Section 15A CMA's power to veto modifications following report.F1F5C1
England, Wales and Scotland
The F2CMA may, within the period of four weeks beginning with the day on which they are given notice under section 15(4A) above, give a direction to F3the Office of Rail and Road F4. . . —
not to make, or require the making of, the modifications set out in the notice; or
not to make such of those modifications as are specified in the direction.
The Secretary of State may, if an application is made to him by the CMA within that period of four weeks, extend the period within which a direction may be given under this section to one of six weeks beginning with the day on which the CMA are given notice under section 15(4A) above.
The CMA may give a direction under this section only if the modifications to which it relates do not appear to them requisite for the purpose of remedying or preventing the adverse effects specified in their report on the reference under section 13 above.
If the CMA give a direction under this section, they shall give notice—
setting out the modifications contained in the notice given under section 15(4A) above;
setting out the direction; and
stating the reasons why they are giving the direction.
A notice under subsection (4) above shall be given—
by publishing the notice in such manner as the CMA consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the direction; and
by serving a copy of the notice on the holder of the licence.
Annotations
Textual amendments
- F1
S. 15A inserted (1.2.2001) by 2000 c. 38, s. 242(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
- F2
Words in ss. 15A(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 75(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
- F3
Words in s. 15A(1) 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(l)
- F4
Words in s.15(A) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
- F5
Word in s. 15A heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 75(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Modifications
- C1
S. 15A applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(b)
Notes on Part I
Modifications
- C1
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
- C2
Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)
Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)
Commencement
- I1
Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5
Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)