I1C2C3 Part I The Provision of Railway Services
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
Pt. 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)
Information
C180 Duty of certain persons to furnish information to the F1Secretary of State, the Scottish Ministers or the Office of Rail Regulation on request.
1
F2Licence holders shall be under a duty to furnish to the F1Secretary of State, the Scottish Ministers or the Office of Rail Regulation in such form and manner as F3he, they or it may by notice request such information as F3he, they or it may so request, being information which the F1Secretary of State, the Scottish Ministers or the Office of Rail Regulation considers necessary for the purpose of facilitating the performance of any F4functions of the Secretary of State, the Scottish Ministers or (as the case may be) that Office under this Part F5, 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.
F61A
Holders of European licences shall be under a duty to furnish to the Office of Rail Regulation in such form and manner as it may by notice request such information as it may so request, being information which the Office of Rail Regulation considers necessary for the purpose of facilitating the performance of any of its functions under any instrument made for the purpose of implementing Council Directive 95/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council.
2
A request under subsection (1) F7or (1A) above must be complied with within such time (being not less than 28 days from the making of the request) as may be specified in the request.
3
F93A
If a request under subsection (1A) above is not complied with, the Office of Rail Regulation may serve a notice under subsection (4) below on the person from whom the information was requested under subsection (1A) above.
4
A notice under this subsection is a notice signed by the F1Secretary of State, the Scottish Ministers or the Office of Rail Regulation and—
a
requiring the person on whom it is served to produce, at a time and place specified in the notice, to the F1Secretary of State, the Scottish Ministers or the Office of Rail Regulation or to any person appointed by the Franchising Director for the purpose, any documents which are specified or described in the notice and are in that person’s custody or under his control; or
b
requiring that person to furnish, at a time and place and in the form and manner specified in the notice, to the Franchising Director such information as may be specified or described in the notice. F10In its application to a notice served by virtue of subsection (3A) above this subsection has effect with the omission of the references to the Secretary of State and the Scottish Ministers.
5
No person shall be required under this section to produce any documents which he could not be compelled to produce in civil proceedings in the court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in any such proceedings.
F116
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7
A person who intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (4) above to produce is guilty of an offence and shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
8
If a person makes default in complying with a notice under subsection (4) above, the court may, on the application of the F1Secretary of State, the Scottish Ministers or the Office of Rail RegulationF12in the case of a request under subsection (1) above, or the Office of Rail Regulation in the case of a request under subsection (1A) above, , make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
9
Any reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
10
In this section “the court” means the High Court, in relation to England and Wales, and the Court of Session, in relation to Scotland.
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. 5
Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)