The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016

  1. Introductory Text

  2. PART 1 Preliminary

    1. 1.Citation, commencement and extent

    2. 2.Amendments and revocations

    3. 3.Interpretation

    4. 4.Scope

  3. PART 2 Access to Railway Infrastructure and Services

    1. 5.Access rights

    2. 6.Access to services

    3. 7.Cross-border agreements

  4. PART 3 Infrastructure Management and Independence of Undertakings

    1. 8.Management independence

    2. 9.Separation of accounts

    3. 10.Independence of service providers from dominant bodies and firms

    4. 11.Indicative railway infrastructure strategy

    5. 12.Business Plans

    6. 13.Network Statement

  5. PART 4 Infrastructure Charges

    1. 14.Establishing, determining and collecting charges

    2. 15.Infrastructure costs and accounts

    3. 16.Performance scheme

    4. 17.Reservation charges

    5. 18.Cooperation in relation to charging systems on more than one network

  6. PART 5 Allocation of Infrastructure Capacity

    1. 19.Capacity allocation

    2. 20.Co-operation in the allocation of infrastructure capacity crossing more than one network

    3. 21.Framework agreements

    4. 22.Application for infrastructure capacity

    5. 23.Scheduling and coordination

    6. 24.Ad hoc requests

    7. 25.Declaration of specialised infrastructure

    8. 26.Congested infrastructure

    9. 27.Capacity analysis

    10. 28.Capacity enhancement plan

    11. 29.Use of train paths

    12. 30.Special measures to be taken in the event of disruption

  7. PART 6 Regulation and Appeals

    1. 31.Regulatory body

    2. 32.Appeals to the regulatory body

    3. 33.Regulatory decisions concerning international passenger services

    4. 34.Monitoring the rail services markets

    5. 35.Audits

    6. 36.Provision of information to the regulatory body

    7. 37.Cooperation between regulatory bodies

    8. 38.Enforcement of decisions, directions and notices

  8. PART 7 The Railway (Licensing of Railway Undertakings) Regulations 2005

    1. 39.Amendment of the Railway (Licensing of Railway Undertakings) Regulations 2005

  9. PART 8 Miscellaneous

    1. 40.Statutory authority to run trains

    2. 41.Civil proceedings

    3. 42.Making of false statements etc.

    4. 43.Offences by bodies corporate and Scottish partnerships

    5. 44.Restriction on disclosure of information

    6. 45.Breaches of duty outside the United Kingdom

    7. 46.Review

    8. 47.Transitory modifications

  10. Signature

    1. SCHEDULE 1

      Amendments

      1. PART 1 Amendments to Primary Legislation

        1. 1.The Railway Fires Act 1905

        2. 2.The Insolvency Act 1986

        3. 3.The Railways Act 1993

        4. 4.The Greater London Authority Act 1999

        5. 5.The Railways and Transport Safety Act 2003

        6. 6.The Civil Contingencies Act 2004

      2. PART 2 Amendments to Secondary Legislation

        1. 7.The Town and Country Planning (Control of Advertisements) Regulations 1992

        2. 8.The London Underground (East London Line Extension) (No. 2) Order 2001

        3. 9.The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002

        4. 10.The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004

        5. 11.The British Transport Police (Police Services Agreement) Order 2004

        6. 12.The Central Rating List (Wales) Regulations 2005

        7. 13.The Central Rating List (England) Regulations 2005

        8. 14.The Railways (Interoperability) Regulations 2011

        9. 15.The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015

    2. SCHEDULE 2

      Services to be supplied to railway undertakings

      1. 1.The minimum access package referred to in regulation 6(1) must...

      2. 2.Access, including track access to services facilities and the supply...

      3. 3.The additional services referred to in regulation 6(11) may comprise—...

      4. 4.The ancillary services referred to in regulation 6(12) may comprise—...

    3. SCHEDULE 3

      Access charging

      1. 1.Principles of access charging

      2. 2.Exceptions to the charging principles

      3. 3.(1) Subject to sub-paragraph (2), for specific investment projects completed—...

      4. 4.(1) An infrastructure manager's average and marginal charges for equivalent...

      5. 5.If an infrastructure manager intends to modify the essential elements...

      6. 6.Discounts

      7. 7.Performance Schemes

    4. SCHEDULE 4

      Timetable for the Allocation Process

      1. 1.The working timetable must be established once per calendar year....

      2. 2.The change of working timetable must take place at midnight...

      3. 3.The deadline for receipt of requests for capacity to be...

      4. 4.No later than 11 months before the change of the...

      5. 5.The infrastructure manager must prepare and publish a draft working...

      6. 6.The infrastructure manager must decide on the requests it receives...

      7. 7.The infrastructure manager may reschedule an allocated train path if...

      8. 8.In the case of trains crossing from one network to...

      9. 9.As regards temporary restrictions of the capacity of railway lines,...

      10. 10.The infrastructure managers concerned must also create a mechanism whereby...

      11. 11.When publishing capacity restrictions in accordance with paragraph 9 for...

      12. 12.If the impact of any proposed capacity restrictions is not...

      13. 13.As regards capacity restrictions of a duration of seven consecutive...

      14. 14.Infrastructure managers may decide to apply more stringent thresholds for...

      15. 15.The infrastructure manager may decide not to apply the periods...

      16. 16.The information to be provided by the infrastructure manager when...

      17. 17.As regards the capacity restrictions of a duration of at...

      18. 18.As regards the capacity restrictions of a duration of more...

    5. SCHEDULE 4A

      Basic Principles and Parameters of Contractual Agreements between Competent Authorities and Infrastructure Managers

      1. 1.The contractual agreement referred to in regulation 15(6) must specify...

    6. SCHEDULE 5

      Accounting information to be supplied to the Office of Rail and Road upon request

      1. 1.The accounting information referred to in regulation 35(2) is as...

    7. SCHEDULE 6

      Transitory modifications

      1. 1.Until the end of 31 December 2020, these Regulations apply...

      2. 2.Interpretation

      3. 3.Scope

      4. 4.Access rights

      5. 5.Infrastructure management: independence; outsourcing and sharing functions and impartiality in respect of traffic management and maintenance planning

      6. 6.Financial transparency

      7. 7.Coordination mechanisms

      8. 8.Independence of the essential functions

      9. 9.Capacity rights

      10. 10.Special measures to be taken in the event of disruption

      11. 11.Appeals to the regulatory body

      12. 12.Regulatory decisions concerning passenger services

      13. 13.Monitoring the rail services markets

      14. 14.Audits

      15. 15.Cooperation between regulatory bodies

      16. 16.Enforcement of decisions, directions and notices

  12. Explanatory Note