Paragraph 8

England, Wales and Scotland

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objections are duly made by a person within paragraph 4(4)(a) or (b) above (and not withdrawn); or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although no objections are duly made by a person within paragraph 4(4)(a) or (b) above (or any that are so made are withdrawn), relevant objections are duly made (and not withdrawn) in relation to a similar review notice relating to another access agreement.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

F1the Office of Rail and Road may—

(a)

give a new review notice under paragraph 4 above; or

(b)

make a reference to the F2CMA 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.

F3(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 F4its 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).

Annotations

Textual amendments

F1: Words in Sch. 4A paras. 4-9 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)(ii)
F2: Word in Sch. 4A para. 8(2)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 81(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3: Sch. 4A para. 8(4A) inserted (29.1.2007) by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 6; S.I. 2007/62, art. 2
F4: Word in Sch. 4A substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, Sch. 2 para. 3(c) Table; S.I. 2004/827, art. 4(g)

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
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 New review notice or reference to CMA

Textual amendments

F1: Words in Sch. 4A para. 8 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 81(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)