Railways Act 1993

• (g) an officer, employee or member of such a body corporate.

• (8) In this section—

• (a) references to the railway administrator, in relation to a railway administration order, are references to the person appointed to achieve the purposes of the order and, where two or more persons are so appointed, are to be construed as references to any one or more of them; and

• (b) the references to a firm of which a person was a member or employee at a particular time include references to a firm which holds itself out to be the successor of a firm of which he was a member or employee at that time.

• (9) If sums are paid out by the Scottish Ministers or the Welsh Ministers in respect of an indemnity or guarantee under this section, the company in relation to which the indemnity or guarantee was given must pay the Scottish Ministers or the Welsh Ministers (as the case may be) —

• (a) such amounts in or towards the repayment to them of those sums as they may direct; and

• (b) interest, at such rates as they may direct, on amounts outstanding under this subsection.

• (10) Payments to the Scottish Ministers or the Welsh Ministers under subsection (9) must be made at such times and in such manner as they may determine.

• (11) Subsection (9) does not apply in the case of a sum paid by the Scottish Ministers or the Welsh Ministers for indemnifying a person in respect of a liability to the company in relation to which the railway administration order in question was made.

Fares and approved discount fare schemes.

Other functions of the Authority

71A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71B

• (1) The Secretary of State shall—

• (a) prepare and from time to time revise, and

• (b) publish and otherwise promote the adoption and implementation of,

a code of practice for protecting the interests of users of railway passenger services or station services who are disabled

• (2) In preparing or revising the code of practice, the Secretary of State shall consult the Disabled Persons Transport Advisory Committee established under section 125 of the Transport Act 1985.

73A

• (1) The Scottish Ministers must maintain a register.

• (2) The register must be kept in such form and at such premises as the Scottish Ministers determine.

• (3) Subject to subsections (4) and (5) below, the Scottish Ministers must cause the provisions of each of the following to be entered in the register—

• (a) every designation made by them under section 23 of this Act, and every variation or revocation of such a designation;

• (b) every exemption under section 24 granted by them;

• (c) every franchise agreement to which they are a party;

• (d) every amendment of such a franchise agreement, other than those that are unlikely to have a material effect on the provision of services under the agreement or on the sums payable under it;

• (e) every determination made by them under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

• (f) every revocation of a determination made by them under that section in relation to a description of closures;

• (g) every condition agreed to under subsection (5) of that section in connection with a determination made by them;

• (h) every final or provisional order made by them;

• (i) every revocation by them of such an order;

• (j) every notice given by them under section 55(6) of this Act of a decision not to make such an order;

• (k) every penalty imposed by them under section 57A of this Act;

• (l) every statement of policy published by them under section 57B of this Act.

• (4) The Scottish Ministers may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as they consider it appropriate to exclude for the purpose of maintaining the confidentiality of—

• (a) matters relating to the affairs of an individual the publication of which would or might, in the Scottish Ministers' opinion, seriously and prejudicially affect the interests of that individual; and

• (b) matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Scottish Ministers' opinion, seriously and prejudicially affect the interests of that body.

• (5) If it appears to the Scottish Ministers that the entry of any provision in the register would be against the public interest, they may decide not to enter it in the register.

• (6) The contents of the register must be available for inspection, at any time and free of charge, by the Secretary of State, the Welsh Ministers or the Office of Rail and Road.

• (7) The Secretary of State, the Welsh Ministers and the Office of Rail and Road may each require the Scottish Ministers to supply him, them or it (as the case may be) free of charge with a certified copy of a part of the register or with a certified extract from it.

• (8) The references in subsection (7) to a certified copy or a certified extract are references to a copy or extract that has been certified by the Scottish Ministers to be a true copy or extract.

• (9) In subsection (3)(d) “amendment”, in relation to a franchise agreement, means any amendment however described, including variations (whether or not effected in accordance with the terms of the agreement or by a modification of it) of the property, rights and liabilities which from time to time constitute the franchise assets.

76A

• (1) The Passengers’ Council and any other public body may enter into an agreement for that other body to be responsible, in accordance with the agreement, for —

• (a) determining what is expedient for the purposes of subsection (7A) of section 76 above in relation to an area specified in the agreement; and

• (b) otherwise performing that Council's duties under that subsection in relation to that area.

• (2) So long as an agreement under this section is in force—

• (a) the duties of the Passengers’ Council under subsection (7A) of section 76 above shall be deemed, in relation to the area specified in the agreement, to fall on the other party to it, instead of on that Council; but

• (b) that Council is not to be prevented from doing anything mentioned in that subsection in relation to that area.

• (3) An agreement under this section—

• (a) may be entered into on such terms and conditions as the parties to it may agree; and

• (b) may contain provision for determining for the purposes of this section in what circumstances things done under or for the purposes of section 76(7A) are to be treated as done in relation to the area specified in the agreement.

• (4) The consent of the Secretary of State is required before the Passengers’ Council and another public body may enter into an agreement under this section.

• (5) In this section “public body” means any authority or other body on which functions are conferred by or under an enactment.

• (6) In subsection (5) “enactment” includes an enactment comprised in an Act of the Scottish Parliament.

Applications for directions under section 22A: procedure.

Procedural requirements for section 55 orders.

General functions.

General duties of Rail Passengers’ Committees.

121A

• (1) In this section “railway security service” means a process or activity carried out for the purpose of—

• (a) complying with a requirement of an instruction under section 119, or

• (b) facilitating a person’s compliance with a requirement of an instruction under section 119.

• (2) Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular railway security service.

• (3) The regulations may—

• (a) prohibit the provision of a railway security service by a person who is not listed in respect of that service;

• (b) prohibit the use or engagement for the provision of a railway security service of a person who is not listed in respect of that service;

• (c) create a criminal offence;

• (d) make provision about application for inclusion in the list (including provision about fees);

• (e) make provision about the duration and renewal of entries on the list (including provision about fees);

• (f) make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess;

• (g) make provision about removal from the list which shall include provision for appeal;

• (h) make provision about the inspection of activities carried out by listed persons;

• (i) confer functions on the Secretary of State or on a specified person;

• (j) confer jurisdiction on a court.

• (4) Regulations under subsection (3)(c)—

• (a) may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum,

• (b) may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and

• (c) may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person.

• (5) An instruction under section 119 may—

• (a) include a requirement to use a listed person for the provision of a railway security service;

• (b) provide for all or part of the instruction not to apply or to apply with modified effect where a listed person provides a railway security service.

