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

Made: 10th September 2015

Laid before Parliament: 17th September 2015

Coming into force: 16th October 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 15A of the Railways and Transport Safety Act 2003[^f00001]:

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 16th 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.

SCHEDULE — Change of name of the Office of Rail Regulation: consequential amendments

PART 1 — Amendments to primary legislation

Railways Act 1993

1

In the following provisions of the Railways Act 1993[^f00002] and, in the case of sections 4, 18, 19A, 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[^f00003] (general duties of the Secretary of State and the Office of Rail Regulation);

• (b) section 6(4)[^f00004] (prohibition on unauthorised operators of railway assets);

• (c) section 7[^f00005] (exemptions from section 6);

• (d) section 8[^f00006] (licences);

• (e) section 9[^f00007] (conditions of licences: general);

• (f) section 11(2)(b)[^f00008] (assignment of licences);

• (g) section 12[^f00009] (modification by agreement);

• (h) section 13[^f00010] (modification of references to the CMA);

• (i) section 13A[^f00011] (references under section 13: time limits);

• (j) section 14[^f00012] (reports on modification references);

• (k) section 15[^f00013] (modification following report);

• (l) section 15A(1)[^f00014] (CMA’s power to veto modifications following report);

• (m) section 15B(2) and (5)[^f00015] (making of modifications by CMA);

• (n) section 15C(2E), (2F) and (3)[^f00016] (sections 15A and 15B: supplementary);

• (o) section 16(3)[^f00017] (modification by order under other enactments);

• (p) section 16A[^f00018] (provision, improvement and development of railway facilities);

• (q) section 16B(1)[^f00019] (exemption of railway facilities from section 16A);

• (r) section 16C[^f00020] (making of applications for directions);

• (s) section 16D[^f00021] (procedure for considering applications);

• (t) section 16E[^f00022] (decisions on applications: adequate reward);

• (u) section 16F[^f00023] (other provisions about decisions);

• (v) section 16G[^f00024] (directions: compliance, variation and revocation);

• (w) section 16H[^f00025] (code of practice);

• (x) section 16I(2)[^f00026] (supplementary);

• (y) section 17(1) and (5)[^f00027] (access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities);

• (z) section 18[^f00028] (access agreements: contracts requiring the approval of the Office of Rail Regulation);

• (aa) section 19[^f00029] (access agreements: contracts for the use, on behalf of the Secretary of State, of installations comprised in a network);

• (bb) section 19A[^f00030] (review of access charges by Office of Rail Regulation);

• (cc) section 20[^f00031] (exemption of railway facilities from sections 17, 18 and 22A);

• (dd) section 21[^f00032] (model clauses for access contracts);

• (ee) section 22[^f00033] (amendment of access agreements);

• (ff) section 22A[^f00034] (directions to require amendment permitting more extensive use);

• (gg) section 22C[^f00035] (amendment: supplementary);

• (hh) section 24(3)[^f00036] (exemption of passenger services from section 23(1));

• (ii) section 26(2)[^f00037] (invitations to tender for franchises);

• (jj) section 55(5ZA)[^f00038], (5A), (5AA)[^f00039], (5D)(b)[^f00040] and (10)(a)[^f00041] (orders for securing compliance);

• (kk) section 56(2A)[^f00042] (procedural requirements for section 55 orders);

• (ll) section 57A(5) to (7)[^f00043] (penalties);

• (mm) section 57B[^f00044] (statement of policy);

• (nn) section 57C(3)[^f00045] (procedural requirements for penalties);

• (oo) section 67[^f00046] (competition functions of the Office of Rail Regulation);

• (pp) section 68[^f00047] (investigatory functions);

• (qq) section 69[^f00048] (general functions);

• (rr) section 71[^f00049] (publication of information and advice);

• (ss) section 72[^f00050] (keeping of register by the Office of Rail Regulation);

• (tt) section 73(7)[^f00051] (keeping of register by the Secretary of State);

• (uu) section 73A[^f00052] (keeping of register by the Scottish Ministers);

• (vv) section 74[^f00053] (annual and other reports of the Office of Rail Regulation);

• (ww) section 76(5A)[^f00054] (general railway duties of Passengers’ Council);

• (xx) section 80[^f00055] (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)[^f00056] (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)[^f00057] (control of railways in time of hostilities, severe international tension or great national emergency);

• (aaa) section 145(2)(a)[^f00058], (ga) and (gb)[^f00059], (5)[^f00060] and (6A)[^f00061], (general restrictions on disclosure of information);

• (bbb) Schedule 4[^f00062] (access agreements: applications for access contracts);

• (ccc) the following provisions of Schedule 4A[^f00063] (review of access charges by Regulator)—

• (i) paragraphs 1 and 1A to 1H[^f00064],

• (ii) paragraphs 4 to 9[^f00065], and

• (iii) paragraphs 11 to 16[^f00066]; and

• (ddd) paragraphs 7 to 10 of Schedule 6[^f00067] (railway administration orders).

