Overview

The Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 amended the Channel Tunnel Rail Link Act 1996, clarifying the Secretary of State's powers, updating access contract regulations, altering the Office of Rail Regulation's duties, and granting the Office the power to charge fees.

Description

This Act made several key changes to the 1996 Act:

• Secretary of State's Powers: Clarified the Secretary of State's authority regarding the rail link, ensuring compatibility with the Railways Act 2005.
• Access Contracts: Removed outdated clauses from section 17 of the 1996 Act, streamlining access agreements.
• Office of Rail Regulation (ORR) Duties: Removed outdated subsections and definitions from section 21 of the 1996 Act, simplifying the ORR's regulatory functions.
• ORR Fee Charging Powers: Granted the ORR the power to charge fees to rail link undertakers for its regulatory functions, with fees set to cover costs incurred. This includes provisions for determining fees for multiple undertakers and recovery of unpaid fees as civil debts.
• Definition of "Development Agreement": Updated the definition of "development agreement" in the 1996 Act to include "operation," clarifying its scope.

Government Spending

The Act's impact on government spending is indirect. While it grants the ORR fee-charging powers, this is intended to offset the ORR's costs, not to generate additional government revenue. No specific figures are provided within the Act itself.

Groups Affected

• Secretary of State for Transport: Their powers concerning the rail link were clarified.
• Office of Rail Regulation (ORR): Their duties were redefined, and they gained the power to levy fees.
• Rail Link Undertakers: These companies now face potential fees for the ORR's regulatory activities.

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