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Channel Tunnel Rail Link Act 1996 (c. 61)

(The document as of February, 2008)

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Channel Tunnel Rail Link Act 1996

1996 CHAPTER 61

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    The Channel Tunnel Rail Link

    1. Works

      1. 1. Construction and maintenance of scheduled works.

      2. 2. Further and supplementary provisions.

      3. 3. Highways.

    2. Land

      1. 4. Acquisition within limits shown on deposited plans.

      2. 5. Acquisition outside limits shown on deposited plans.

      3. 6. Temporary possession and use.

      4. 7. Extinguishment of private rights of way.

      5. 8. Extinguishment of rights of statutory undertakers etc.

    3. Planning and heritage

      1. 9. Planning: general.

      2. 10. Permitted development: time limits.

      3. 11. Fees for planning applications.

      4. 12. Heritage.

      5. 13. Heritage: rights of entry.

    4. Operation

      1. 14. Operation and use of authorised works.

      2. 15. Bye-laws.

    5. Application of railway legislation

      1. 16. Licensing.

      2. 17. Access agreements.

      3. 18. Closures.

      4. 19. Railway administration orders.

      5. 20. Other legislation.

    6. Functions of the Rail Regulator

      1. 21. Duties as to exercise of regulatory functions.

      2. 22. Restriction of functions in relation to competition etc.

    7. Competition

      1. 23. Restrictive trade practices.

      2. 24. Monopoly situations.

      3. 25. Anti-competitive practices.

      4. 26. Sections 23 to 25: supplementary provisions.

    8. Trees

      1. 27. Power to deal with trees on neighbouring land.

      2. 28. Disapplication of controls.

    9. Noise

      1. 29. Control of construction sites: appeals.

      2. 30. Proceedings in respect of statutory nuisance: defence.

    10. Financial matters

      1. 31. Expenditure in connection with securing construction of works.

      2. 32. Reserved capacity on the rail link: expenditure.

      3. 33. Undertakings with respect to financial assistance etc.

    11. Miscellaneous and general

      1. 34. Holder of functions of nominat title="Arbitration.">43. Arbitration.

  2. Part II

    The A2 and M2 Improvement Works

    1. 44. Authorised works.

    2. 45. Acquisition of land.

    3. 46. Blight: compensation for pre-enactment acquisition.

  3. Part III

    Miscellaneous and General

    1. 47. Time limit for powers of compulsory acquisition.

    2. 48. Power to acquire land by reference to combined effect of works.

    3. 49. Noise insulation regulations: procedure.

    4. 50. Overhead lines.

    5. 51. Replacement concrete batching facilities at St. Pancras.

    6. 52. Protection of interests.

    7. 53. Correction of deposited plans.

    8. 54. Service of documents.

    9. 55. Financial provision.

    10. 56. Interpretation.

    11. 57. Short title.

  4. Schedules:

    1. Schedule 1

      Scheduled works.

    2. Schedule 2

      Works: further and supplementary provisions.

    3. Schedule 3

      Highways.

    4. Schedule 4

      Acquisition of land within limits shown on deposited plans.

      1. Part I

        Purposes for which certain land may be acquired or used.

      2. Part II

        Application of legislation relating to compulsory purchase.

      3. Part III

        Supplementary provisions.

    5. Schedule 5

      Temporary possession and use of land.

    6. Schedule 6

      Planning conditions.

      1. Part I

        Qualifying authorities.

      2. Part II

        Development in Greater London.

      3. Part III

        Development in Essex or Kent.

      4. Part IV

        Supplementary.

    7. Schedule 7

      Heritage.

    8. Schedule 8

      Heritage: rights of entry.

    9. Schedule 9

      Application of other railway legislation.

      1. Part I

        Railways Clauses Acts.

      2. Part II

        Other legislation.

    10. Schedule 10

      Disapplication and modification of miscellaneous controls.

    11. Schedule 11

      Burial grounds: removal of human remains and monuments.

    12. Schedule 12

      The A2 and M2 improvement works.

      1. Part I

        The authorised works.

      2. Part II

        Interference with highways and means of access.

      3. Part III

        Miscellaneous.

    13. Schedule 13

      A2 and M2 improvement works: purposes for which certain land may be acquired or used.

    14. Schedule 14

      Overhead lines: consent.