• (6) Regulations under this section—

• (a) may make different provision for different cases,

• (b) may include incidental, supplemental or transitional provision,

• (c) shall be made by the Secretary of State by statutory instrument,

• (d) shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and

• (e) shall be subject to annulment in pursuance of resolution of either House of Parliament.

149A

• (1) Any document required or authorised by virtue of sections 118 to 120 or this section of this Act to be given or served by the Secretary of State to or on any person may also be given or served, where—

• (a) an address for service using electronic communications has been given by that person and not withdrawn in accordance with subsection (6), and

• (b) that person has agreed to accept service by electronic communications of documents in a certain form and has not withdrawn that agreement in accordance with that subsection,

by using electronic communications to send the document in that form to that person at that address.

• (2) A document given to or served on a person in accordance with subsection (1) must be in a form sufficiently permanent to be used for subsequent reference.

• (3) Where a document is given to or served on a person in accordance with subsection (1), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted except where transmission is made outside that person's normal business hours, in which case it is to be taken to have been given or served on the next working day, and in this subsection, “working day” means any day other than—

• (a) a Saturday or a Sunday;

• (b) Christmas Day or Good Friday; or

• (c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.

• (4) A document required or authorised by virtue of sections 118 to 120 of this Act to be given or served by the Secretary of State is also to be treated as given or served where—

• (a) that person and the Secretary of State have agreed to his having access to documents of a particular description and in a certain form on a web site (instead of their being given to or served on him in any other way specified in this section or section 149);

• (b) that person has not withdrawn his agreement in accordance with subsection (7);

• (c) the document in question is a document to which the agreement applies;

• (d) the Secretary of State has given that person a notice, in a manner agreed between them for the purpose—

• (i) stating that the document has been published on a web site maintained by or on behalf of the Secretary of State;

• (ii) setting out the address of that web site; and

• (iii) setting out the place on that web site where the document may be accessed and how it may be accessed by that person; and

• (e) the published document is in a form sufficiently permanent to be used for subsequent reference.

• (5) Where a document is given to or served on a person in accordance with subsection (4), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the same time as the notice required to be given under subsection (4)(d) is given.

• (6) A person who has supplied the Secretary of State with an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with subsection (1) may give notice to the Secretary of State withdrawing that address or that agreement or both.

• (7) A person who has an agreement with the Secretary of State under subsection (4)(a) may give notice to the Secretary of State withdrawing that agreement.

• (8) A withdrawal under subsection (6) or (7) shall take effect on the later of—

• (a) the date specified by the person in the notice; and

• (b) the date which is fourteen days after the date on which the notice is given.

• (9) Oral notice is not sufficient for the purposes of subsection (6) or (7).

• (10) This section shall not apply to any document in relation to the service of which provision is made by the rules of the court.

• (11) In this section—

• “address”, in relation to electronic communications, means any number or address used for the purposes of such communications;

• “electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7).

2A

If a person ceases to hold office as chairman or another member of a Rail Passengers’ Committee by reason of the abolition of the Committee before his term of office would otherwise have expired, the Authority may, if it determines that there are special circumstances which make it right that he should receive compensation, pay to him such compensation as may be determined by the Authority.

SCHEDULE 4A

Application of Schedule

1

This Schedule applies where an access agreement provides, or is treated as providing, for the Office of Rail and Road to undertake reviews of the terms of that agreement as to—

• (a) the amounts payable under the agreement by one of the parties to the other; and

• (b) the times at which, and the manner in which, those amounts are payable.

Scope of review

1A

• (1) Where the Office of Rail and Road undertakes such a review, it must, at the same time, review the conditions of every linked licence both—

• (a) in relation to the matters mentioned in paragraph 1(a) and (b); and

• (b) in relation to the matters about which that Office is provided with information under paragraph 1D.

• (2) A review by that Office of both—

• (a) the terms of an access agreement as to the matters mentioned in paragraph 1(a) and (b), and

• (b) the conditions of a linked licence,

is referred to in this Schedule as an access charges review.

• (3) An access charges review must include a consideration of—

• (a) the time at which the next access charges review is to be undertaken in relation to both the access agreement in question and every linked licence; and

• (b) the circumstances in which it would be appropriate to undertake such a review before that time.

• (4) In this Schedule “linked licence”, in relation to an access agreement, means a licence of which the holder is—

• (a) the facility owner, or installation owner, who is a party to the agreement; or

• (b) a person other than that owner who has an estate or interest in the railway facility or network installation to which the agreement relates or who has a right over it.

Response to request to carry out review

1B

Where—

• (a) the Secretary of State or the Scottish Ministers suggest to the Office of Rail and Road that an access charges review should be carried out in any case, but

• (b) that Office decides not to carry out the suggested review,

that Office must provide the Secretary of State or Scottish Ministers with its reasons for that decision.

Notice of access charges review

1C

• (1) Before beginning an access charges review, the Office of Rail and Road must give notice of its proposal to undertake the review to each of the following—

• (a) the Secretary of State;

• (b) the Scottish Ministers;

• (c) the Treasury;

• (d) the parties to the access agreement in question; and

• (e) such other persons as that Office considers appropriate.

• (2) No notice is required to be given under sub-paragraph (1) to the Secretary of State or the Scottish Ministers—

• (a) in the case of the Secretary of State, if the facility or installation to which the relevant agreement relates is situated wholly in Scotland; or

• (b) in the case of the Scottish Ministers, if the facility or installation to which the relevant agreement relates is situated wholly in England and Wales.

• (3) A notice under this paragraph must set out—

• (a) the period to which the Office of Rail and Road expects the review to relate (“the review period”);

• (b) the date by which the Secretary of State, the Scottish Ministers or (as the case may be) each of them needs to provide the information that has to be provided under paragraph 1D; and

• (c) any conditions which that Office requires to be satisfied in the period ending with that date if it is to proceed with the review.

• (4) The period set out under sub-paragraph (3)(a) must be the one which—

• (a) begins with the time as from which the Office of Rail and Road expects that any changes resulting from the review would fall to be implemented; and

• (b) ends with the time as from which it thinks it likely (in the absence of special circumstances making an earlier review appropriate) that any changes resulting from the next access charges review in relation to the same agreement and licence would fall to be implemented.

• (5) The date set out under sub-paragraph (3)(b) must be not less than the following period after the date of the notice—

• (a) in a case which the Office of Rail and Road is satisfied is a case of urgency, four weeks; and

• (b) in any other case, three months.

• (6) Before setting out a date under sub-paragraph (3)(b) that is less than three months after the date of the notice, the Office of Rail and Road must consult each of the persons to whom the notice is to be given.

