Overview

The Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 made minor amendments to the Channel Tunnel Rail Link Act 1996, primarily clarifying the roles and powers of the Secretary of State and the Office of Rail Regulation (ORR) regarding the rail link, and enabling the ORR to charge fees for its regulatory functions.

Description

This Act modified several sections of the 1996 Act. Key changes include:

• Secretary of State's Powers: Clarified that the Secretary of State retains powers concerning the rail link, regardless of other provisions in the 1996 Act.
• Access Contracts: Removed outdated clauses from the 1996 Act relating to access agreements.
• Office of Rail Regulation (ORR) Duties: Removed obsolete subsections detailing ORR duties, simplifying its regulatory responsibilities.
• ORR Fee-Charging Powers: Granted the ORR the power to charge fees to rail link undertakers for its regulatory activities. These fees must be reasonably incurred costs. The ORR can revise notices and refund overpayments. Fees do not apply to specific functions detailed in the Railways Act 1993.
• Definition of "Development Agreement": Updated the definition of "development agreement" in the 1996 Act to include "operation" alongside "maintenance".

Government Spending

The Act itself did not directly allocate or change government spending. However, the ability of the ORR to charge fees could potentially reduce the need for government funding to support the ORR's regulatory activities related to the Channel Tunnel Rail Link.

Groups Affected

• Secretary of State for Transport: Their powers regarding the rail link were clarified.
• Office of Rail Regulation (ORR): Gained the power to charge fees and had some of its responsibilities streamlined.
• Rail Link Undertakers: Became subject to fee charges imposed by the ORR for regulatory functions.

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