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| | 7. - (1) Section 13 (modification references to Competition Commission) is amended as follows.
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(2) In subsection (1) (making of reference), for "Regulator" substitute "appropriate authority".
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(3) After that subsection insert-
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"(1A) In this section and section 14 below "the appropriate authority" means-
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(a) where conditions of the licence addressing the matters specified in the reference would all inevitably be conditions relating to consumer protection, the Authority, and |
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(b) in any other case, the Regulator. |
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(1B) Before the Authority makes a reference under this section it shall consult the Regulator.
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(1C) Before the Regulator makes a reference under this section-
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(a) where any condition of the licence addressing the matters specified in the reference would or may be conditions relating to consumer protection, he shall obtain the approval of the Authority; and |
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(b) otherwise, he shall consult the Authority." |
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(4) In subsection (2) (variation of reference), for "Regulator" substitute "appropriate authority".
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(5) In subsection (3) (matters which may be specified in reference or variation)-
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(a) for "Regulator" substitute "appropriate authority", and |
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(b) for "his" (in both places) substitute "its". |
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(6) In subsection (4) (notice of reference or variation)-
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(a) for "Regulator" substitute "appropriate authority", and |
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(b) for "he" substitute "it". |
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(7) In subsection (5) (copy to Secretary of State), for "Regulator" substitute "appropriate authority".
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(8) In subsection (6) (assistance to Commission)-
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(a) for "Regulator" substitute "appropriate authority", |
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(b) for "his possession" substitute "the possession of the appropriate authority", |
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(c) for "his opinion" substitute "the opinion of the appropriate authority", and |
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(d) for "his power" substitute "the power of the appropriate authority". |
| | 8. - (1) Section 14 (reports on modification references) is amended as follows.
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(2) In subsection (4) (report to Regulator), for "Regulator" substitute "appropriate authority".
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(3) In subsection (5) (publication by Regulator)-
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(a) for "Regulator" substitute "appropriate authority", and |
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(b) for "he" substitute "it". |
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(4) After that subsection insert-
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"(5A) When the Authority receives such a report it shall send a copy of it to the Regulator; and when the Regulator receives such a report he shall send a copy of it to the Authority."
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(5) In subsection (6) (direction to Regulator to exclude matters against public or commercial interests), for "Regulator" substitute "appropriate authority".
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| | 9. - (1) Section 15 (modification following report) is amended as follows.
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(2) In subsection (1) (duty of Regulator to modify)-
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(a) for "Where" substitute "This section applies where", and |
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(b) omit the words following paragraph (d). |
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(3) After that subsection insert-
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"(1A) Where the report is made to the Regulator he shall, subject to the following provisions of this section, make such modifications of the conditions of the licence as appear to him requisite for the purpose of remedying or preventing the adverse effects specified in the report.
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(1B) Where the report is made to the Authority it shall, subject to the following provisions of this section, require the Regulator to make such modifications of the conditions of the licence as appear to it requisite for the purpose of remedying or preventing the adverse effects specified in the report."
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(4) In subsection (2) (Regulator to have regard to modifications specified in report)-
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(a) after "making" insert ", or requiring the making of,", and |
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(b) after "Regulator" insert ", or Authority,". |
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(5) In subsection (3) (notice by Regulator), for "this section" substitute "subsection (1A) above".
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(6) After that subsection insert-
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"(3A) Before requiring the Regulator to make modifications under subsection (1B) above, the Authority shall give notice-
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(a) stating that it proposes to require the making of the modifications and setting out their effect, |
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(b) stating the reasons why it proposes to require the making of the modifications, and |
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(c) 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 modifications may be made, |
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and shall consider any representations or objections which are duly made and not withdrawn."
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(7) In subsection (4) (giving of notice)-
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(a) after "(3)" insert "or (3A)", and |
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(b) after "the Regulator" insert ", or the Authority,". |
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(8) In subsection (5) (Regulator to send copy of modifications to Health and Safety Executive), after "to" insert "the Authority and".
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| | 10. In section 16(3) (Secretary of State to give copies of modifications under section 16), after "Regulator" insert ", to the Authority".
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Enforcement |
| | 11. In section 55 (orders for securing compliance), in subsection (10), in the definition of "the appropriate authority"-
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(a) in paragraph (a), for "or", in the second place, substitute ", apart from a condition which relates to consumer protection, or to any relevant condition or requirement in the case of", and |
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(b) in paragraph (b), after "to" insert "any condition relating to consumer protection in the case of a licence holder or to". |
| | 12. In section 56 (procedural requirements), after subsection (2) insert-
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"(2A) Where the Regulator serves a copy of a notice under subsection (1) above on a licence holder, he shall also serve a copy on the Authority; and where the Authority so serves a copy of such a notice, it shall also serve a copy on the Regulator."
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Investigation |
| | 13. In section 68(1)(a) (investigation by Regulator of contravention of licence condition), after "licence" insert "which does not relate to consumer protection".
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| | 14. After section 71 insert-
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"Other functions of the Authority |
| Investigatory functions. |
71A. - (1) Subject to subsection (2) below, it shall be the duty of the Authority to investigate any alleged or apprehended contravention of a condition of a licence which relates to consumer protection if the alleged or apprehended contravention is the subject of a representation (other than one appearing to him to be frivolous or vexatious) made to the Authority by or on behalf of a person who appears to the Authority to have an interest in the matter.
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(2) The Authority may, if it thinks fit, require a consultative committee to investigate and report to it on any matter falling within subsection (1) above which relates to-
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(a) the provision of services for the carriage of passengers by railway, or |
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(b) the provision of station services, |
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and which it would otherwise have been the Authority's duty to investigate."
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Registers |
| | 15. In section 72(2)(a) (matters about licences to be entered in register maintained by Regulator-
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(a) in sub-paragraph (iii) (modifications and revocations of licences), insert at the end "and every requirement to modify conditions of a licence imposed on the Regulator by the Authority", |
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(b) in sub-paragraph (iv) (revocation of licence exemptions), insert at the end "and every requirement to revoke a licence exemption imposed on the Regulator by the Authority", |
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(c) in sub-paragraph (vii) (enforcement orders etc.), for "which relates" substitute "made by the Regulator in relation", and |
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(d) after that sub-paragraph insert- |
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"(viii) every scheme made by the Secretary of State under paragraph 3 of Schedule 9 to the Railways Act 1999;".
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| | 16. In section 73(2) (matters which Authority is to enter in register maintained by it)-
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(a) in paragraph (e) (provisions of enforcement orders etc.), for "which relates to" substitute "made by the Authority in relation to a licence or", and |
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"(g) every licence with conditions relating to consumer protection, every licence exemption with such conditions and every approval given by the Authority to such conditions of a licence or licence exemption; |
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(h) every assignment of a licence to which the Authority has consented; |
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(i) every requirement to modify conditions of a licence imposed by the Authority on the Regulator; |
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(j) every requirement to revoke a licence exemption imposed by the Authority on the Regulator; |
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(k) every requirement imposed, or consent or approval given, by the Authority under a licence; |
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(l) every scheme made by the Secretary of State under paragraph 3 of Schedule 9 to the Railways Act 1999;". |
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