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Section 16: Modification by order under other enactments.

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

Part I: The Provision of Railway Services

Where the CMA or (as the case may be) the Secretary of State (in this section "the relevant authority") makes a relevant order, the order may also provide for the modification of the conditions of a licence to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

In subsection (1) above "relevant order" means—

an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—
one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the supply of services relating to railways; or
one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the supply of services relating to railways; or
an order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the supply of services relating to railways.

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

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.

Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part; and in subsection (2) above "services relating to railways" has the same meaning as in section 67(2A) of this Act.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.