Duty to notify ORR about desired outputs and finances

1D

• (1) Where a notice under paragraph 1C is given to the Secretary of State, he must provide the Office of Rail and Road with—

• (a) information about what he wants to be achieved by railway activities in Great Britain as a whole during the review period; and

• (b) such information as it is reasonable for him to provide about the public financial resources that are or are likely to become available to be applied during the review period for purposes that contribute (directly or indirectly) towards the achievement of what he wants.

• (2) Where a notice under paragraph 1C is given to the Scottish Ministers (whether instead of or as well as to the Secretary of State), they must provide the Office of Rail and Road with—

• (a) information about what they want to be achieved by Scottish railway activities during the review period; and

• (b) such information as it is reasonable for them to provide about the public financial resources that are or are likely to become available to be applied during that period for purposes that contribute (directly or indirectly) towards the achievement of what they want.

• (3) The information that may be provided as falling within sub-paragraph (1)(a) or (2)(a) includes objectives and standards to be achieved in the course of carrying on railway activities.

• (4) Those objectives and standards may include, in particular, objectives and standards with respect to any of the following matters—

• (a) the capacity (in terms of types and numbers of trains) of networks;

• (b) the frequency of railway passenger services;

• (c) journey times;

• (d) reliability of railway services (both in terms of punctuality and otherwise);

• (e) the taking of measures to prevent or mitigate overcrowding;

• (f) levels and types of fares;

• (g) the quality of information provided to passengers;

• (h) the accessibility of railway services to people with disabilities;

• (i) the carrying out of major projects to improve railway services;

• (j) the protection of persons from dangers arising from the operation of railways.

• (5) In a case where information is also required to be provided by the Scottish Ministers, the information that is required to be provided by the Secretary of State does not include—

• (a) any information about what he wants to be achieved by Scottish railway activities not relating to cross-border services; or

• (b) information about any public financial resources so far as they appear to him to be available, or to be likely to become available, to be applied for purposes relating only to such activities.

• (6) An obligation of the Secretary of State or the Scottish Ministers to provide information under this paragraph—

• (a) must be discharged before the date set out in the notice given under paragraph 1C or, if a later date is fixed under sub-paragraph (7), by that later date; but

• (b) may be discharged by a notification that refers that Office to information previously provided under this paragraph.

• (7) The Office of Rail and Road may at any time, by notice to each of the persons to whom the notice under paragraph 1C was given, fix a later date for the provision of information under this paragraph.

• (8) Neither—

• (a) the Secretary of State, nor

• (b) the Scottish Ministers,

are required to provide information for the purposes of a review at any time after a decision has been made by the Office of Rail and Road not to proceed with the review because of an actual or expected failure of the conditions set out under paragraph 1C(3)(c) to be satisfied.

• (9) In this paragraph “railway activities” means activities consisting in, or involving, any of the following—

• (a) providing railway services;

• (b) making available railway facilities;

• (c) making use of such facilities;

• (d) using railway assets;

• (e) allowing others to use such assets.

• (10) In this paragraph “Scottish railway activities” means activities which are railway activities by reference only to—

• (a) railway services which begin and end in Scotland;

• (b) railway services in relation to which financial assistance is provided by the Scottish Ministers and which (without falling within paragraph (a)) begin or end in Scotland;

• (c) railway facilities that are situated in Scotland; or

• (d) railway assets so situated.

• (11) In this paragraph “public financial resources” means any of the following—

• (a) money charged on and payable out of the Consolidated Fund;

• (b) money provided by Parliament;

• (c) money payable out of the Scottish Consolidated Fund.

Suggestions about future reviews

1E

Where the Secretary of State or the Scottish Ministers provide the Office of Rail and Road with information under paragraph 1D, he or they may also, at the same time, make a suggestion to that Office setting out his or their opinion about—

• (a) when the next access charges review should be undertaken in relation to both the access agreement in question and every linked licence; and

• (b) the circumstances in which it would be appropriate to undertake such a review before that time.

Revision of outputs and financial information

1F

• (1) If, at any time in the course of an access charges review, it appears to the Office of Rail and Road that—

• (a) the information that has been provided to it by the Secretary of State or the Scottish Ministers under paragraph 1D, or

• (b) the information, taking it all together, that has been so provided by the Secretary of State and the Scottish Ministers,

shows that the public financial resources that are or are likely to become available will be inadequate to secure the achievement of what he or they, or both of them, want to be achieved, that Office must so notify the Secretary of State or the Scottish Ministers or (as the case may be) each of them.

• (2) The Office of Rail and Road must send a copy of every notification under sub-paragraph (1) to the Treasury.

• (3) On being notified under sub-paragraph (1), the Secretary of State or the Scottish Ministers or (as the case may be) each of them—

• (a) may revise any information provided to the Office of Rail and Road, together with any suggestion made under paragraph 1E; and

• (b) if the information or such a suggestion is revised, must notify the revisions to that Office.

• (4) Any notification under sub-paragraph (3) must be given within whatever period is specified by the Office of Rail and Road when notifying the Secretary of State or Scottish Ministers in accordance with sub-paragraph (1).

• (5) Where the Office of Rail and Road has already given a notification under this paragraph with respect to any information, it is required to give a further notification under this paragraph with respect to that information, or any revision of it, only if—

• (a) a revision has been made in response to its previous notification; and

• (b) it has not previously given a notification in respect of an earlier revision of the information.

Notification of likely adverse effect on interests of certain providers of railway services

1G

• (1) If, at any time in the course of an access charges review, it appears to the Office of Rail and Road that it is likely that the implementation of the review will adversely affect the interests of persons providing railway passenger services or of persons providing services for the carriage of goods by railway, that Office must so notify—

• (a) the Secretary of State, in the case of a review notice of which was given to him under paragraph 1C; and

• (b) the Scottish Ministers, in the case of a review notice of which was given to them under that paragraph.

• (2) Where the Office of Rail and Road gives a notification under sub-paragraph (1) in respect of a review relating to an access agreement to which a facility owner is a party, the notification must include—

• (a) its assessment of the measures that the facility owner is likely to be required to take, as a consequence of the implementation of the review, in order to meet obligations of his arising under the access agreement in question or under any other access agreement to which he is a party; and

• (b) its estimate of the cost to the facility owner of taking those measures.

• (3) On being notified under sub-paragraph (1), the Secretary of State or the Scottish Ministers or (as the case may be) each of them—

• (a) may revise any information provided under paragraph 1D to the Office of Rail and Road, together with any suggestion made under paragraph 1E; and

• (b) if the information or such a suggestion is revised, must notify the revisions to that Office.

• (4) Any notification under sub-paragraph (3) must be given within whatever period is specified by the Office of Rail and Road when notifying the Secretary of State or the Scottish Ministers in accordance with sub-paragraph (1).