    15. Schedule 15

      Protective provisions.

      1. Part I

        Protection for highways and traffic.

      2. Part II

        Protection for electricity, gas, water and sewerage undertakers.

      3. Part III

        Protection of land drainage, flood defence, water resources and fisheries.

      4. Part IV

        Protection of telecommunications operators.

      5. Part V

        Protection of Port of Sheerness Limited.

      6. Part VI

        Protection of British Waterways Board.

      7. Part VII

        Protection of Port of London Authority.

An Act to provide for the construction, maintenance and operation of a railway between St. Pancras, in London, and the Channel Tunnel portal at Castle Hill, Folkestone, in Kent, together with associated works, and of works which can be carried out in conjunction therewith; to make provision about related works; to provide for the improvement of the A2 at Cobham, in Kent, and of the M2 between junctions 1 and 4, together with associated works; to make provision with respect to compensation in relation to the acquisition of blighted land; and for connected purposes.

[18th December 1996]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I The Channel Tunnel Rail Link

Works

1 Construction and maintenance of scheduled works

(1) The nominated undertaker may construct and maintain the works specified in Schedule 1 to this Act ("the scheduled works"), being--

(a) works for the construction of a railway between St. Pancras in London and the Channel Tunnel portal at Castle Hill, Folkestone, Kent,

(b) works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) above, and

(c) works which can conveniently be carried out at the same time as works included in paragraph (a) or (b) above.

(2) Subject to subsection (3) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(3) In constructing or maintaining any of the scheduled works, the nominated undertaker may--

(a) deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown, and

(b) deviate vertically from the level shown for that work on the deposited sections--

(i) to any extent not exceeding 3 metres upwards, and

(ii) to any extent downwards.

2 Further and supplementary provisions

Schedule 2 to this Act (which contains further and supplementary provisions about works) shall have effect.

3 Highways

Schedule 3 to this Act (which makes provision in relation to highways in connection with the works authorised by this Part of this Act) shall have effect.



Land

4 Acquisition within limits shown on deposited plans

(1) The Secretary of State is authorised by this section to acquire compulsorily--

(a) so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for or in connection with the works authorised by this Part of this Act, and

(b) so much of the land so shown within the limits of land to be acquired or used as may be so required.

(2) Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part I of Schedule 4 to this Act as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part as one for which that land may be acquired or used.

(3) Part II of Schedule 4 to this Act (application of legislation relating to compulsory purchase) and Part III of that Schedule (supplementary provisions) shall have effect.

5 Acquisition outside limits shown on deposited plans

(1) The Secretary of State may acquire compulsorily land outside the relevant limits which is required for or in connection with the works authorised by this Part of this Act.

(2) Without prejudice to the generality of subsection (1) above, the land which may be compulsorily acquired under that subsection shall include land which is or will be required--

(a) for use in mitigating the effect on the environment of any of the works authorised by this Part of this Act,

(b) for use in relocating apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act, or

(c) for the purpose of being given in exchange for land forming part of a common, open space or fuel or field garden allotment which is acquired under section 4(1) above.

(3) The power of acquiring land compulsorily under subsection (1) above shall include power to acquire an easement or other right over land by the grant of a new right.

(4) The [1981 c. 67.] Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under subsection (1) above; and Schedule 3 to that Act shall apply to a compulsory acquisition by virtue of subsection (3) above.

(5) Part I of the [1965 c. 56.] Compulsory Purchase Act 1965, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of subsection (3) above with the modifications mentioned in paragraph 8(2)(a) and (b) of Schedule 4 to this Act.

(6) In this section--

  • "apparatus" includes a sewer, drain or tunnel and any structure for the lodging therein of apparatus or for gaining access to apparatus;

  • "common" includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

  • "fuel or field garden allotment" means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

  • "open space" means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground; and

  • "the relevant limits" means the limits of deviation for the scheduled works and the limits of land to be acquired or used.

6 Temporary possession and use

Schedule 5 to this Act (which contains provisions about temporary possession and use of land for the purposes of this Part of this Act) shall have effect.

7 Extinguishment of private rights of way

(1) All private rights of way over land which is held by the Secretary of State as being required for or in connection with the works authorised by this Part of this Act shall be extinguished--

(a) in the case of land held by the Secretary of State immediately before the coming into force of this Act, on the coming into force of this Act, and

(b) in the case of land acquired by the Secretary of State after the coming into force of this Act, at the appropriate time.

