Section 67: Competition functions of the Office of Rail and Road, Railways Act 1993

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

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

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

relate to the supply of services relating to railways.

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

references in Part 4 of the Act of 2002 to the CMA (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 , 167C , 171 and 174E of that Act and in any other provision of that Act where the context otherwise requires);

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.

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)—

as if for subsection (1) of that section there were substituted—1Where the Office of Rail and Road— the Office of Rail and Road must publish a notice under this section (referred to in this Part as a "market study notice").ais 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), andbconsiders 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,, and

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".

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

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

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

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.

In subsections (2A) and (3) above "services relating to railways" means—

railway services;

the provision or maintenance of rolling stock;

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

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

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.

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 (including references in provisions of the Enterprise Act 2002 applied by that Part) to the CMA are to be read as including a reference to the Office of Rail and Road (except in sections 31D(1) to (6) , 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).

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.

Neither the CMA 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.

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

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

is requested by the group for that purpose; or

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

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.

The references which fall within this subsection are—

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

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

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

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

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

If 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—

Part 4 of the Enterprise Act 2002, or

Part I of the Competition Act 1998 (other than sections 31D(1) to (6) , 35C, 38(1) to (6) , 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 the CMA.

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

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

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.

Section 67: Competition functions of the Office of Rail and Road

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