• (5) Where the Office of Rail and Road has already given a notification under this paragraph, it is required to give a further notification under this paragraph only if—

• (a) information provided to it has been revised in response to its notification; and

• (b) it has not previously given a notification in respect of an earlier revision of that information.

Duty to have regard to information about desired outputs and finances etc.

1H

• (1) The Office of Rail and Road must conduct an access charges review in the manner that it considers is most likely to secure that the implementation of the review will make the best and most practicable contribution to the achievement of—

• (a) what the Secretary of State wants to be achieved by railway activities in Great Britain as a whole; and

• (b) what the Scottish Ministers want to be achieved by Scottish railway activities.

• (2) Where in the case of an access charges review the Office of Rail and Road considers (notwithstanding any notification or revision under paragraph 1F or 1G) that the public financial resources that are or are likely to become available will be inadequate to secure the achievement of, as the case may be—

• (a) everything that the Secretary of State wants to be achieved,

• (b) everything that the Scottish Ministers want to be achieved, or

• (c) everything that both the Secretary of State and the Scottish Ministers want to be achieved,

it is to be for that Office to determine, for the purposes of the review, how much of what is wanted should be achieved using (but only for the purposes for which they may be applied) all the public financial resources that it considers are or are likely to be available.

• (3) In conducting an access charges review the Office of Rail and Road must have regard to the consequences of compliance by a facility owner who is a party to the access agreement in question with any terms—

• (a) of that agreement, or

• (b) of any other access agreement to which that facility owner is a party,

that it considers are relevant to a matter notified under paragraph 1G (including, in particular, a term requiring the facility owner to pay compensation or to take mitigatory measures).

• (4) In considering the matters mentioned in paragraph 1A(3), the Office of Rail and Road must have regard to any suggestion made under paragraph 1E, and to any revision of that suggestion.

• (5) For the purposes of this paragraph—

• (a) expressions used in this paragraph and in paragraph 1D have the same meanings in this paragraph as in that;

• (b) what the Secretary of State or the Scottish Ministers want must be determined in every case in accordance with the information provided in that case under paragraph 1D, and with any revisions notified under paragraph 1F(3)(b) or 1G(3)(b); and

• (c) the Office of Rail and Road must have regard to the financial information so provided and revised whenever considering what is likely to make the best and most practicable contribution to the achievement of what the Secretary of State or the Scottish Ministers want.

Main provisions

2

• (1) The procedure for the implementation of an access charges review shall be as provided for by paragraphs 4 to 16 of this Schedule.

• (2) And any procedure relating to the implementation of an access charges review for which the access agreement or any linked licence makes provision shall not apply.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review notice

4

• (1) The implementation of an access charges review shall be initiated by the Office of Rail and Road giving notice (a “review notice")—

• (a) stating its conclusions on the access charges review and the reasons why it reached those conclusions;

• (b) specifying the relevant changes which it proposes to make for or in connection with giving effect to those conclusions;

• (c) stating, in relation to each of the proposed relevant changes, the date on which it proposes that it should come into operation; and

• (d) specifying the period (not being less than six weeks from the date of publication of the notice) within which objections with respect to any of the proposed relevant changes, or the date on which it is proposed that it should come into operation, may be made by a person within sub-paragraph (4)(a) or (b) below.

• (2) In this Schedule “relevant changes”, in relation to an access agreement, means—

• (a) amendments of the access agreement;

• (b) modifications of the conditions of any linked licence; or

• (c) both such amendments and such modifications;

and references to the making of relevant changes are, in the case of amendments of the access agreement, references to directing the parties to the access agreement to make the amendments to the access agreement.

• (2A) Before giving a review notice specifying modifications of a linked licence that are proposed for purposes connected with securing—

• (a) what the Secretary of State has informed the Office of Rail and Road he wants to be achieved by any railway activities, or

• (b) what the Scottish Ministers have informed that Office they want to be achieved by any such activities,

that Office must consult the Secretary of State or (as the case may be) those Ministers.

• (3) The review notice shall be given—

• (a) by publishing it in such manner as the Office of Rail and Road considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the proposed relevant changes; and

• (b) by serving a copy on the persons specified in sub-paragraph (4) below.

• (4) The persons referred to in sub-paragraph (3)(b) above are—

• (za) if the Secretary of State was given notice of the review under paragraph 1C, the Secretary of State;

• (zb) if the Scottish Ministers were given notice of the review under that paragraph, those Ministers;

• (zc) the Treasury;

• (a) the facility owner, or installation owner, who is a party to the access agreement;

• (b) any other person who has an estate or interest in, or right over, the railway facility or network installation to which the access agreement relates and who the Office of Rail and Road considers ought to be given a copy; and

• (c) the beneficiary.

• (5) In this Schedule “the beneficiary"—

• (a) in relation to an access contract, has the meaning given by section 17(7) of this Act; and

• (b) in relation to an installation access contract, has the meaning given by section 19(10) of this Act.

Notice of agreement

5

• (1) If no objections are duly made by a person within paragraph 4(4)(a) or (b) above (or any that are so made are withdrawn), the Office of Rail and Road shall give notice (a “notice of agreement") stating that fact.

• (2) The notice of agreement shall be given—

• (a) by publishing it in such manner as the Office of Rail and Road considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the proposed relevant changes; and

• (b) by serving a copy on the beneficiary.

Termination notice

6

• (1) After a copy of a notice of agreement is served on the beneficiary, he may give notice (a “termination notice") terminating the access agreement.

• (2) The termination notice shall specify the date on which the access agreement is to terminate.

• (3) The termination notice shall be given by serving a copy on—

• (za) if the Secretary of State was given notice of the review under paragraph 1C, the Secretary of State;

• (zb) if the Scottish Ministers were given notice of the review under that paragraph, those Ministers;

• (a) the facility owner or installation owner;

• (b) any other person who has an estate or interest in, or right over, the railway facility or network installation and who received a copy of the review notice; and

• (c) the Office of Rail and Road.

• (4) The date specified by the termination notice as that on which the access agreement is to terminate shall be neither—

• (a) less than six months, nor

• (b) more than one year,

after the copy of the termination notice is served on the facility owner or installation owner.

• (5) The termination notice may not be given after the end of the period of 28 days beginning with the day on which the copy of the notice of agreement is served on the beneficiary.

