Paragraph 9
England, Wales and Scotland
A reference to the F1CMA under this paragraph shall be so framed as to require them to investigate and report on the questions specified in sub-paragraph (2) below.
Those questions are—
whether the matters considered on the access charges review which are specified in the reference operate, or may be expected to operate, against the public interest; and
if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by the making of relevant changes.
On receipt of such a notice the CMA shall give effect to the variation.
The Office of Rail and Road may specify in a reference under this paragraph, or a variation of such a reference, for the purpose of assisting the CMA in carrying out the investigation on the reference—
any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and
any relevant changes by which, in his opinion, those effects could be remedied or prevented.
As soon as practicable after making a reference under this paragraph, or a variation of such a reference, the Regulator—
shall serve a copy of the reference or variation on the persons on whom a copy of the review notice was served; and
shall publish particulars of the reference or variation in such manner as he considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.
A reference to the F5CMA under this paragraph must be accompanied by—
any information which in the case in question was provided to the Office of Rail and Road by the Secretary of State or the Scottish Ministers under paragraph 1D;
any information to which he or they referred in discharging the obligation imposed by that paragraph;
any suggestion which in that case was made under paragraph 1E; and
any revision of anything falling within paragraph (a) to (c) which has been notified to that Office under paragraph 1F or 1G.
For the purpose of assisting the CMA in carrying out an investigation on a reference under this paragraph, the Office of Rail and Road shall give to the CMA F6(in addition to the information and revisions mentioned in sub-paragraph (6A)) any information in F7its possession which relates to matters falling within the scope of the investigation and—
is requested by the CMA for that purpose; or
is information which, in its opinion, it would be appropriate for that purpose to give to the CMA without any such request;
and any other assistance which the CMA may require, and which it is within its power to give, in relation to any such matters.
For the purpose of carrying out such an investigation, the CMA shall take account of any information given to them for that purpose under F8sub-paragraphs (6A) and (7) above.
In determining for the purposes of this paragraph whether any particular matter operates, or may be expected to operate, against the public interest, the CMA shall have regard to the matters as respects which duties are imposed on the Office of Rail and Road by section 4 of this Act F9and to the information, suggestions and revisions mentioned in sub-paragraph (6A)
The functions of the CMA with respect to a reference under this paragraph are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraphs 10A and 15).
Annotations
Textual amendments
- F1
Word in Sch. 4A para. 9(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 81(5)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
- F2
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)
- F3
Words in Sch. 4A para. 9(3)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 81(5)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
- F4
Sch. 4A para. 9(6A) inserted (29.1.2007) by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 7(1); S.I. 2007/62, art. 2
- F5
Words in Sch. 4A para. 9(6A)-(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 81(5)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
- F6
Words in Sch. 4A para. 9(7) inserted (29.1.2007) by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 7(2); S.I. 2007/62, art. 2
- F7
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)
- F8
Words in Sch. 4A para. 9(8) substituted (29.1.2007) by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 7(3); S.I. 2007/62, art. 2
- F9
Words in Sch. 4A para. 9(9) inserted (29.1.2007) by Railways Act 2005 (c. 14), ss. 4, 60, Sch. 4 para. 7(4); S.I. 2007/62, art. 2
- F10
Sch. 4A para. 9(10) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 81(5)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
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 Reference to CMA
Textual amendments
- F1
Word in Sch. 4A para. 9 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 81(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)