Need for modification. A notice given by the Office of Rail and Road under Clause 10.1 shall have effect if it is satisfied on reasonable grounds that either or both of the following conditions has been satisfied: 10.3.1 the modification in question is or is likely to be reasonably required in order to promote or achieve the objectives specified in section 4 of the Act; and 10.3.2 the interests of any relevant person or persons would be unfairly prejudiced if the modification in question were not made, and the need to avoid or remedy such unfair prejudice outweighs or is likely to outweigh any prejudice which will or is likely to be sustained by any other relevant person or persons if the modification is made, having due regard to the need to enable relevant persons to plan the future of their businesses with a reasonable degree of assurance.
Appears in 2 contracts
Need for modification. A notice given by the Office of Rail and Road Regulation under Clause 10.1 shall have effect if it is satisfied on reasonable grounds that either or both of the following conditions has been satisfied:
10.3.1 the modification in question is or is likely to be reasonably required in order to promote or achieve the objectives specified in section 4 of the Act; and
10.3.2 the interests of any relevant person or persons would be unfairly prejudiced if the modification in question were not made, and the need to avoid or remedy such unfair prejudice outweighs or is likely to outweigh any prejudice which will or is likely to be sustained by any other relevant person or persons if the modification is made, having due regard to the need to enable relevant persons to plan the future of their businesses with a reasonable degree of assurance.
Appears in 1 contract
Samples: Station Access Agreement
Need for modification. A notice given by the Office of Rail and Road under Clause 10.1 shall have effect if it is satisfied on reasonable grounds that either or both of the following conditions has have been satisfied:
10.3.1 the modification in question is or is likely to be reasonably required in order to promote or achieve the objectives specified in section 4 of the Act; and
10.3.2 the interests of any relevant person or persons would be unfairly prejudiced if the modification in question were not made, and the need to avoid or remedy such unfair prejudice outweighs or is likely to outweigh any prejudice which will or is likely to be sustained by any other relevant person or persons if the modification is made, having due regard to the need to enable relevant persons to plan the future of their businesses with a reasonable degree of assurance.
Appears in 1 contract
Samples: Station Access Agreement
Need for modification. A notice given by the Office of Rail and Road Regulation under Clause 10.1 shall have effect if it is satisfied on reasonable grounds that either or both of the following conditions has have been satisfied:
10.3.1 the modification in question is or is likely to be reasonably required in order to promote or achieve the objectives specified in section 4 of the Act; and
10.3.2 the interests of any relevant person or persons would be unfairly prejudiced if the modification in question were not made, and the need to avoid or remedy such unfair prejudice outweighs or is likely to outweigh any prejudice which will or is likely to be sustained by any other relevant person or persons if the modification is made, having due regard to the need to enable relevant persons to plan the future of their businesses with a reasonable degree of assurance.
Appears in 1 contract
Samples: Station Access Agreement