Section 15B: Making of modifications by CMA .

Railways Act 1993 · 1993 c. 43View on legislation.gov.uk

Part I: The Provision of Railway Services

If the CMA give a direction under section 15A above, they shall themselves make such modifications of the conditions of the licence as 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; or
such of those adverse effects as would not be remedied or prevented by the modifications made by the Office of Rail Regulation, . . . , under section 15(4D) above.

In exercising the function conferred by subsection (1) above, 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.

Before making modifications under this section, the CMA shall give notice—

stating that they propose to make the modifications and setting out their effect,
stating the reasons why they propose to make the modifications, and
specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

A notice under subsection (3) 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 making of the modifications; and
by serving a copy of the notice on the holder of the licence.

As soon as practicable after making any modifications under this section, the CMA shall send a copy of those modifications to the Office of Rail and Road, the Authority and the Health and Safety Executive.

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