Section 67 Competition functions of the Office of Rail and RoadF53 F3

England, Wales and Scotland

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The functions to which subsection (2A) below applies shall be concurrent functions of the Office of Rail and Road and the F4CMA.

(2A)

This subsection applies to the functions of the F5CMA under Part 4 of the Enterprise Act 2002 (other than sections 166 F6, 167C F7, 171 and 174E) so far as F8those functions—

(a)

are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and

(b)

relate to the supply of services relating to railways.

(2B)

So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) F9above—

(a)

references in Part 4 of the Act of 2002 to the F10CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to the Office of Rail and Road (except in sections 166 F11, 167C F12, 171 and 174E of that Act and in any other provision of that Act where the context otherwise F13requires);

(b)

references in that Part to section 5 of the Act of 2002 are to be construed as including references to section 69(1) of this Act.

F14(2C)

Section 130A of the Act of 2002 is to have effect in its application in relation to the Office of Rail and Road by virtue of subsections (2) and (2A)—

(a)

as if for subsection (1) of that section there were substituted—

“(1)
Where the Office of Rail and Road—
(a)
is proposing to carry out its functions under section 69(1) of the Railways Act 1993 in relation to a matter for the purposes mentioned in subsection (2), and
(b)
considers that the matter is one in respect of which it would be appropriate for it to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,
the Office of Rail and Road must publish a notice under this section (referred to in this Part as a “market study notice”).”, and

(b)

as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “the supply of services relating to railways within the meaning of section 67(3ZA) of the Railways Act 1993”.

(F15F163)

The Office of Rail and Road shall be entitled to exercise, concurrently with the F17CMA, the functions of the CMA under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6) F18, 35C, 38(1) to (6) F19, 40B(1) to (4) and 51), so far as relating to—

(a)

agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,

(b)

conduct of the kind mentioned in section 18(1) of that Act, F20or

(F21c)

transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),

which relate to the supply of services relating to railways.

(F223ZA)

In F23subsections (2A) and (3) above “services relating to railways” means—

(a)

railway services;

(b)

the provision or maintenance of rolling stock;

(c)

the development, maintenance or renewal of a network, station or light maintenance depot; and

(d)

the development, provision or maintenance of information systems designed wholly or mainly for facilitating the provision of railway services.

(3ZB)

The Secretary of State may by order amend subsection (3ZA) above; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.

(3A)

So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 F24(including references in provisions of the Enterprise Act 2002 applied by that Part) to F25the CMA are to be read as including a reference to the Office of Rail and Road (F26except in sections 31D(1) to (6) F27, 35C, 38(1) to (6) , 40B(1) to (4), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

C3(F284)

Before the CMA or the Office of Rail and Road first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.

(4A)

Neither the F29CMA nor the Office of Rail and Road shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.

(5)

It shall be the duty of the Office of Rail and Road, for the purpose of assisting F30a CMA group in carrying out an investigation on a reference falling within subsection (6) below, to give to the F31group —

(a)

any information which is in F32its possession and which relates to matters falling within the scope of the investigation and—

(i)

is requested by the group for that purpose; or

(ii)

is information which in its opinion it would be appropriate for that purpose to give to the group without any such request; and

(b)

any other assistance which the group may require and which it is within its power to give, in relation to any such matters;

and the group shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.

(6)

The references which fall within this subsection are—

(a)

any F33market investigation reference made by the Office of Rail and Road (under section 131 of the Enterprise Act 2002) by virtue of subsection (2) F34or (3) above; and

(b)

any reference made to the F35CMA by the Secretary of State under section 11 of the 1980 Act, if the person who is the subject of the reference is—

(i)

F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

a publicly owned railway company which supplies network services or station services.

F37(6A)

In subsection (5) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

(7)

A copy of any report of the F38CMA F39under section 136 or 142 of the Enterprise Act 2002 which relates to F40the supply of services relating to railways may be transmitted by the F41CMA to the Office of Rail and Road, notwithstanding that the reference F42. . . could not have been made by the Office of Rail and Road.

(8)

F43If any question arises as to whether subsection (2) or (3) above applies to any particular case , that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—

(a)

F44Part 4 of the Enterprise Act 2002, or

F45(b)

Part I of the Competition Act 1998 (F46other than sections 31D(1) to (6) F47, 35C, 38(1) to (6) F48, 40B(1) to (4) and 51),

by or in relation to the Office of Rail and Road on the ground that it should have been done by or in relation to F49the CMA.

F50(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(11)

In making any decision, or otherwise taking action, for the purposes of any of its functions that—

(a)

by virtue of this section, are functions exercisable concurrently with the CMA, and

(b)

in the case of functions under the Competition Act 1998, are functions within Schedule 4A to the Enterprise and Regulatory Reform Act 2013 by virtue of paragraph 5 of that Schedule,

the Office of Rail and Road must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

