The Office of Rail Regulation (Change of Name) Regulations 2015

Document Number:2015 No. 1682
Coming into force:Coming into force on the 16/10/2015
 
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Statutory Instruments

Public Passenger Transport

Highways, England

Made

10 th September 2015

Laid before Parliament

17 th September 2015

Coming into force

16 th October 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 15 A of the Railways and Transport Safety Act 2003(1):

Citation and commencement

  1. —(1) These Regulations may be cited as the Office of Rail Regulation (Change of Name) Regulations 2015.

    (2) These Regulations come into force on 16 th October 2015.

    New name for the Office of Rail Regulation

  2. —(1) The body corporate established under section 15 of the Railways and Transport Safety Act 2003 is to be known as the Office of Rail and Road.

    (2) The consequential amendments in the Schedule have effect.

    Signed by authority of the Secretary of State for Transport

    Andrew Jones

    Parliamentary Under Secretary of State

    Department for Transport

    10 th September 2015

    Regulation 2(2)

    SCHEDULEChange of name of the Office of Rail Regulation: consequential amendments

    PART 1 Amendments to primary legislation

    Railways Act 1993

  3.   In the following provisions of the Railways Act 1993(2) and, in the case of sections 4 , 18 , 19 A, 67 , 72 , 74 and 80 in the headings preceding them, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

    (a) section 4(3) (general duties of the Secretary of State and the Office of Rail Regulation);

    (b) section 6(4)(4) (prohibition on unauthorised operators of railway assets);

    (c) section 7(5) (exemptions from section 6);

    (d) section 8(6) (licences);

    (e) section 9(7) (conditions of licences: general);

    (f) section 11(2)(b)(8) (assignment of licences);

    (g) section 12(9) (modification by agreement);

    (h) section 13(10) (modification of references to the CMA);

    (i) section 13 A(11) (references under section 13: time limits);

    (j) section 14(12) (reports on modification references);

    (k) section 15(13) (modification following report);

    (l) section 15 A(1)(14) (CMA’s power to veto modifications following report);

    (m) section 15 B(2) and (5)(15) (making of modifications by CMA);

    (n) section 15 C(2 E) , (2 F) and (3)(16) (sections 15 A and 15 B: supplementary);

    (o) section 16(3)(17) (modification by order under other enactments);

    (p) section 16 A(18) (provision, improvement and development of railway facilities);

    (q) section 16 B(1)(19) (exemption of railway facilities from section 16 A);

    (r) section 16 C(20) (making of applications for directions);

    (s) section 16 D(21) (procedure for considering applications);

    (t) section 16 E(22) (decisions on applications: adequate reward);

    (u) section 16 F(23) (other provisions about decisions);

    (v) section 16 G(24) (directions: compliance, variation and revocation);

    (w) section 16 H(25) (code of practice);

    (x) section 16 I(2)(26) (supplementary);

    (y) section 17(1) and (5)(27) (access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities);

    (z) section 18(28) (access agreements: contracts requiring the approval of the Office of Rail Regulation);

    (aa) section 19(29) (access agreements: contracts for the use, on behalf of the Secretary of State, of installations comprised in a network);

    (bb) section 19 A(30) (review of access charges by Office of Rail Regulation);

    (cc) section 20(31) (exemption of railway facilities from sections 17 , 18 and 22 A);

    (dd) section 21(32) (model clauses for access contracts);

    (ee) section 22(33) (amendment of access agreements);

    (ff) section 22 A(34) (directions to require amendment permitting more extensive use);

    (gg) section 22 C(35) (amendment: supplementary);

    (hh) section 24(3)(36) (exemption of passenger services from section 23(1));

    (ii) section 26(2)(37) (invitations to tender for franchises);

    (jj) section 55(5 ZA)(38) , (5 A) , (5 AA)(39) , (5 D)(b)(40) and (10)(a)(41) (orders for securing compliance);

    (kk) section 56(2 A)(42) (procedural requirements for section 55 orders);

    (ll) section 57 A(5) to (7)(43) (penalties);

    (mm) section 57 B(44) (statement of policy);

    (nn) section 57 C(3)(45) (procedural requirements for penalties);

    (oo) section 67(46) (competition functions of the Office of Rail Regulation);

    (pp) section 68(47) (investigatory functions);

    (qq) section 69(48) (general functions);

    (rr) section 71(49) (publication of information and advice);

    (ss) section 72(50) (keeping of register by the Office of Rail Regulation);

    (tt) section 73(7)(51) (keeping of register by the Secretary of State);

    (uu) section 73 A(52) (keeping of register by the Scottish Ministers);

    (vv) section 74(53) (annual and other reports of the Office of Rail Regulation);

    (ww) section 76(5 A)(54) (general railway duties of Passengers’ Council);

    (xx) section 80(55) (duty of certain persons to furnish information to the Secretary of State, the Scottish Ministers or the Office of Rail Regulation on request);