Review implementation notice

7

• (1) After a copy of a notice of agreement is served on the beneficiary and the time within which a termination notice may be given by him has expired—

• (a) if he has not given a termination notice (or has withdrawn any notice which he has given), the Office of Rail and Road shall (unless it acts under paragraph 8(2) below) give a review implementation notice; or

• (b) if he has given (and not withdrawn) a termination notice, the Office of Rail and Road may give such a notice.

• (2) A review implementation notice is a notice stating that the Office of Rail and Road’s conclusions on the access charges review are to be implemented as proposed in the review notice.

• (3) The review implementation notice shall—

• (a) specify the relevant changes which the Office of Rail and Road is making; and

• (b) state, in relation to each of the relevant changes, the date on which it comes into operation.

• (4) The review implementation notice shall be given—

• (a) by publishing it in such manner as the Office of Rail and Road considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the relevant changes; and

• (b) by serving a copy on the persons on whom a copy of the review notice was served, . . . .

New review notice or reference to CMA

8

• (1) This paragraph applies if—

• (a) objections are duly made by a person within paragraph 4(4)(a) or (b) above (and not withdrawn); or

• (b) although no objections are duly made by a person within paragraph 4(4)(a) or (b) above (or any that are so made are withdrawn), relevant objections are duly made (and not withdrawn) in relation to a similar review notice relating to another access agreement.

• (2) the Office of Rail and Road may—

• (a) give a new review notice under paragraph 4 above; or

• (b) make a reference to the CMA under paragraph 9 below.

• (3) For the purposes of sub-paragraph (1) above—

• (a) “relevant objections”, in relation to another access agreement, means objections by a person who is within paragraph 4(4)(a) or (b) above in relation to that other access agreement; and

• (b) one review notice is similar to another if they make provision which, in the opinion of the Office of Rail and Road, is to broadly the same effect.

• (4) Before acting under sub-paragraph (1) above, the Office of Rail and Road shall consider the objections referred to in that sub-paragraph.

• (4A) Paragraph 1H applies to the making of any determination by the Office of Rail and Road of what should be included in a new review notice to be given under this paragraph as it applies to the conduct of an access charges review.

• (5) If the Office of Rail and Road gives a new review notice under paragraph 4 above by virtue of sub-paragraph (2)(a) above, the references in that paragraph and paragraph 7(2) above to its conclusions on the access charges review shall be read in relation to the new notice as references to those conclusions as modified since the previous review notice (in particular as the result of any objections or representations made in relation to it).

Reference to CMA

9

• (1) A reference to the CMA under this paragraph shall be so framed as to require them to investigate and report on the questions specified in sub-paragraph (2) below.

• (2) Those questions are—

• (a) whether the matters considered on the access charges review which are specified in the reference operate, or may be expected to operate, against the public interest; and

• (b) if 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 the making of relevant changes.

• (3) The Office of Rail and Road may, at any time, by notice given to the CMA vary a reference under this paragraph—

• (a) by adding to the matters specified in the reference; or

• (b) by excluding from the reference some or all of the matters so specified.

• (4) On receipt of such a notice the CMA shall give effect to the variation.

• (5) The Office of Rail and Road may specify in a reference under this paragraph, or a variation of such a reference, for the purpose of assisting the CMA in carrying out the investigation on the reference—

• (a) any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and

• (b) any relevant changes by which, in his opinion, those effects could be remedied or prevented.

• (6) As soon as practicable after making a reference under this paragraph, or a variation of such a reference, the Regulator—

• (a) shall serve a copy of the reference or variation on the persons on whom a copy of the review notice was served; and

• (b) shall publish particulars of the reference or variation in such manner as he considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

• (6A) A reference to the CMA under this paragraph must be accompanied by—

• (a) any information which in the case in question was provided to the Office of Rail and Road 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.

• (7) For the purpose of assisting the CMA in carrying out an investigation on a reference under this paragraph, the Office of Rail and Road shall give to the CMA (in addition to the information and revisions mentioned in sub-paragraph (6A)) any information in its possession which relates to matters falling within the scope of the investigation and—

• (a) is requested by the CMA for that purpose; or

• (b) is information which, in its opinion, it would be appropriate for that purpose to give to the CMA without any such request;

and any other assistance which the CMA may require, and which it is within its power to give, in relation to any such matters.

• (8) For the purpose of carrying out such an investigation, the CMA shall take account of any information given to them for that purpose under sub-paragraphs (6A) and (7) above.

• (9) In determining for the purposes of this paragraph 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 of this Act and to the information, suggestions and revisions mentioned in sub-paragraph (6A)

• (10) The functions of the CMA with respect to a reference under this paragraph 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 changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraphs 10A and 15).

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10A

• (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in sub-paragraphs (1A), (2) and (3) below, for the purposes of references under paragraph 9 above as they applied immediately before that date for the purposes of references under that Part—

• (a) section 109 (attendance of witnesses and production of documents etc.);

• (b) section 110 (enforcement of powers under section 109: general);

• (c) section 111 (penalties);

• (d) section 112 (penalties: main procedural requirements);

• (e) section 113 (payments and interest by instalments);

• (f) section 114 (appeals in relation to penalties);

• (g) section 115 (recovery of penalties); and

• (h) section 116 (statement of policy).

• (1A) Section 109 shall, in its application by virtue of sub-paragraph (1) above, have effect as if—

• (a) for subsection (A1), there were substituted—

(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under paragraph 9 of Schedule 4A to the Railways Act 1993.

, and

• (b) subsection (8A) were omitted.

• (2) Section 110 shall, in its application by virtue of sub-paragraph (1) above, have effect as if—

• (a) subsection (2) were omitted; ...

• (aa) after subsection (3), there were inserted—

(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

; and

• (b) in subsection (9) the words from “or section" to “section 65(3))" were omitted.

• (3) Section 111(5)(b) shall, in its application by virtue of sub-paragraph (1) above, have effect as if for sub-paragraph (ii) there were substituted—

(ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.

.

• (4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply , as it had effect immediately before the relevant date, in relation to functions of the CMA in connection with references under paragraph 9 above as it applied immediately before that date in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), —

• (a) the words “, OFCOM or the Secretary of State” were omitted; and

• (b) for the words “their functions” there were substituted “ its functions ”.

• (5) Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of sub-paragraph (1) or (4) above, have effect in relation to those sections as applied by virtue of those sub-paragraphs as those provisions had effect immediately before that date.

• (6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those sub-paragraphs.

• (7) In this paragraph “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

Report on reference

11

• (1) In making a report on a reference under paragraph 9 above, the CMA shall include in the report—

• (a) definite conclusions on the questions comprised in the reference; and

• (b) such an account of their reasons for those conclusions as in their opinion is expedient for facilitating a proper understanding of those questions and of their conclusions.