Annotations

Textual amendments

F1: S. 67(1) repealed (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(9)(a), Sch. 26; S.I 2003/766, {art. 2}, Sch. (with transitional and transitory provision in art. 3)
F2: S. 67(2)-(2B) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 Pt. 2 para. 21(2); S.I. 2003/1397, art. 2(1), Sch.
F3: Words in s. 67 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(oo)
F4: Word in s. 67(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(2) (with art. 3)
F5: Word in s. 67(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(3)(a) (with art. 3)
F6: Word in s. 67(2A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 19(2); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F7: Words in s. 67(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(3)(b) (with art. 3)
F8: Words in s. 67(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(3)(c) (with art. 3)
F9: Words in s. 67(2B) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(4)(a) (with art. 3)
F10: Word in s. 67(2B) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(4)(b) (with art. 3)
F11: Word in s. 67(2B)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 19(3); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F12: Words in s. 67(2B) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(4)(c) (with art. 3)
F13: Words in s. 67(2B) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(4)(d) (with art. 3)
F14: S. 67(2C) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(5) (with art. 3)
F15: S. 67(3)(3A) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) for s. 67(3) by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 6(5) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.
F16: S. 67(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), art. 1(b), Sch. 2 para. 6(2)(a)
F17: Word in s. 67(3)(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(6) (with art. 3)
F18: Word in s. 67(3) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 19(4); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F19: Words in s. 67(3)(3A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 7; S.I. 2014/416, art. 2(1)(f) (with Sch.)
F20: Word in s. 67(3)(b) inserted (31.12.2020) by S.I. 2019/93, Sch. 1 para. 6(2) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 18)
F21: S. 67(3)(c) substituted for s. 67(3)(c)(d) (31.12.2020) by S.I. 2019/93, Sch. 1 para. 6(3) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 18)
F22: S. 67(3ZA)(3ZB) inserted (1.2.2001) by 2000 c. 38, s. 243(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F23: Words in s. 67(3ZA) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(3); S.I. 2003/1397, art. 2, Sch.
F24: Words in s. 67(3A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 8; S.I. 2024/1226, regs. 1(2), 2(1)(17)
F25: Words in s. 67(3A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(7) (with art. 3)
F26: Words in s. 67(3A) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), art. 1(b), Sch. 2 para. 6(2)(b)
F27: Word in s. 67(3A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 19(5); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F28: S. 67(4)(4A) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(4); S.I. 2003/1397, art. 2(1), Sch.
F29: Word in s. 67(4A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(6) (with art. 3)
F30: Words in s. 67(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(8)(a) (with art. 3)
F31: Word in s. 67(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(8)(b) (with art. 3)
F32: Word in s. 67 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)
F33: Words in s. 67(6)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(9)(a) (with art. 3)
F34: Words in s. 67(6)(a) repealed by 1998 c. 41, ss. 66(5), 74(3), Sch. 10 Pt. II para. 6(7), Sch. 14 Pt. I (with s. 73) (which repeal was brought into force at 26.11.1998 in so far as words in s. 67(6)(a) omitted for specified purposes by virtue of Sch. 10 Pt. II para. 6(7) of the repealing Act by S.I. 1998/2750, art. 2 and was brought wholly into force at 1.3.2000 by S.I. 2000/344, art. 2, Sch)
F35: Word in s. 67(6)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(9)(b) (with art. 3)
F36: S. 67(6)(b)(i) repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911 {art. 2}, Sch. (subject to the transitional and saving provisions in arts. 3-7)
F37: S. 67(6A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(10) (with art. 3)
F38: Word in s. 67(7) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(11)(a) (with art. 3)
F39: Words in s. 67(7) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(5)(a); S.I. 2003/1397, art. 2(1), Sch.
F40: Words in s. 67(7) substituted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 21(3)
F41: Word in s. 67(7) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(11)(b) (with art. 3)
F42: Words in s. 67(7) repealed (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 278, 279, Sch. 9 para. 21(5)(b), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)
F43: Words in s. 67(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 14; S.I. 2014/416, art. 2(1)(e) (with Sch.)
F44: Words in s. 67(8) substituted (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 279, Sch. 9 para. 21(6)(c); S.I. 2003/1397, art. 2(1), Sch.
F45: S. 67(8)(b) substituted (26.11.1998 for specified purposes and otherwise 1.3.2000) by 1998 c. 41, ss. 66(5), 76(3), Sch. 10 Pt. II para. 6(8) (with s. 73); S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.
F46: Words in s. 67(8)(b) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), art. 1(b), Sch. 2 para. 6(2)(c)
F47: Word in s. 67(8)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 19(6); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F48: Words in s. 67(8)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 7; S.I. 2014/416, art. 2(1)(f) (with Sch.)
F49: Words in s. 67(8) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(12) (with art. 3)
F50: S. 67(9) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 19(7); S.I. 2024/1226, regs. 1(2), 2(1)(16)
F51: S. 67(10) repealed (20.6.2003) by 2002 c. 40, ss. 86(5), 164(2), 168(9), 278, 279, Sch. 9 para. 21(8), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)
F52: S. 67(11) inserted (1.1.2025 for specified purposes, 6.4.2025 for specified purposes) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 29 para. 10; S.I. 2024/1226, regs. 1(2), 2(1)(21); S.I. 2025/272, reg. 2(1)(13)
F53: S. 67 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(14) (with art. 3)

Modifications

C1: S. 67(1) restricted (18.12.1996) by 1996 c. 61, s. 22(1)
C2: S. 67(2) applied (3.1.1995) by 1994 c. 40, s. 7(2), Sch. 2 para. 11(2)
C3: S. 67(4) restricted (18.12.1996) by 1996 c. 61, s. 22(4)

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)

Section 67 Competition functions of the Office of Rail and RoadF53F3

Annotations

Textual amendments

Modifications

Notes on Part I

Modifications

Commencement

Section 67 Competition functions of the Office of Rail and RoadF53 F3