    (yy) section 95(1)(56) (power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes);

    (zz) section 118(1)(a) , (3) , (5) and (9)(57) (control of railways in time of hostilities, severe international tension or great national emergency);

    (aaa) section 145(2)(a)(58) , (ga) and (gb)(59) , (5)(60) and (6 A)(61) , (general restrictions on disclosure of information);

    (bbb) Schedule 4(62) (access agreements: applications for access contracts);

    (ccc) the following provisions of Schedule 4 A(63) (review of access charges by Regulator)—

    (i) paragraphs 1 and 1 A to 1 H(64) ,

    (ii) paragraphs 4 to 9(65) , and

    (iii) paragraphs 11 to 16(66); and

    (ddd) paragraphs 7 to 10 of Schedule 6(67) (railway administration orders).

    Railways and Transport Safety Act 2003

  4.   In the following provisions of, and headings in, the Railways and Transport Safety Act 2003 , for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

    (a) the heading to Part 2 (Office of Rail Regulation);

    (b) section 15(1) (establishment);

    (c) section 62(1)(k) (public consultation);

    (d) the heading to, and paragraph 1(1) of, Schedule 1 (Office of Rail Regulation: constitution); and

    (e) Schedule 3 (abolition of rail regulator: savings).

    Railways Act 2005

  5.   In the following provisions of the Railways Act 2005(68) , for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

    (a) section 22(7)(b) and (9)(c) (proposal by service operator to discontinue non-franchised services);

    (b) section 23 (proposal by funding authority to discontinue non-franchised services);

    (c) section 24 (proposals to discontinue franchised or secured services);

    (d) section 25(6) (proposal to discontinue excluded services);

    (e) section 26 (proposal by operator to close passenger network);

    (f) section 27 (proposal by funding authority to close passenger network);

    (g) section 28 (proposal to discontinue operation of secured network);

    (h) section 29 (proposal by operator to close station);

    (i) section 30 (proposal by funding authority to close station);

    (j) section 31 (proposal to discontinue operation of secured station);

    (k) section 32 (references to the ORR);

    (l) section 33(69) (closure requirements);

    (m) section 34 (minor modifications);

    (n) section 36(6) (designation of experimental passenger services);

    (o) section 37(5) (discontinuance of experimental passenger services);

    (p) section 45(3(b)(iii) (interpretation of Part 4);

    (q) section 51 (ORR to assist and advise national authorities);

    (r) paragraphs 10(2) , 24(2) and 26(2)(b) of Schedule 1 (transfer and abolition of functions);

    (s) the following provisions of Schedule 3 (transfer of safety functions)—

    (i) paragraph 1(5)(a) (railway safety purposes) ,

    (ii) paragraph 2(70) (ORR’s principal railway safety functions) ,

    (iii) paragraphs 4(71) to 6 (reports and investigations) ,

    (iv) paragraph 7(72) (ORR acting as agent of government departments and other public authorities) ,

    (v) paragraph 8 (government departments and other public authorities acting as agent of ORR) ,

    (vi) paragraph 10(1) and (2)(73) (co-operation with the HSC) ,

    (vii) paragraph 11 (information powers corresponding to section 27 of the 1974 Act) , and

    (viii) paragraph 15 (interpretation);

    (t) paragraph 11 of Schedule 4 (reviews by ORR of access charges and licence conditions: commencement of Schedule);

    (u) paragraph 16(2)(a)(74) of Schedule 5 (admission of public to meetings); and

    (v) paragraph 34(1) of Schedule 10 (taxation provisions: interpretation of Schedule).

    Other enactments

  6.   In the following enactments and in the headings referred to, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

    (a) section 13(1 A) and (12) of the Transport Act 1962(75) (the Boards’ powers of manufacture and production);

    (b) Schedule 2 to the Parliamentary Commissioner Act 1967(76) (departments etc. subject to investigation);

    (c) the following provisions of the Health and Safety at Work etc. Act 1974(77)—

    (i) section 15(3 B)(78) (health and safety regulations) ,

    (ii) section 18(79) (authorities responsible for enforcement of the relevant statutory provisions) ,

    (iii) section 43 A(80) (railway safety levy) , and

    (iv) section 50(1 A)(a)(81) (regulations under the relevant statutory provisions);

    (d) Part II of Schedule 1 to the House of Commons Disqualification Act 1975(82) (bodies of which all members are disqualified);

    (e) section 1 of the Level Crossings Act 1983(83) (safety arrangements at level crossings);

    (f) section 101(2)(b) of the Telecommunications Act 1984(84) (general restrictions on disclosure of information);

    (g) section 74(2)(a) of the Airports Act 1986(85) (restriction on disclosure of information);

    (h) section 9 E(2)(d) of the Company Directors Disqualification Act 1986(86) (disqualification for competition infringement: interpretation);

    (i) Schedule 15 to the Water Industry Act 1991(87) (disclosure of information);

    (j) Schedule 24 to the...

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