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

PART 1Preliminary

1Citation, commencement and extent

2Amendments and revocations

3Interpretation

PART 2Access to Railway Infrastructure and Services

6Access to services

7Cross-border agreements

PART 3Infrastructure Management and Independence of Undertakings

8Management independence

9Separation of accounts

10Independence of service providers from dominant bodies and firms

11Indicative railway infrastructure strategy

12Business Plans

13Network Statement

PART 4Infrastructure Charges

14Establishing, determining and collecting charges

15Infrastructure costs and accounts

16Performance scheme

17Reservation charges

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

PART 5Allocation of Infrastructure Capacity

19Capacity allocation

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

21Framework agreements

22Application for infrastructure capacity

23Scheduling and coordination

24Ad hoc requests

25Declaration of specialised infrastructure

26Congested infrastructure

27Capacity analysis

28Capacity enhancement plan

29Use of train paths

30Special measures to be taken in the event of disruption

PART 6Regulation and Appeals

31Regulatory body

32Appeals to the regulatory body

33Regulatory decisions concerning international passenger services

34Monitoring the rail services markets

36Provision of information to the regulatory body

37Cooperation between regulatory bodies

38Enforcement of decisions, directions and notices

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

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

PART 8Miscellaneous

40Statutory authority to run trains

41Civil proceedings

42Making of false statements etc.

43Offences by bodies corporate and Scottish partnerships

44Restriction on disclosure of information

45Breaches of duty outside the United Kingdom

47Transitory modifications

SCHEDULE 1Amendments

PART 1Amendments to Primary Legislation

1The Railway Fires Act 1905

2The Insolvency Act 1986

3The Railways Act 1993

4The Greater London Authority Act 1999

5The Railways and Transport Safety Act 2003

6The Civil Contingencies Act 2004

PART 2Amendments to Secondary Legislation

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

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

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

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

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

12The Central Rating List (Wales) Regulations 2005

13The Central Rating List (England) Regulations 2005

14The Railways (Interoperability) Regulations 2011

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

SCHEDULE 2Services to be supplied to railway undertakings

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

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

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

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

SCHEDULE 3Access charging

1Principles of access charging

2Exceptions to the charging principles

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

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

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

7Performance Schemes

SCHEDULE 4Timetable for the Allocation Process

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SCHEDULE 4ABasic Principles and Parameters of Contractual Agreements between Competent Authorities and Infrastructure Managers

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

SCHEDULE 5Accounting information to be supplied to the Office of Rail and Road upon request

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

SCHEDULE 6Transitory modifications

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

2Interpretation

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

6Financial transparency

7Coordination mechanisms

8Independence of the essential functions

9Capacity rights

10Special measures to be taken in the event of disruption

11Appeals to the regulatory body

12Regulatory decisions concerning passenger services

13Monitoring the rail services markets

15Cooperation between regulatory bodies

16Enforcement of decisions, directions and notices

2016 No. 645

Transport

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

Made21st June 2016

Laid before Parliament7th July 2016

Coming into force29th July 2016

The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1.

The Secretary of State is a Minister designated M2 for the purposes of that section in relation to measures relating to railways and railway transport.