Section 13: Modification references to the CMA, Railways Act 1993

The Office of Rail and Road may make to the Monopolies and Mergers Commission (in this Act referred to as the CMA) a reference which is so framed as to require the CMA to investigate and report on the questions—

whether any matters which—

relate to the provision of any railway services by means of a railway asset, or railway assets of a class or description, whose operator acts as such by virtue of a licence, and

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 modifications of the conditions of the licence.

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The Office of Rail and Road may, at any time, by notice given to the CMA vary a reference under this section by adding to the matters specified in the reference or by excluding from the reference some or all of the matters so specified; and on receipt of any such notice the CMA shall give effect to the variation.

The Office of Rail and Road may specify in a reference under this section, 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 its opinion, the matters specified in the reference or variation have or may be expected to have; and

any modifications of the conditions of the licence by which, in its opinion, those effects could be remedied or prevented.

As soon as practicable after making a reference under this section or a variation of such a reference, the Office of Rail and Road—

shall serve a copy of the reference or variation on the holder of the licence; and

shall publish particulars of the reference or variation in such manner as it considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

The Office of Rail and Road shall also send a copy of a reference under this section, or a variation of such a reference, to the Secretary of State; and if, before the end of the period of 28 days beginning with the day on which the Secretary of State receives the copy of the reference or variation, the Secretary of State directs the CMA not to proceed with the reference or, as the case may require, not to give effect to the variation, the CMA shall comply with the direction.

It shall be the duty of the Office of Rail and Road, for the purpose of assisting the CMA in carrying out an investigation on a reference under this section, to give to the CMA —

any information in the possession of the Office of Rail and Road 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 the opinion of the Office of Rail and Road, 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 the power of the Office of Rail and Road to give, in relation to any such matters;

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

In determining for the purposes of this section 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 above.

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Nothing in this section applies in relation to any term of a licence to the extent that it makes provision for the revocation or surrender of the licence.

The functions of the CMA with respect to a reference under this section 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 modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 13B and 15C).

Section 13: Modification references to the CMA

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