(1)The [F1Office of Rail Regulation] shall have an overriding duty to exercise [F2its] regulatory functions in such a manner as not to impede the performance of any development agreement.
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this section—
references to the [F1Office of Rail Regulation]’s regulatory functions are to the functions assigned or transferred to [F5it] under or by virtue of Part I of the Railways Act 1993 [F6other than any functions assigned to [F5it] by virtue of section 67(3) of that Act (“Competition Act functions”).
(7)The [F1Office of Rail Regulation] may, when exercising any Competition Act function, have regard to any matter to which [F5it] would have regard if—
(a)[F5it] were under the duty imposed by subsection (1) F7... above in relation to that function; and
(b)the matter is one to which [F8the Office of Fair Trading] could have regard if [F9it] were exercising that function.]
Textual Amendments
F1Words in s. 21 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(o); S.I. 2004/827, art. 4(g)
F2Words in s. 21 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 22(b); S.I. 2004/827, art. 4(g)
F3S. 21(2)-(5) repealed (22.7.2008) by Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 (c. 5), ss. 3(a), 6(2)
F4Words in s. 21(6) repealed (22.7.2008) by Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 (c. 5), ss. 3(b), 6(2)
F5Words in s. 21 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 22(a); S.I. 2004/827, art. 4(g)
F6Words 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
F7Words in s. 21(7) repealed (22.7.2008) by Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 (c. 5), ss. 3(c), 6(2)
F8Words 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.)
F9Word 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)
(1)Subject to this section, the Office of Rail Regulation may by notice require a rail link undertaker to pay a fee in respect of the exercise of any of the Office of Rail Regulation's functions in relation to the rail link.
(2)The amount of a fee under subsection (1) in any case shall be—
(a)such amount as is reasonably incurred by the Office of Rail Regulation in the exercise of the function in relation to the rail link, or
(b)in a case where there is more than one rail link undertaker, such proportion of the amount referred to in paragraph (a) as the Office of Rail Regulation considers it reasonable for the rail link undertaker to pay.
(3)Subsection (1) does not apply to the functions assigned to the Office of Rail Regulation by virtue of section 67(2) and (3) of the Railways Act 1993.
(4)A notice under this section must specify—
(a)the amount of the fee to be paid, and
(b)the date by which it is to be paid.
(5)Any amount payable under a notice under this section which remains unpaid after the date specified in the notice may be recovered by the Office of Rail Regulation as a civil debt due to it.
(6)The Office of Rail Regulation may revise a notice under this section by a further such notice.
(7)The Office of Rail Regulation may refund any amount which, further to any revised notice under subsection (6), appears to have been overpaid to it.]
Textual Amendments
F10S. 21A inserted (22.7.2008) by Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 (c. 5), ss. 4, 6(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11S. 22 omitted (28.11.2005) by virtue of Railways Infrastructure (Access and Management) Regulations 2005 (S.I. 2005/3049), reg. 1(1), Sch. 1 para. 6 (with reg. 4)
Modifications etc. (not altering text)
C2S. 22 extended (22.3.2001) by S.I. 2001/1451, art. 7(2)