(2) For the purposes of subsection (1)(b) above, the appropriate time is the time of acquisition, except where land--

(a) is acquired compulsorily, and

(b) is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised,

in which case it is the time of entry under that provision.

(3) Any person who suffers loss by the extinguishment of any right of way under this section shall be entitled to be compensated by the nominated undertaker.

(4) Any dispute as to a person's entitlement to compensation under this section, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

(5) This section does not apply in relation to any right of way to which section 271 or 272 of the [1990 c. 8.] Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) applies.

8 Extinguishment of rights of statutory undertakers etc

(1) Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) shall apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Part of this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.

(2) In the application of sections 271 to 273 of that Act by virtue of subsection (1) above, references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.

(3) In their application by virtue of subsection (1) above, sections 271 and 272 of that Act shall also have effect with the following modifications--

(a) in subsection (2), for the words from "with" to "appropriated" there shall be substituted "authorised by Part I of the Channel Tunnel Rail Link Act 1996", and

(b) in subsection (5), for the words from "local" to "or undertakers" there shall be substituted "a person other than a Minister, he".

(4) In the Town and Country Planning Act 1990, any reference to, or to any provision of, section 271, 272 or 273 shall include a reference to, or to that provision of, that section as applied by subsection (1) above.

(5) In their application by virtue of subsection (4) above, the following provisions of that Act shall have effect with the following modifications--

(a) in section 274(3), for "local authority or statutory undertakers" there shall be substituted "person", and

(b) in sections 274(5), 279(2) to (4) and 280(6), references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.



Planning and heritage

9 Planning: general

(1) Subject to subsections (2) and (4) below, planning permission shall be deemed to be granted under Part III of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Part of this Act.

(2) In the case of development consisting of the provision of parking at St. Pancras in London, other than short term parking for coaches or taxis, subsection (1) above shall only apply to development which--

(a) is carried out on land within the limits of deviation for Works Nos. 1C, 1CC, 5C, 5D, 5D(1) or 5EE or the land in the London Borough of Camden numbered 37 and 61 on the deposited plans, and

(b) does not, when taken together with any other relevant development--

(i) so far as involving the provision of parking for cars, involve the provision of more than 750 parking spaces, and

(ii) so far as involving the provision of parking for coaches, involve the provision of more than 30 parking spaces.

(3) For the purposes of subsection (2)(b) above, relevant development is development consisting of the provision of parking, other than short term parking for coaches or taxis--

(a) which is carried out on such land as is mentioned in subsection (2)(a) above, and

(b) for which planning permission is deemed by subsection (1) above to be granted.

(4) In the case of development consisting of the provision of a combined international and domestic passenger station and parking at Ebbsfleet in Kent, subsection (1) above shall only apply to development which--

(a) is carried out on the land in the borough of Dartford, parish of Swanscombe and Greenhithe, numbered 25 to 33 on the deposited plans and the land in the borough of Gravesham, town of Gravesend, numbered 16, 17, 22 to 34, 45, 46, 109, 110 and 112 on those plans, and

(b) does not involve the provision of more than 9,000 parking spaces.

(5) Schedule 6 to this Act (which makes provision about planning conditions) shall have effect in relation to development for which planning permission is deemed by subsection (1) above to be granted, other than development to which subsection (2) or (4) above applies.

(6) The planning permission deemed by subsection (1) above to be granted shall, so far as relating to development to which subsection (2) or (4) above applies, be deemed to be granted subject to a condition specifying the matters mentioned in subsection (7) below as reserved matters for the subsequent approval of the relevant planning authority.

(7) The matters referred to above are--

(a) in the case of development to which subsection (2) above applies, the siting, design and external appearance of, and means of access to, the development, and

(b) in the case of development to which subsection (4) above applies, the siting, layout, design, external appearance and landscaping of the development.

(8) Development for which permission is deemed by this section to be granted shall be treated as not being development of a class for which planning permission is granted by the [S.I. 1995/418.] Town and Country Planning (General Permitted Development) Order 1995 (or any order replacing that order).

(9) Planning permission which is deemed by this section to be granted shall be treated as specific planning permission for the purposes of section 264(3)(a) of the [1990 c. 8.] Town and Country Planning Act 1990 (specific planning permission for the development of statutory undertakers' land relevant to whether the land is operational land).

