Section 16
1 The Railways Act 1993 shall be amended as follows.
2 Section 1 and Schedule 1 (the Rail Regulator) shall cease to have effect.
3 Subject to the following paragraphs of this Schedule, in the provisions specified in the following table—
(a) for “the Regulator” substitute “the Office of Rail Regulation”,
(b) for “he” and “him”, where they refer only to the Regulator, substitute “it”, and
(c) for “his”, where it refers to the Regulator, substitute “its”.
| Section | Description | Section | Description |
|---|---|---|---|
| Section 4 | General duties | Section 22B | Applications for directions |
| Section 6 | Unauthorised operators | Section 22C | Amendment: supplementary |
| Section 7 | Exemptions | Section 24 | Exemption of passenger services |
| Section 7A | Consumer protection conditions | Section 26 | Invitations to tender |
| Section 8 | Licences | Section 43 | Closures: notification &c. |
| Section 9 | Conditions of licences | Section 46 | Variation of closure conditions |
| Section 11 | Assignment of licences | Section 46A | General determinations |
| Section 12 | Modification by agreement | Section 46B | Notification of minor closures |
| Section 13 | Modification references | Section 55 | Orders for ensuring compliance |
| Section 14 | Reports on references | Section 56 | Procedural requirements |
| Section 15 | Modification following report | Section 57A | Penalties |
| Section 15A | Power to veto modification | Section 57B | Statement of policy |
| Section 15B | Modification by Commission | Section 57C | Procedural requirements for penalties |
| Section 15C | Supplementary | Section 67 | Respective functions |
| Section 16 | Modification by order | Section 68 | Investigatory functions |
| Section 16A | Provision &c. of facilities | Section 69 | General functions |
| Section 16B | Exemption | Section 71 | Publication of information |
| Section 16C | Applications for directions | Section 72 | Keeping of register: Regulator |
| Section 16D | Procedure | Section 73 | Keeping of register: Authority |
| Section 16E | Decisions: adequate reward | Section 74 | Reports: Regulator |
| Section 16F | Decisions: other provisions | Section 75 | Reports: Authority |
| Section 16G | Directions | Section 76 | Rail Passengers' Council |
| Section 16H | Code of Practice | Section 77 | Rail Passengers' Committees |
| Section 16I | Supplementary | Section 79 | Annual reports |
| Section 17 | Access agreements: directions | Section 95 | Transfer schemes: power to require information |
| Section 18 | Access agreements: approval | Section 118 | National emergency |
| Section 19 | Access agreements: use of installations | Section 145 | Disclosure of information |
| Section 19A | Review of access charges | Schedule 2 | Rail Passengers' Committees |
| Section 20 | Exemption | Schedule 3 | Rail Passengers' Council |
| Section 21 | Model clauses | Schedule 4 | Access agreements |
| Section 22 | Amendment | Schedule 4A | Review of access charges |
| Section 22A | Directions to amend |
4 In section 7 (exemptions from section 6)—
(a) in subsection (3)(b) for “it” substitute “the exemption”, and
(b) in subsection (8) after “he” insert “or it”.
5 In section 8(4)(a) and (b) (licences) after “he” insert “or it”.
6 In section 9(3)(f) (conditions of licences) after “he” and “him” insert “or it”.
7 In section 15(4A) (modification following report)—
(a) omit “he or”, and
(b) in paragraphs (a) and (b) omit “it proposes to”.
8 In section 15C(3) (sections 15A and 15B: supplementary)—
(a) after “shall” insert “each”, and
(b) in each place, omit “his or”.
9 In section 20(3)(b) (exemption of railway facilities from sections 17, 18 and 22A) for “it” substitute “the exemption”.
10 In section 21(5) (model clauses for access contracts)—
(a) after “any” insert “of its”, and
(b) omit “of his”.
11 In section 55(5ZA)(a) (orders for securing compliance) for the second “it” substitute “the Authority”.
12 In section 57A(5)(a) (penalties) for the second “it” substitute “the Authority”.
13 In section 57B (statement of policy)—
(a) in subsection (3) omit “or his”, and
(b) in subsection (4)(a) omit “his or”.