Railways and Transport Safety Act 2003

2

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

3

In the following provisions of the Railways Act 2005[^f00068], 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[^f00069] (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[^f00070] (ORR’s principal railway safety functions),

• (iii) paragraphs 4[^f00071] to 6 (reports and investigations),

• (iv) paragraph 7[^f00072] (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)[^f00073] (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)[^f00074] of Schedule 5 (admission of public to meetings); and

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

Other enactments

4

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(1A) and (12) of the Transport Act 1962[^f00075] (the Boards’ powers of manufacture and production);

• (b) Schedule 2 to the Parliamentary Commissioner Act 1967[^f00076] (departments etc. subject to investigation);

• (c) the following provisions of the Health and Safety at Work etc. Act 1974[^f00077]—

• (i) section 15(3B)[^f00078] (health and safety regulations),

• (ii) section 18[^f00079] (authorities responsible for enforcement of the relevant statutory provisions),

• (iii) section 43A[^f00080] (railway safety levy), and

• (iv) section 50(1A)(a)[^f00081] (regulations under the relevant statutory provisions);

• (d) Part II of Schedule 1 to the House of Commons Disqualification Act 1975[^f00082] (bodies of which all members are disqualified);

• (e) section 1 of the Level Crossings Act 1983[^f00083] (safety arrangements at level crossings);

• (f) section 101(2)(b) of the Telecommunications Act 1984[^f00084] (general restrictions on disclosure of information);

• (g) section 74(2)(a) of the Airports Act 1986[^f00085] (restriction on disclosure of information);

• (h) section 9E(2)(d) of the Company Directors Disqualification Act 1986[^f00086] (disqualification for competition infringement: interpretation);

• (i) Schedule 15 to the Water Industry Act 1991[^f00087] (disclosure of information);

• (j) Schedule 24 to the Water Resources Act 1991[^f00088] (disclosure of information);

• (k) section 37(2) of the Deregulation and Contracting Out Act 1994[^f00089] (power to repeal certain health and safety provisions);

• (l) the following provisions of the Channel Tunnel Rail Link Act 1996[^f00090]—

• (i) section 17[^f00091] (access agreements),

• (ii) the cross-heading before section 21,

• (iii) section 21[^f00092] (duties as to exercise of regulatory functions), and

• (iv) section 21A[^f00093] (fees);

• (m) section 54(1)(e)[^f00094] of the Competition Act 1998[^f00095] (regulators);

• (n) the following provisions of the Greater London Authority Act 1999[^f00096] and, in the case of section 228, the heading preceding it—

• (i) section 199(1)[^f00097] (licence exemptions and facility exemptions),

• (ii) section 200(1) and (2)[^f00098] (railway access contracts),

• (iii) section 228[^f00099] (same person as PPP arbiter and Office of Rail Regulation: duties of staff),

• (iv) section 235(2)(b)[^f00100] (restrictions on disclosure of information),

• (v) section 252B(1)(b)[^f00101] (references to Committee in relation to railways),

• (vi) section 252C(5)[^f00102] (action on investigation under section 252B), and

• (vii) paragraph 15(2)(a) of Schedule 18[^f00103] (London Transport Users’ Committee);

• (o) section 105(5)(h) of the Utilities Act 2000[^f00104] (general restrictions on disclosure of information);

• (p) the following provisions of, and headings in, the Transport Act 2000[^f00105]—

• (i) the heading to section 215,

• (ii) section 216[^f00106] (assumption of certain functions of Office of Rail Regulation) and the heading preceding it,

• (iii) paragraph 3(2)(k)[^f00107] of Schedule 9 (air traffic: information),

• (iv) paragraph 13(3)(a)[^f00108] of Schedule 10 (competition test: functions and agreements relating to buses),

