HC Deb 10 May 2000 vol 349 cc924-5

'.—(1) In section 15 of the Railways Act 1993 (modification of licence conditions following report of Competition Commission), after subsection (4) insert— (4A) Where (after considering any representations or objections which are duly made and not withdrawn) the Regulator or Authority proposes to make or require the making of modifications under this section, he or it shall give notice to the Competition Commission—

  1. (a) setting out the modifications he proposes to make or it proposes to require to be made; and
  2. (b) stating the reasons why he proposes to make the modifications or it proposes to require the making of them.
(4B) The Regulator or Authority shall include with the notice under subsection (4A) above a copy of any representations and objections which have been considered. 4C) If the period within which a direction may be given by the Competition Commission under section 15A below expires without such a direction being given, the Regulator or Authority shall make, or require the making of, the modifications set out in the notice given under subsection (4A) above. (4D) If a direction is given by the Competition Commission under section 15A(1)(b) below, the Regulator or Authority shall make, or require the making of, such of those modifications as are not specified in the direction. (2) After that section insert— Competition Commission's power to veto modifications following report 15A.—(1) The Competition Commission 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 the Regulator or Authority—
  1. (a) not to make, or require the making of, the modifications set out in the notice; or
  2. (b) not to make such of those modifications as are specified in the direction.
 (2) The Secretary of State may, if an application is made to him by the Competition Commission 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 Competition Commission are given notice under section 15(4A) above. (3) The Competition Commission 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.

(4) If the Competition Commission give a direction under this section, they shall give notice—

  1. (a) setting out the modifications contained in the notice given under section 15(4A) above;
  2. (b) setting out the direction; and
  3. (c) stating the reasons why they are giving the direction.

(5) A notice under subsection (4) above shall be given—

  1. (a) by publishing the notice in such manner as the Competition Commission 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
  2. (b) by serving a copy of the notice on the holder of the licence.