14 In section 74 (reports)—
(a) in subsection (1) for “after the end of the first relevant financial year and of each subsequent financial year,” substitute “after the end of each financial year,”, and
(b) in subsection (8) omit the definition of “first relevant financial year”.
15 In section 76(5A) (matters referred to the Authority by the Rail Passengers' Council) for “him” substitute “the Office of Rail Regulation”.
16 In section 77(4A) (matters referred to the Authority by a Rail Passengers' Committee) for “him” substitute “the Office of Rail Regulation”.
17 In section 151(1) (general interpretation) omit the definition of “the Regulator”.
18 In Part I of Schedule 6 (railway administration orders) for “the Rail Regulator” substitute “the Office of Rail Regulation”.
19 In the following enactments for a reference to the Rail Regulator there shall be substituted a reference to the Office of Rail Regulation—
(a) section 13 of the Transport Act 1962 (c. 46) (Boards' powers of manufacture),
(b) Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments subject to jurisdiction),
(c) section 133 of the Fair Trading Act 1973 (c. 41) (disclosure of information),
(d) section 174 of the Consumer Credit Act 1974 (c. 39) (disclosure of information),
(e) section 10 of the Estate Agents Act 1979 (c. 38) (disclosure of information),
(f) section 19 of the Competition Act 1980 (c. 21) (disclosure of information),
(g) section 101 of the Telecommunications Act 1984 (c. 12) (disclosure of information),
(h) section 41A of the London Regional Transport Act 1984 (c. 32) (access contracts),
(i) section 74 of the Airports Act 1986 (c. 31) (disclosure of information),
(j) section 9E of the Company Directors Disqualification Act 1986 (c. 46) (disqualification for competition infringement),
(k) section 38 of the Consumer Protection Act 1987 (c. 43) (disclosure of information),
(l) Schedule 15 to the Water Industry Act 1991 (c. 56) (disclosure of information),
(m) Schedule 24 to the Water Resources Act 1991 (c. 57) (disclosure of information),
(n) Schedules 2 and 4 to the Deregulation and Contracting Out Act 1994 (c. 40) (sectoral regulators),
(o) sections 17, 21 and 22 of the Channel Tunnel Rail Link Act 1996 (c. 61) (rail legislation and regulator),
(p) section 54 of, Part I of Schedule 10 to and Schedule 11 to the Competition Act 1998 (c. 41) (regulators),
(q) sections 199, 200, 228(2) and (3) and 235 of, and paragraph 15 of Schedule 18 to, the Greater London Authority Act 1999 (c. 29),
(r) Schedule 7 to the Postal Services Act 2000 (c. 26) (disclosure of information),
(s) section 105 of the Utilities Act 2000 (c. 27) (disclosure of information),
(t) the following provisions of the Transport Act 2000 (c. 38)—
(i) section 206 (strategies),
(ii) section 216 (assumption of certain functions of Regulator),
(iii) paragraph 3 of Schedule 9 (disclosure of information),
(iv) paragraph 13 of Schedule 10 (disclosure of information),
(v) Part III of Schedule 17 (transfers to SRA from Regulator), and
(vi) Part II of Schedule 26 (transfers to SRA: tax), and
(u) sections 136 and 168 of the Enterprise Act 2002 (c. 40) (investigations and regulated markets).
20 In addition to the amendments effected by paragraph 19, the following enactments shall be amended as specified.
21 In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—
(a) in Part II (bodies of which all members are disqualified) at the appropriate place insert—
“The Office of Rail Regulation.”, and
(b) in Part III (other disqualifying offices) omit the entry relating to the Rail Regulator.
22 In sections 21 and 22 of the Channel Tunnel Rail Link Act 1996—
(a) for “he” and “him”, where they refer to the Rail Regulator, substitute “it”, and
(b) for “his”, where it refers to the Rail Regulator, substitute “its”.
23 For section 228(1) of the Greater London Authority Act 1999 (the heading to which becomes “PPP arbiter also Member of Office of Rail Regulation: duties of staff”) substitute—
“(1) Subsections (2) and (3) shall apply while a member of the Office of Rail Regulation holds the office of PPP arbiter.”
24 In the table in Part I of Schedule 19 to the Financial Services and Markets Act 2000 (competition information) for the entry numbered 11 substitute—
| “11 The Office of Rail Regulation. | Any function of that office under a specified enactment.” |