Commentary on Sections Duties of Office of Rail Regulation Section 3
12.Section 3 of the Act makes some changes to the duties of the ORR in relation to the CTRL. In sections 21(1) and (2) of the 1996 Act, the ORR was given specific duties in relation to the CTRL which were designed to ensure that the exercise of the ORR’s regulatory functions in relation to the national railway did not have an adverse impact on the construction project and the funding streams of the privately owned railway.
13.The duty on the ORR in subsection (1) of section 21 is considered to remain relevant to the operation of the CTRL under the development agreement. However, the duty in subsection (2) of section 21 is no longer applicable with the completion of the construction project and there are consequential amendments to the rest of the section.