(10) In subsections (2) and (4) above, references to development consisting of the provision of parking do not include development consisting of the provision of parking on working sites.

(11) In subsection (6) above, "relevant planning authority" means--

(a) in relation to Greater London, the local planning authority, and

(b) in relation to Essex or Kent, the district planning authority.

10 Permitted development: time limits

(1) It shall be a condition of the planning permission deemed by section 9(1) above to be granted, so far as relating to--

(a) development consisting of the carrying out of a scheduled work, or

(b) development to which section 9(2) or (4) above applies,

that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.

(2) The Secretary of State may, in relation to any development to which the condition imposed by subsection (1) above applies, by order extend the period by reference to which the condition operates.

(3) The power conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Nothing in section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) shall apply to the planning permission deemed by section 9(1) above to be granted.

(5) Section 94 of that Act (completion notices) shall apply where development to which section 9(2) or (4) above applies has been begun within the period by reference to which the condition mentioned in subsection (1) above operates, but that period has elapsed without the development having been completed.

(6) In their application by virtue of subsection (5) above, sections 94(2) and (5) and 95(2) of that Act shall have effect with the insertion after "permission" of "deemed by section 9(1) of the Channel Tunnel Rail Link Act 1996 to be granted, so far as relating to the development,".

11 Fees for planning applications

(1) The appropriate Ministers may by regulations make provision about fees for relevant planning applications.

(2) Regulations under subsection (1) above may, in particular--

(a) make provision for the payment to the authority to which a relevant planning application is made of a fee of a prescribed amount,

(b) make provision for the remission or refunding of a prescribed fee (in whole or part) in prescribed circumstances,

(c) make provision for a prescribed fee to be treated as paid in prescribed circumstances,

(d) make provision about the time for payment of a prescribed fee,

(e) make provision about the consequences of non-payment of a prescribed fee, including provision for the termination of the application concerned or any appeal against its refusal, and

(f) make provision for the resolution of disputes.

(3) Regulations under subsection (1) above may--

(a) make such supplementary, incidental or consequential provision as the appropriate Ministers think fit, and

(b) make different provision for different cases.

(4) The power to make regulations under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Nothing in regulations under section 303 of the [1990 c. 8.] Town and Country Planning Act 1990 (fees for planning applications) shall apply to a relevant planning application.

(6) In this section--

  • "the appropriate Ministers" means the Secretary of State for the Environment and the Secretary of State for Transport acting jointly;

  • "prescribed" means prescribed in regulations under subsection (1) above; and

  • "relevant planning application" means a request for approval under the planning permission deemed by section 9(1) above to be granted.

12 Heritage

Schedule 7 to this Act (which makes provision for the disapplication or modification, in relation to authorised works, of controls relating to listed buildings, buildings in conservation areas and ancient monuments etc.) shall have effect.

13 Heritage: rights of entry

Schedule 8 to this Act (which makes provision about rights of entry for the Historic Buildings and Monuments Commission for England and the Royal Commission on the Historical Monuments of England) shall have effect.



Operation

14 Operation and use of authorised works

(1) The nominated undertaker may, in relation to the works authorised by this Part of this Act--

(a) operate them for the purpose of providing infrastructure services, and

(b) use them for the purpose of providing services for the carriage of passengers or goods.

(2) In subsection (1) above, the reference to infrastructure services is to services which are network services or station services for the purposes of Part I of the [1993 c. 43.] Railways Act 1993.

15 Bye-laws

For the purposes of section 129 of the Railways Act 1993 (power of independent railway operator to make bye-laws), the nominated undertaker shall be treated as an independent railway operator.



Application of railway legislation

16 Licensing

(1) Section 6(1) of the [1993 c. 43.] Railways Act 1993 (which prohibits any person from acting as the operator of a network, station or train being used on a network unless authorised by a licence under section 8 of that Act) shall not apply in relation to--

(a) any network comprised in the rail link,

(b) any rail link station, or

(c) any train being used, in circumstances in which subsection (2) below applies, on a network comprised in the rail link.

(2) This subsection applies if--

(a) the train is being used to provide a service involving travel through the Channel Tunnel, or

(b) the operator of the train is a rail link undertaker and the train is being used to provide a service for the carriage of goods which does not involve carriage outside the rail link.

