SCHEDULES

SCHEDULE 4Reviews by ORR of access charges and licence conditions

7Information to be provided to Competition Commission in connection with reference

1

In paragraph 9 (reference to Competition Commission), after sub-paragraph (6) insert—

6A

A reference to the Competition Commission under this paragraph must be accompanied by—

a

any information which in the case in question was provided to the Office of Rail Regulation by the Secretary of State or the Scottish Ministers under paragraph 1D;

b

any information to which he or they referred in discharging the obligation imposed by that paragraph;

c

any suggestion which in that case was made under paragraph 1E; and

d

any revision of anything falling within paragraph (a) to (c) which has been notified to that Office under paragraph 1F or 1G.

2

In sub-paragraph (7) of that paragraph, after the words “Competition Commission”, in the second place where they occur, insert “(in addition to the information and revisions mentioned in sub-paragraph (6A))”.

3

In sub-paragraph (8) of that paragraph, for “sub-paragraph” substitute “sub-paragraphs (6A) and”.

4

In sub-paragraph (9) of that paragraph (matters to be taken into account in assessing public interest), at the end insert “and to the information, suggestions and revisions mentioned in sub-paragraph (6A)”.