(1)The Rail Regulator shall have an overriding duty to exercise his regulatory functions in such a manner as not to impede the performance of any development agreement.
(2)In exercising his regulatory functions in relation to the use by a rail link undertaker of any existing network—
(a)for trains used in connection with the construction of the rail link, or
(b)for trains used to provide international services,
the Rail Regulator shall also be under a duty to have regard to the financial position of the rail link undertaker.
(3)The Rail Regulator may by notice require a person to whose financial position he is required by subsection (2) above to have regard to furnish to him, in such form and manner as may be specified in the notice, such information relating to that person’s financial position as may be so specified, being information which the Rail Regulator considers necessary for the purpose of facilitating the performance of his duty under that subsection.
(4)If any person makes default in complying with a notice under subsection (3) above, the High Court may, on the application of the Rail Regulator, make such order as it thinks fit for requiring the default to be made good.
(5)An order under subsection (4) above may provide that all the costs or expenses of and incidental to the application under that subsection shall be borne by the person in default or, in the case of a company or other association, by any of its officers who are responsible for its default.
(6)In this section—
“existing”, in relation to a network, means not comprised in the rail link;
“international services” means services involving travel through the Channel Tunnel;
“network” has the same meaning as in Part I of the M1Railways Act 1993; and
references to the Rail Regulator’s regulatory functions are to the functions assigned or transferred to him under or by virtue of Part I of the Railways Act 1993 [F1other than any functions assigned to him by virtue of section 67(3) of that Act (“Competition Act functions”).
(7)The Regulator may, when exercising any Competition Act function, have regard to any matter to which he would have regard if—
(a)he were under the duty imposed by subsection (1) or (2) above in relation to that function; and
(b)the matter is one to which [F2the Office of Fair Trading] could have regard if [F3it] were exercising that function.]
Textual Amendments
F1Words in s. 21(6) and subsection (7) inserted (1.3.2000) by 1998 c. 41, ss. 54, 66(5), Sch. 10 Pt. IV para. 16(2) (with s. 73); S.I. 2000/344, art. 2
F2Words in s. 21(7)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(2)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3Word in s. 21(7)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(2)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Modifications etc. (not altering text)
C1S. 21 extended (22.3.2001) by S.I. 2001/1451, art. 7(2)
Marginal Citations
F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)[F5The functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 which are concurrent functions of the Office of Fair Trading and the Rail Regulator by virtue of section 67(2) of the Railways Act 1993 shall not be exercisable by the Rail Regulator] in relation to the supply by a rail link undertaker of railway services, so far as relating to the rail link.
[F6(3)The Rail Regulator shall not be entitled to exercise any functions assigned to him by section 67(3) of the Railways Act 1993 (by virtue of which he exercises concurrently with the Office of Fair Trading certain functions under Part 1 of the Competition Act 1998 so far as relating to matters connected with the supply of railway services) in relation to—
(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
(b)conduct of the kind mentioned in section 18(1) of that Act,
(c)agreements, decisions or concerted practices of the kind mentioned in Article 81(1) of the treaty establishing the European Community, or
(d)conduct which amounts to abuse of the kind mentioned in Article 82 of the treaty establishing the European Community,
entered into, taken by or engaged in by a rail link undertaker in connection with the supply of railway services, so far as relating to the rail link.]
(4)Section 67(4) of the M2Railways Act 1993 (duty of [F7the Office of Fair Trading] to consult the Rail Regulator about the exercise of concurrent functions) shall not have effect to require [F8the Office of Fair Trading] to consult the Regulator about the exercise of any function which the Regulator is prevented by subsection (2) or (3) above from exercising.
(5)In this section, “railway services” has the same meaning as in the Railways Act 1993.
Textual Amendments
F4S. 22(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(3)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5Words in s. 22(2) substituted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 24(2)
F6S. 22(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 8(2)
F7Words in s. 22(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(3)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F8Words in s. 22(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 35(3)(c)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Modifications etc. (not altering text)
C2S. 22 extended (22.3.2001) by S.I. 2001/1451, art. 7(2)
Marginal Citations