http://www.legislation.gov.uk/ukpga/1993/43/section/13Railways Act 1993An Act to provide for the appointment and functions of a Rail Regulator and a Director of Passenger Rail Franchising and of users’ consultative committees for the railway industry and for certain ferry services; to make new provision with respect to the provision of railway services and the persons by whom they are to be provided or who are to secure their provision; to make provision for and in connection with the grant and acquisition of rights over, and the disposal or other transfer and vesting of, any property, rights or liabilities by means of which railway services are, or are to be, provided; to amend the functions of the British Railways Board; to make provision with respect to the safety of railways and the protection of railway employees and members of the public from personal injury and other risks arising from the construction or operation of railways; to make further provision with respect to transport police; to make provision with respect to certain railway pension schemes; to make provision for and in connection with the payment of grants and subsidies in connection with railways and in connection with the provision of facilities for freight haulage by inland waterway; to make provision in relation to tramways and other guided transport systems; and for connected purposes.texttext/xmlenStatute Law Database2026-05-05Expert Participation2026-04-06 Railways Act 1993s. 16(2)(aa)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 23reg. 1(1) Part I131 The Office of Rail and Road may make to the Monopolies and Mergers Commission (in this Act referred to as the CMA) a reference which is so framed as to require the CMA to investigate and report on the questions—awhether any matters which—irelate 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, andiiare specified in the reference,operate, or may be expected to operate, against the public interest; andbif 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.1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 The Office of Rail and Road may, at any time, by notice given to the 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 the CMA shall give effect to the variation.3 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 CMA in carrying out the investigation on the reference—aany effects adverse to the public interest which, in its opinion, the matters specified in the reference or variation have or may be expected to have; andbany modifications of the conditions of the licence by which, in its opinion, those effects could be remedied or prevented.4As soon as practicable after making a reference under this section or a variation of such a reference, the Office of Rail and Road—ashall serve a copy of the reference or variation on the holder of the licence; andbshall publish particulars of the reference or variation in such manner as it considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.5 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 CMA not to proceed with the reference or, as the case may require, not to give effect to the variation, the CMA shall comply with the direction.6It shall be the duty of the Office of Rail and Road, for the purpose of assisting the CMA in carrying out an investigation on a reference under this section, to give to the CMA —aany information in the possession of the Office of Rail and Road which relates to matters falling within the scope of the investigation and—iis requested by the CMA for that purpose; oriiis information which, in the opinion of the Office of Rail and Road, it would be appropriate for that purpose to give to the CMA without any such request; andbany other assistance which the CMA may require, and which it is within the power of the Office of Rail and Road to give, in relation to any such matters;and 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.7In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the CMA shall have regard to the matters as respects which duties are imposed on . . . the Office of Rail and Road by section 4 above.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Nothing 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.10The 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).Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)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)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)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)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)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)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.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)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. 3Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)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.)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.)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.)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.)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.)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.)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.)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.)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.)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)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.)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.)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.)