• (2) Where they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, they shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have.

• (3) Where they conclude that any adverse effects so specified could be remedied or prevented by the making of relevant changes, they shall in the report—

• (a) specify the relevant changes by which those effects could be remedied or prevented; and

• (b) state, in relation to each of the relevant changes, the date on which it should come into operation.

• (4) A date stated in the report as that on which a relevant change should come into operation may be a date before the report is made, provided that it is not before the earliest date specified in the review notice for the coming into operation of a relevant change proposed in it.

• (4A) For the purposes of paragraphs 12 to 14 below, a conclusion contained in a report of the CMA is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference .

• (4B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under paragraph 9 above as the conclusions of the CMA , the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

• (5) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the CMA on a reference under paragraph 9 above.

• (5A) In making any report on a reference under paragraph 9 above the CMA must have regard to the following considerations before disclosing any information.

• (5B) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.

• (5C) The second consideration is the need to exclude from disclosure (so far as practicable)—

• (a) commercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

• (b) information relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests.

• (5D) The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (5C)(a) or (b) above is necessary for the purposes of the report.

• (6) A report of the CMA on a reference under paragraph 9 above shall be made to the Office of Rail and Road.

• (7) The Office of Rail and Road shall, on receiving such a report, send a copy of it to the Secretary of State and the Authority.

• (8) Not less than 14 days after that copy is received by the Secretary of State, the Office of Rail and Road shall send a copy to each of the persons on whom a copy of the review notice was served.

• (9) Not less than 24 hours after complying with sub-paragraph (8) above, the Office of Rail and Road shall publish the report in such manner as it considers appropriate for bringing the report to the attention of persons likely to be affected by it.

• (10) If it appears to the Secretary of State that the publication of any matter in the report would be against the public interest or the commercial interests of any person, he may, before the end of the period of 14 days after he receives his copy of the report, direct the Office of Rail and Road to exclude that matter from—

• (a) every copy of the report sent under sub-paragraph (8) above, and

• (b) the version of the report published under sub-paragraph (9) above.

Changes following report

12

• (1) Where a report of the CMA on a reference under paragraph 9 above—

• (a) includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest,

• (b) specifies effects adverse to the public interest which those matters have or may be expected to have,

• (c) includes conclusions to the effect that those effects could be remedied or prevented by the making of relevant changes, and

• (d) specifies relevant changes by which those effects could be remedied or prevented,

the Office of Rail and Road shall, subject to the following provisions of this paragraph and paragraph 13 below, make such relevant changes as appear to it requisite for the purpose of remedying or preventing the adverse effects specified in the report.

• (2) Before making relevant changes under this paragraph, the Office of Rail and Road shall have regard to the relevant changes specified in the report.

• (3) Before making relevant changes under this paragraph, the Office of Rail and Road shall give notice—

• (a) stating that it proposes to make the relevant changes and setting out their effect,

• (b) stating the reasons why it proposes to make the relevant changes,

• (c) stating, in relation to each of the proposed relevant changes, the date on which it proposes that it should come into operation, and

• (d) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed relevant changes may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

• (4) A notice under sub-paragraph (3) above shall be given—

• (a) by publishing the notice in such manner as the Office of Rail and Road considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the relevant changes; and

• (b) by serving a copy of the notice on the persons on whom a copy of the review notice was served.

• (4A) Where (after considering any representations and objections which are duly made and not withdrawn) the Office of Rail and Road proposes to make relevant changes under this paragraph, it must give a notice to the relevant authorities which—

• (a) sets out everything that would have to be included in a notice under sub-paragraph (5) with respect to the proposed changes;

• (b) specifies a period within which the Secretary of State, the Scottish Ministers or each of them has the opportunity of revising, in the light of those proposals, any information provided under paragraph 1D.

• (4B) If in consequence of any revision of that information that is notified to the Office of Rail and Road within the period specified in that notice, that Office decides to modify its proposals, it must—

• (a) give a new notice with respect to the modified proposals under sub-paragraph (3); and

• (b) comply again with sub-paragraph (4A) and this sub-paragraph before giving notice of the modified proposals to the CMA .

• (4C) The relevant authorities for the purposes of sub-paragraph (4A) are each of the following—

• (a) where the Secretary of State was given notice of the review under paragraph 1C, the Secretary of State;

• (b) where the Scottish Ministers were given notice of the review under that paragraph, those Ministers; and

• (c) in each of those cases, the Treasury.

• (5) Where (after considering any representations or objections which are duly made and not withdrawn and any revisions of information provided under paragraph 1D that were notified within the period specified under sub-paragraph (4A)) the Office of Rail and Road proposes to make relevant changes under this paragraph, it shall give notice to the CMA —

• (a) setting out the relevant changes it proposes to make;

• (b) stating the reasons why it proposes to make the relevant changes; and

• (c) stating, in relation to each of the proposed relevant changes, the date on which it proposes that it should come into operation.

• (6) The Office of Rail and Road shall include with the notice under sub-paragraph (5) above a copy of any representations and objections which have been considered and a copy of any revisions of information provided under paragraph 1D that have been notified within the period specified in the notice under sub-paragraph (4A).

• (7) A date stated in a notice under sub-paragraph (3) or (5) above as that on which a relevant change should come into operation may be a date before the notice is given, provided that it is not before the earliest date specified in the review notice for the coming into operation of a relevant change proposed in it.

• (8) If the period within which a direction may be given by the CMA under paragraph 13 below expires without such a direction being given, the Office of Rail and Road shall make the relevant changes set out in the notice under sub-paragraph (5) above.

• (9) If a direction is given by the CMA under paragraph 13(1)(b) below, the Office of Rail and Road shall make such of those relevant changes as are not specified in the direction.

• (10) As soon as practicable after making relevant changes under this paragraph, the Office of Rail and Road shall send a copy of the relevant changes

• (a) where the Secretary of State was given notice of the review under paragraph 1C, to the Secretary of State; and

• (b) where the Scottish Ministers were given notice of the review under that paragraph, to those Ministers.

CMA's power to veto changes

13

• (1) The CMA may, within the period of four weeks beginning with the day on which they are given notice under paragraph 12(5) above, give a direction to the Office of Rail and Road —

• (a) not to make the relevant changes set out in the notice; or

• (b) not to make such of those relevant changes as are specified in the direction.

• (2) The Secretary of State may, if an application is made to him by the CMA within that period of four weeks, extend the period within which a direction may be given under this paragraph to one of six weeks beginning with the day on which the CMA are given notice under paragraph 12(5) above.