• (v) the heading to Schedule 17 (transfers to SRA from Office of Rail Regulation), and

• (vi) the heading to Part II of Schedule 26 (transfers to SRA from Franchising Director, Secretary of State and Office of Rail Regulation);

• (q) the following provisions of the Enterprise Act 2002[^f00109]—

• (i) section 136(7)(e) and (8)[^f00110] (investigations and reports on market investigation references), and

• (ii) section 168(4)(h) and (j), and (5)(i)[^f00111] (regulated markets);

• (r) section 24(5)(c) of the Legislative and Regulatory Reform Act 2006[^f00112] (functions to which sections 21 and 22 apply);

• (s) the following provisions of the Regulatory Enforcement and Sanctions Act 2008[^f00113]—

• (i) section 73(2)(c) (functions to which section 72 applies), and

• (ii) Schedule 5 (designated regulators);

• (t) the following provisions of the Crossrail Act 2008[^f00114]—

• (i) section 22 (objective of ORR in relation to Crossrail),

• (ii) section 23 (duty of ORR to publish reports),

• (iii) section 30(5) (duty to co-operate), and

• (iv) section 54 (arbitration);

• (u) paragraph 4(2) of Schedule 6 of the Civil Aviation Act 2012[^f00115] (restrictions on disclosing information);

• (v) the following provisions of the Enterprise and Regulatory Reform Act 2013[^f00116]—

• (i) section 52(4)(d) (power to remove concurrent competition functions of sectoral regulators),

• (ii) section 53(2)(c) (orders under section 52: procedural requirements), and

• (iii) paragraph 16(7)(d) of Schedule 4 (the Competition and Markets Authority);

• (w) the following provisions of the Energy Act 2013[^f00117]—

• (i) section 84(6) (investigations),

• (ii) section 89(8)(h) (provision of information or advice to relevant authorities),

• (iii) section 90(2)(a)(ii) (arrangements with government departments etc.), and

• (iv) paragraph 10(2)(h) of Schedule 9 (protected information: permitted disclosures and restrictions on use);

• (x) sections 10(1), 11(1), 12(1) and 13(1) of the Infrastructure Act 2015[^f00118] (monitor); and

• (y) paragraph 8(1)(i) of Schedule 3 to the Consumer Rights Act 2015[^f00119] (enforcement of the law on unfair contract terms and notices).

PART 2 — Amendments to secondary legislation

Railways Infrastructure (Access and Management) Regulations 2005

5

In the following provisions of the Railways Infrastructure (Access and Management) Regulations 2005[^f00120], for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

• (a) regulation 2(3) (amendments, repeals, revocations and transitional provisions);

• (b) regulation 3(1) (interpretation);

• (c) regulation 5(5) (access rights);

• (d) regulation 6(4) (access to terminals and ports);

• (e) regulation 7(7) (access to services);

• (f) regulation 10 (business plans);

• (g) regulation 11 (network statement);

• (h) regulation 12 (establishing, determining and collecting charges);

• (i) regulation 13 (infrastructure costs and accounts);

• (j) regulation 16 (capacity allocation);

• (k) regulation 18(12) (framework agreements);

• (l) regulation 20(7) (scheduling and co-ordination);

• (m) regulation 22(3) (declaration of specialised infrastructure);

• (n) regulation 23(3) (congested infrastructure);

• (o) regulation 25(6) (capacity enhancement plan);

• (p) regulation 28 (regulatory body);

• (q) regulation 29 (appeals to the regulatory body);

• (r) regulation 29A (regulatory decisions concerning international passenger services);

• (s) regulation 30 (competition in the rail services market);

• (t) regulation 31 (provision of information to the regulatory body);

• (u) regulation 32(2) (the International Rail Regulator);

• (v) regulation 36(3) (civil proceedings); and

• (w) paragraph 2 of Schedule 3 (principles of access charging).

Railways and Other Guided Transport Systems (Safety) Regulations 2006

6

In the following provisions of the Railways and Other Guided Transport Systems (Safety) Regulations 2006[^f00121], for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

• (a) regulation 2(1) (interpretation and application);

• (b) regulation 2A (determination of exclusion from the mainline railway);

• (c) regulation 5(7) (safety management system for the mainline railway);

• (d) regulation 7 (safety certificate);

• (e) regulation 8 (amended safety certificate);

• (f) regulation 9 (further safety certificate);