20.—(1) Subject to paragraph (2), all infrastructure capacity must be available for the use of all types of rail transport service which conform to the characteristics necessary for use of that infrastructure, as defined in the infrastructure manager’s network statement.
(2) Subject to the provisions set out in paragraph (3), the infrastructure manager may designate particular sections of the infrastucture for use by specified types of rail service without prejudice to articles 81, 82 and 86 of the Treaty and, once the infrastructure is so designated, may give priority to that specified type of rail service in the allocation of infrastructure capacity.
(3) Those provisions are that—
(a)suitable alternative routes for other types of rail transport service must exist and be available;
(b)the infrastructure manager must consult the Department and all other interested parties before making such a decision; and
(c)such designation must not prevent the use of that designated infrastructure by other types of rail transport service when capacity is available and an application for that capacity is submitted by an applicant wishing to operate a service using rolling stock which conforms to the technical characteristics necessary for operation on that infrastructure.