Paragraph 12 I1

Section 55 (orders for securing compliance) is amended as follows.

For subsection (5A) substitute—

“(5A)

Before making a final order or making or confirming a provisional order, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(5AA)

The Office of Rail Regulation shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.”

In subsection (5D)(b), for “(5A)” substitute “ (5AA) ”.