• (3) The CMA may give a direction under this paragraph only if the relevant changes to which it relates do not appear to them requisite for the purpose of remedying or preventing the adverse effects specified in their report on the reference under paragraph 9 above.

• (4) If the CMA give a direction under this paragraph, they shall give notice—

• (a) setting out the relevant changes contained in the notice given under paragraph 12(5) above;

• (b) setting out the direction; and

• (c) stating the reasons why they are giving the direction.

• (5) A notice under sub-paragraph (4) above shall be given—

• (a) by publishing the notice in such manner as the CMA consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the direction; and

• (b) by serving a copy of the notice on the persons on whom a copy of the review notice was served.

Making of changes by CMA

14

• (1) If the CMA give a direction under paragraph 13 above, they shall themselves make such relevant changes as appear to them requisite for the purpose of remedying or preventing—

• (a) the adverse effects specified in their report on the reference under paragraph 9 above; or

• (b) such of those adverse effects as would not be remedied or prevented by the relevant changes made by the Office of Rail and Road under paragraph 12(9) above.

• (2) In exercising the function conferred by sub-paragraph (1) above, the CMA shall have regard to the matters as respects which duties are imposed on the Office of Rail and Road by section 4 of this Act.

• (3) Before making relevant changes under this paragraph, the CMA shall give notice—

• (a) stating that they propose to make the relevant changes and setting out their effect,

• (b) stating the reasons why they propose to make the relevant changes,

• (c) stating, in relation to each of the proposed relevant changes, the date on which they propose that it should come into operation, and

• (d) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

• (4) A date stated in a notice under sub-paragraph (3) above as that on which a relevant change should come into operation may be a date before the notice is given, provided that it is not before the earliest date specified in the review notice for the coming into operation of a relevant change proposed in it.

• (5) A notice under sub-paragraph (3) above shall be given—

• (a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the relevant changes; and

• (b) by serving a copy of the notice on the persons on whom a copy of the review notice was served.

• (6) As soon as practicable after making relevant changes under this paragraph, the CMA must send a copy of those relevant changes—

• (a) where the Secretary of State was given notice of the review under paragraph 1C, to the Secretary of State;

• (b) where the Scottish Ministers were given notice of the review under that paragraph, to those Ministers; and

• (c) in each of those cases, to the Office of Rail and Road.

Paragraphs 13 and 14: supplementary

15

• (1) For the purposes of the law relating to defamation, absolute privilege attaches to any notice under paragraph 13(4) or 14(3) above.

• (2) In giving any notice under paragraph 13(4) or 14(3) above, the CMA must have regard to the following considerations before disclosing any information.

• (2A) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.

• (2B) The second consideration is the need to exclude from disclosure (so far as practicable)—

• (a) commercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

• (b) information relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests.

• (2C) The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (2B)(a) or (b) above is necessary for the purposes of the notice.

• (2D) The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in sub-paragraphs (2DA), (2E) and (2F) below, in relation to any investigation by the CMA for the purposes of the exercise of its functions under paragraph 13 or 14 above, as they applied immediately before that date for the purposes of any investigation on references under that Part—

• (a) section 109 (attendance of witnesses and production of documents etc.);

• (b) section 110 (enforcement of powers under section 109: general);

• (c) section 111 (penalties);

• (d) section 112 (penalties: main procedural requirements);

• (e) section 113 (payments and interest by instalments);

• (f) section 114 (appeals in relation to penalties);

• (g) section 115 (recovery of penalties); and

• (h) section 116 (statement of policy).

• (2DA) Section 109 shall, in its application by virtue of sub-paragraph (2D) above, have effect as if—

• (a) for subsection (A1), there were substituted—

(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under paragraphs 13 or 14 of Schedule 4A to the Railways Act 1993.

, and

• (b) subsection (8A) were omitted.

• (2E) Section 110 shall, in its application by virtue of sub-paragraph (2D) above, have effect as if—

• (a) subsection (2) were omitted;

• (b) after subsection (3), there were inserted—

(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the sending of a copy to the Office of Rail and Road under paragraph 14 of Schedule 4A to the Railways Act 1993 of the relevant changes made by the CMA in connection with the reference concerned or, if no direction has been given by the CMA under paragraph 13 of that Schedule to that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

; and

• (c) in subsection (9) the words from “or section" to “section 65(3))" were omitted.

• (2F) Section 111(5)(b) shall, in its application by virtue of sub-paragraph (2D) above, have effect as if for sub-paragraph (ii) there were substituted—

• (“) if earlier, the day on which a copy of the relevant changes made by the CMA in connection with the reference concerned is sent to the Office of Rail and Road under paragraph 14 of Schedule 4A to the Railways Act 1993 or, if no direction is given by the CMA under paragraph 13(1) of that Schedule to that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. ".

• (2G) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply , as it had effect immediately before the relevant date, in relation to functions of the CMA in connection with the exercise of its functions under paragraph 13 or 14 above as it applied immediately before that date in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), —

• (a) the words “, OFCOM or the Secretary of State” were omitted; and

• (b) for the words “their functions” there were substituted “ its functions ”.

• (2H) Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of sub-paragraph (2D) or (2G) above, have effect in relation to those sections as applied by virtue of those sub-paragraphs as those provisions had effect immediately before that date.

• (2I) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those sub-paragraphs.

• (3) For the purpose of assisting the CMA in exercising their functions under paragraphs 13 and 14 above, the Office of Rail and Road shall give to the CMA(in addition to the information provided in accordance with paragraph 12(5) and (6)) any information in its possession which relates to matters relevant to the exercise of those functions and—

• (a) is requested by the CMA for that purpose; or

• (b) is information which, in his opinion, it would be appropriate for that purpose to give to the CMA without any such request;

and any other assistance which the CMA may require, and which it is within its power to give, in relation to any such matters.

• (4) For the purpose of exercising those functions, the CMA shall take account of

• (a) every revision of which they have been given notice under paragraph 12(6) of information provided under paragraph 1D; and

• (b) all information

given to them for that purpose under sub-paragraph (3) above.

• (5) In this paragraph “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

Termination notice in response to proposals after reference

16

• (1) Where a notice is served on the beneficiary under paragraph 12(3) or 14(3) above, he may give notice (a “post-reference termination notice") terminating the access agreement.

• (2) The post-reference termination notice shall specify the date on which the access agreement is to terminate.

• (3) The post-reference termination notice shall be given by serving a copy on—

• (a) the facility owner or installation owner;

• (b) any other person who has an estate or interest in, or right over, the railway facility or network installation and who received a copy of the review notice; and

• (c) the Office of Rail and Road .

