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

Co-operation in the allocation of infrastructure capacity crossing more than one network E+W+S

20.—(1) This regulation applies to the allocation of infrastructure capacity in the form of a train path crossing more than one network [F1 , including a train path which crosses between a network in the United Kingdom and a network in the European Union].

(2) Infrastructure managers must—

(a) co-operate to enable the efficient creation and allocation of infrastructure capacity to which this regulation applies, including under a framework agreement; and

(b) before consulting on the draft working timetable in relation to relevant train paths, agree with the other relevant infrastructure managers which international train paths are to be included in that draft working timetable.

[F2 (2A) Infrastructure managers required to cooperate in the allocation of infrastructure capacity crossing more than one network by paragraph (2)(a), must provide, without delay, all the information requested by the Office of Rail and Road which is necessary for the purpose of handing an appeal or an own initiative investigation on issues of access or charging relating to an international train path.]

(3) The international train paths referred to in paragraph (2)(b) may only be adjusted if absolutely necessary.

(4) The infrastructure managers must establish such procedures as are appropriate, in accordance with the requirements set out in these Regulations, to enable the co-operation referred to in paragraph (2)(a) to take place, and such procedures must include coordination with representatives of the infrastructure managers whose allocation decisions have an impact on one or more other infrastructure managers.

(5) Allocation of infrastructure capacity to which this regulation applies must be without prejudice to the specific rules contained in [F3 Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight].

(6) The procedures established by virtue of paragraph (4) may permit appropriate representatives of infrastructure managers outside the [F4 United Kingdom] to be associated with these procedures.

F5 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The infrastructure managers must provide the Office of Rail and Road with sufficient information about the development of common principles and practices for the allocation of railway infrastructure and from any IT-based allocation systems, to allow it to perform its regulatory functions [F6 under paragraph 12 and Part 6].

(9) At any meeting or other activity undertaken to facilitate the allocation of infrastructure capacity across more than one network, decisions may only be taken by representatives of the relevant infrastructure managers.

(10) In acting in accordance with paragraph (2) the infrastructure managers must assess the need for and, where necessary, propose and organise international train paths in such a way as to enable ad hoc capacity for freight services to be granted in accordance with regulation 24.

(11) The prearranged train paths referred to in paragraph (2)(b) must be made available to applicants through any infrastructure manager who participates in the international coordination of train paths referred to in this regulation.

[F7 (12) The Office of Rail and Road must review decisions and practices of infrastructure managers required to co-operate over train services which cross more than one network under this regulation, that implement provisions in these Regulations or which otherwise facilitate international rail transport.]

Textual Amendments

F1 Words in reg. 20(1) substituted (31.12.2020) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 12(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 20(2A) inserted (31.12.2020) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 12(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 20(5) substituted (31.12.2020) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 12(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 20(6) substituted (31.12.2020) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 12(d); 2020 c. 1, Sch. 5 para. 1(1)

F5 Reg. 20(7) omitted (31.12.2020) by virtue of The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 12(e); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 20(8) substituted (31.12.2020) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 12(f); 2020 c. 1, Sch. 5 para. 1(1)

F7 Reg. 20(12) inserted (31.12.2020) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 12(g); 2020 c. 1, Sch. 5 para. 1(1)