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

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Declaration of specialised infrastructureE+W+S

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25.—(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 railway infrastructure, as defined in the infrastructure manager's network statement.

(2) Subject to the provisions set out in paragraph (3), and F1... an infrastructure manager may designate particular railway infrastructure for use by specified types of rail service and, once the railway 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)before making such a designation the infrastructure manager must consult—

(i)the Secretary of State;

(ii)where an element of the railway infrastructure which it is proposed to designate is in Scotland, Scottish Ministers;

(iii)the Office of Rail and Road; and

(iv)all other interested parties; and

(c)such designation must not prevent the use of that designated railway infrastructure by other types of rail transport service when capacity is available.

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