• (4) The date specified by the post-reference termination notice as that on which the access agreement is to terminate shall be neither—

• (a) less than six months, nor

• (b) more than one year,

after the copy of the post-reference termination notice is served on the facility owner or installation owner.

• (5) The post-reference termination notice may not be given after the end of the period of 28 days beginning with the day on which the copy of the notice under paragraph 12(3) or 14(3) above is served on the beneficiary.

Publication of consent at stations

3A

Where the Secretary of State has given his consent under paragraph 3(2)(b) above, he shall—

• (a) send a copy of it to every person who is the operator of a station within the area affected; and

• (b) require him to publish it at the station.

Qualifying services in and around Greater London

5A

• (1) This paragraph applies to any qualifying services—

• (a) which are provided by Transport for London or a subsidiary of Transport for London; or

• (b) which do not fall within paragraph (a) above but—

• (i) are provided wholly within Greater London; and

• (ii) are services, or services of a class or description, designated in an order made by the Secretary of State as services in relation to which this paragraph is to apply;

and in the following provisions of this paragraph any such services are referred to as “qualifying London services".

• (2) In the application of the other paragraphs of this Schedule in relation to qualifying London services, for any reference to the Secretary of State there shall be substituted a reference to the Mayor of London.

• (3) Where the Mayor of London has given consent under paragraph 3(2)(b) above in respect of services provided wholly or partly outside Greater London, any person aggrieved by the decision to give consent may refer that decision to the Secretary of State.

• (4) A referral under sub-paragraph (3) above shall be made by giving notice to the Secretary of State.

• (5) Any notice under sub-paragraph (4) above must be given not later than 4 weeks after the date of the decision referred.

• (6) On a reference under sub-paragraph (3) above, the Secretary of State may—

• (a) confirm the decision to give consent;

• (b) in the case of a decision to give consent subject to conditions, confirm the decision to give consent but modify the conditions; or

• (c) substitute his decision for that of the Mayor of London.

• (7) Any person who refers a decision to the Secretary of State under sub-paragraph (3) above shall provide, with his notice under sub-paragraph (4) above, a statement of the reasons why he is aggrieved by the decision.

• (8) On disposing of any reference under sub-paragraph (3) above, the Secretary of State shall give notice of his decision to—

• (a) the Mayor of London;

• (b) the appropriate consultative committee;

• (c) the operator concerned; and

• (d) the person who referred the decision to the Secretary of State under sub-paragraph (3) above (if not falling within paragraphs (a) to (c) above).

• (9) Before the expiration of the period of six weeks following the making of his decision on a reference under sub-paragraph (3) above, the Secretary of State shall publish notice of his decision—

• (a) in two successive weeks in two local newspapers circulating in the area affected; and

• (b) in such other manner as appears to him appropriate.

• (10) The Secretary of State shall also—

• (a) send a copy of his decision to every person who is the operator of a station within the area affected; and

• (b) require him to publish it at the station.

In section 40, in subsection (4), paragraph (c) and the word “or" immediately preceding it; in subsection (5), the words following paragraph (c); subsection (6); in subsection (7), paragraph (b); in subsection (8), the words “or (as the case may require) to the Railways Board"; in subsection (9), the words “the Railways Board"; in subsection (11), the words “or the Railways Board"

Editorial notes

[^c14096341]: Act applied (18.9.1996) by 1996 c. 42, ss. 7(2), 8(3) Act modified (prosp.) by 1999 c. 29, ss. 204(1), 425(2) (with Sch. 12 para. 9(1))

[^c14096491]: 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)

[^c14096501]: Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

[^c14096751]: Words in s. 2(2)-(6)(6A)(7)(8) and sidenote substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 Pt. I para. 2; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

[^c14097381]: S. 4 wholly in force at 21.3.1994; s. 4 not in force at Royal Assent see s. 154(2); s. 4(1)(3)(7)(9) in force for specified purposes at 24.12.1993 by S.I. 1993/3237, art. 2(1); s. 4(1)-(3)(5)(6) in force for specified purposes at 22.2.1994 by S.I. 1994/447, art. 2 and in force at 21.3.1994 insofar as not already in force by S.I. 1994/571, art. 3

[^c14097391]: Words in s. 4(1) substituted (1.2.2001) by 2000 c. 38, s. 224(2)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

[^c14097411]: S. 4(1)(ba)(bb) inserted (1.2.2001) by 2000 c. 38, s. 224(2)(c); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

[^c14097421]: Words in s. 4(1)(d) inserted (1.2.2001) by 2000 c. 38, s. 224(2)(d); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

[^c14097431]: Words in s. 4(2) substituted (1.2.2001) by 2000 c. 38, s. 224(3)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

[^c14097461]: Words in s. 4(3) substituted (1.2.2001) by 2000 c. 38, s. 224(4); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

[^c14097471]: S. 4(3A) inserted (1.2.2001) by 2000 c. 38, s. 224(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

[^c14097481]: S. 4(5)(a) substituted (1.2.2001) by 2000 c. 38, s. 224(6); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

[^c14097511]: S. 4(7A)(7B) inserted (1.3.2000) by 1998 c. 41, ss. 9(3), 66(5), Sch. 10 Pt. II para. 6(3) (with s. 73); S.I. 2000/344, art. 2, Sch.

[^c14097551]: S. 4(9): definition of “the environment" substituted (14.12.1999) by 1999 c. 24, s. 6, Sch. 2 para. 12; S.I. 1999/3376, art. 2

[^c14097561]: S. 4(9): definition of "through ticket" 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)

[^c14097571]: S. 5 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)

[^c14097601]: S. 6 wholly in force at 1.4.1994; s. 6 not in force at Royal Assent see s. 154(2); s. 6(2) in force at 6.1.1994 by S.I. 1993/3237, art. 2(2), s. 6 in force at 1.4.1994 insofar as not already in force by S.I. 1994/571, art. 5

[^c14097611]: S. 6(1) excluded (18.12.1996) by 1996 c. 61, s. 16(1)

[^c14097671]: S. 7(1) restricted (prosp.) by 1999 c. 29, ss. 199(1)(a)(2)(3), 425(2) (with Sch. 12 para. 9(1))

[^c14097721]: Words in s. 7(7) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 2(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)

[^c14097751]: S. 7(10) repealed (15.1.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV and omitted (1.2.2001) by virtue of 2000 c. 38, s. 252, Sch. 27 para. 18; S.I. 2000/3376, art. 2; S.I. 2001/57, art. 3, Sch. 2 (subject to savings and transitional provisions in Sch. 2 Pt. II)

[^c14097781]: S. 8 restricted (18.12.1996) by 1996 c. 61, s. 16(3)