(3) There shall not be included in a licence under section 8 of the Railways Act 1993 any condition relating to an activity in respect of which the licence holder is exempt from section 6(1) of that Act by virtue of subsection (1) above; and any condition which is included in such a licence shall be of no effect so far as relating to such an activity.

(4) For the purposes of subsection (1)(b) above, the following stations are rail link stations--

(a) St. Pancras in London,

(b) any station constructed for the purposes of the rail link in exercise of the powers conferred by this Part of this Act, and

(c) any station constructed for the purposes of the rail link at Stratford, in the London Borough of Newham.

(5) Any expression used in this section and Part I of the Railways Act 1993 shall have the same meaning in this section as it has in that Part.

17 Access agreements

(1) No directions under section 17(1) of the Railways Act 1993 (which enables the Rail Regulator to direct facility owners to enter into contracts for the use of their railway facilities) may be given to a rail link undertaker in relation to a rail link facility.

(2) Subject to subsection (3) below, section 18(1) of that Act (which restricts the freedom of a facility owner to enter into an access contract) shall not apply to the entry by a rail link undertaker into an access contract relating to a rail link facility.

(3) Where only part of a rail link facility is used for the purposes of or in connection with the provision of services on the rail link, subsection (2) above shall only apply if the access contract is restricted to that part of the facility.

(4) No directions under section 19(1) of that Act (which enables the Rail Regulator to direct installation owners to enter into contracts for the use of their installations) may be given to a rail link undertaker in relation to a network installation comprised in the rail link.

(5) In this section--

  • "access contract", "network installation" and "railway facility" have the same meanings as in Part I of the [1993 c. 43.] Railways Act 1993; and

  • "rail link facility" means a railway facility which is used wholly or partly for the purposes of or in connection with the provision of services for the carriage of passengers or goods on the rail link.

18 Closures

The following provisions of the Railways Act 1993--

  • section 38 (proposals to discontinue franchised etc. passenger services), and

  • section 48(3) (duties in relation to discontinuation of certain experimental passenger services),

shall not have effect in relation to services which involve travel on the rail link.

19 Railway administration orders

(1) In section 59 of the 1993 Act (which defines a railway administration order as a court order under section 60, 61 or 62 of that Act in relation to a protected railway company) subsection (6) (paragraph (a) of which defines a "protected railway company" and paragraph (b) of which defines its "relevant activities") shall have effect, in relation to a rail link service operator--

(a) with the omission, in paragraph (a), of "both" and the words from "and the" to the end, and

(b) with the substitution for paragraph (b)(i) and (ii) of "its activities as the operator of a railway asset".

(2) For the purposes of the following provisions, namely--

(a) sections 60(1)(b), 61(1)(a)(ii) and (2)(b), and 62(2)(a)(ii), (3)(b), (5)(a)(ii), (6)(b) and (7)(b) of the 1993 Act, and

(b) sections 13(3)(b), 18(1)(b) and 27(1A) of the 1986 Act, as applied by Schedule 6 to the 1993 Act,

(which give the Director of Passenger Rail Franchising a role in relation to a protected railway company which is the holder of a passenger licence) a rail link service operator which is the holder of a passenger licence shall be treated as if it were not the holder of such a licence.

(3) Section 60 of the 1993 Act (railway administration orders made on special petitions), in its application to a rail link service operator, shall have effect with the following modifications--

(a) in subsection (1), for "either or both" there shall be substituted "any",

(b) in subsection (2), at the end there shall be inserted--

" (c) that an agreement between the Secretary of State and a relevant rail link undertaker has terminated. " , and

(c) in subsection (7), at the end there shall be inserted--

" "rail link" has the same meaning as in the Channel Tunnel Rail Link Act 1996;

"relevant rail link undertaker" means a person who, under section 34 of that Act, is the nominated undertaker for any purpose of section 1(1) or 14(1)(a) of that Act, so far as relating to the rail link. "

(4) Section 17 of the 1986 Act (duties of administrator), as applied by Schedule 6 to the 1993 Act, shall have effect, in relation to the administration of a rail link service operator, with the insertion after subsection (2) of--

" (2A) Subsection (2) shall only apply if the proposals have been approved by the Secretary of State and, where he approves them with modifications, shall apply as if the proposals prepared for the purposes of section 23 were the proposals as so modified. "

(5) The following provisions of the 1986 Act, as applied by Schedule 6 to the 1993 Act, namely, sections 18(4), 21(2), 23(1) and (2) and 27(6) (which require documents to be sent to specified persons) shall not have effect to require any document relating to a rail link service operator to be sent to the Director of Passenger Rail Franchising.

