a copy of the relevant changes to the Authority and the Health and Safety Executive.