reg 6 Assumptions
(1) Where a railway service provider— (a) receives a request for information under regulation 4(1) or 4(4); and (b) fails to provide the information requested by the date specified in that request; the Office of Rail Regulation may make such assumptions concerning the information as are reasonable in all the circumstances. (2) The Office of Rail Regulation shall notify a railway service provider in writing as soon as reasonably practicable— (a) that it intends to make an assumption in accordance with paragraph (1); (b) details of the assumption; and (c) the reasons for making the assumption. (3) A railway service provider may make representations in writing to the Office of Rail Regulation regarding the assumption within a period of 21 days from the date of the notice sent in accordance with paragraph (2). (4) If a period of 21 days has elapsed since the date of the notice sent in accordance with paragraph (2) the Office of Rail Regulation may apply the assumption, with any modification made as a result of taking into account any representation received from the railway service provider in accordance with paragraph (3), for the purpose of— (a) determining any matter in accordance with regulation 3(1); (b) revising any determination in accordance with regulation 3(2); or (c) calculating the amount of railway safety levy payable by each railway service provider in accordance with regulation 3(3).