Paragraph 1A F1

England, Wales and Scotland

(1)

Where F2the 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.

Annotations

Textual amendments

F1: Sch. 4A paras. 1-1H and cross-headings substituted for Sch. 4A para. 1 (29.1.2007) by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 2 (with Sch. 4 para. 11)
F2: Words in Sch. 4A substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(ccc)(i)

Notes on Schedule 4A

Textual amendments

F1: Sch. 4A inserted (30.11.2000) by 2000 c. 38, ss. 231(2), 275(1), Sch. 24, Sch. 28 paras. 11, 17