(6) In Schedule 7 to the 1993 Act (transfer of relevant activities in connection with railway administration orders) paragraph 2 (making and modification of transfer schemes) shall have effect, where the company in relation to which a railway administration order has been made is a rail link service operator, with the following modifications--

(a) in sub-paragraph (2), the words from "or" to the end shall be omitted,

(b) in sub-paragraph (3), the words "or the Franchising Director" shall be omitted,

(c) in sub-paragraph (6), the words "or the Franchising Director" shall be omitted, and

(d) in sub-paragraph (7), the words from "or, in a" to "Director" shall be omitted.

(7) An agreement by the Secretary of State shall be effective notwithstanding that, in the case of a rail link service operator, it fetters the Secretary of State in relation to a discretion under sections 60 to 65 of, and Schedules 6 and 7 to, the 1993 Act (the railway administration order provisions of the Act).

(8) The Secretary of State may by order repeal subsection (4) above.

(9) The power conferred by subsection (8) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this section--

  • "operator", in relation to a railway asset, means the person having the management of that railway asset for the time being;

  • "passenger licence" and "railway asset" have the same meanings as in Part I of the 1993 Act;

  • "rail link service operator" means a person who, under section 34 below, is the nominated undertaker for any purpose of section 14(1)(b) above, so far as relating to the rail link;

  • "the 1986 Act" means the [1986 c. 45.] Insolvency Act 1986; and

  • "the 1993 Act" means the [1993 c. 43.] Railways Act 1993.

20 Other legislation

Schedule 9 to this Act (which makes provision with respect to the incorporation of the Railways Clauses Acts and the application of miscellaneous other enactments relating to railways) shall have effect.



Functions of the Rail Regulator

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21 Duties as to exercise of regulatory functions

(1) The Rail Regulator shall have an overriding duty to exercise his regulatory functions in such a manner as not to impede the performance of any development agreement.

(2) In exercising his regulatory functions in relation to the use by a rail link undertaker of any existing network--

(a) for trains used in connection with the construction of the rail link, or

(b) for trains used to provide international services,

the Rail Regulator shall also be under a duty to have regard to the financial position of the rail link undertaker.

(3) The Rail Regulator may by notice require a person to whose financial position he is required by subsection (2) above to have regard to furnish to him, in such form and manner as may be specified in the notice, such information relating to that person's financial position as may be so specified, being information which the Rail Regulator considers necessary for the purpose of facilitating the performance of his duty under that subsection.

(4) If any person makes default in complying with a notice under subsection (3) above, the High Court may, on the application of the Rail Regulator, make such order as it thinks fit for requiring the default to be made good.

(5) An order under subsection (4) above may provide that all the costs or expenses of and incidental to the application under that subsection shall be borne by the person in default or, in the case of a company or other association, by any of its officers who are responsible for its default.

(6) In this section--

  • "existing", in relation to a network, means not comprised in the rail link;

  • "international services" means services involving travel through the Channel Tunnel;

  • "network" has the same meaning as in Part I of the [1993 c. 43.] Railways Act 1993; and

references to the Rail Regulator's regulatory functions are to the functions assigned or transferred to him under or by virtue of Part I of the Railways Act 1993.

22 Restriction of functions in relation to competition etc

(1) The Rail Regulator shall not be entitled to exercise any functions under section 67(1) of the [1973 c. 41.] Railways Act 1993 (under which he may be required to exercise the Director General of Fair Trading's consumer protection functions under Part III of the Fair Trading Act 1973, so far as relating to courses of conduct detrimental to consumers of railway services) in relation to a course of conduct persisted in by a rail link undertaker in relation to the supply of railway services, so far as relating to the rail link.

(2) The functions of the Rail Regulator, so far as relating to monopoly situations which exist or may exist in relation to the supply of railway services, shall not be exercisable by him in relation to the supply by a rail link undertaker of railway services, so far as relating to the rail link.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12

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