The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
| Year | 2016 |
2016 No. 645
Transport
The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
Made 21th June 2016
Laid before Parliament 7th July 2016
Coming into force 29th 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 19721.
The Secretary of State is a Minister designated2for the purposes of that section in relation to measures relating to railways and railway transport.
PART 1
Preliminary
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 and come into force on 29th July 2016.
(2) With the exception of paragraph 5 of Schedule 1, these Regulations do not extend to Northern Ireland.
Amendments and revocations
2.—(1) The following instruments are revoked—
(a)
(a) the Railways Infrastructure (Access and Management) Regulations 20053;
(b)
(b) the Railways Infrastructure (Access and Management) (Amendment) Regulations 20094; and
(c)
(c) the Railways Infrastructure (Access and Management) (Amendment) Regulations 20155.
(2) Schedule 1 (amendments) has effect.
Interpretation
3. In these Regulations—
“the Act” means the Railways Act 19936;
“the 1996 Act” means the Channel Tunnel Rail Link Act 19967;
“access rights” means rights of access to railway infrastructure for the purpose of operating a service for the transport of goods or passengers;
“access charges review” means a review of access charges carried out in accordance with Schedule 4A to the Act8;
“ad hoc request” means a request for individual train paths made other than in accordance with the timetable for the capacity allocation process as set out in Schedule 4;
“allocation” means the allocation of railway infrastructure capacity by an infrastructure manager;
“allocation body” means a body or undertaking, other than the infrastructure manager, which is responsible, by virtue of regulation 19(4), for the functions and obligations of the infrastructure manager under Part 5 and Schedule 4;
“alternative route” means another route between the same origin and destination where there is substitutability between the two routes for the operation of the freight or passenger service concerned by the railway undertaking;
“applicant” means a railway undertaking or an international grouping of railway undertakings or other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity;
“capacity enhancement plan” means a measure or series of measures with a calendar for their implementation which aim to alleviate the capacity constraints which led to the declaration of an element of railway infrastructure as “congested infrastructure”;
“the Channel Tunnel charging framework” means the charging framework set out in the Annex to the IGC regulation;
“charging body” means a body or undertaking, other than the infrastructure manager, which is responsible, by virtue of regulation 14(9), for the functions and obligations of the infrastructure manager under Part 4 and Schedule 3;
“charging scheme” means the specific charging rules established in accordance with regulation 14 by the Office of Rail and Road or the infrastructure manager;
“charging system” means the system established by an infrastructure manager to determine access charges under regulation 14(2), (4) or (5);
“competent authority” has the same meaning as in Article 2 of Regulation (EC) No 1370/2007;
“congested infrastructure” means an element of railway infrastructure for which demand for infrastructure capacity cannot be fully satisfied during certain periods, even after coordination of the different requests for capacity;
“coordination” means the process through which the infrastructure manager and applicants will attempt to resolve situations in which there are conflicting applications for infrastructure capacity;
“cross-border agreement” means any agreement between two or more Member States or between Member States and third countries intended to facilitate the provision of cross-border rail services;
“development agreement” has the same meaning as in the 1996 Act;
“the Directive” means Directive 2012/34/EUof the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast)9;
“dominant body or firm” means a body or firm which is active and holds a dominant position in the national railway transport services market in which the relevant service facility is used;
“electrical plant” has the same meaning as in the Electricity Act 198910;
“factory” has the same meaning as in the Factories Act 196111;
“framework agreement” means either—
(a) an access contract described in section 18(2)(a) of the Act12which satisfies one of the conditions in sub-section (1) of that section; or
(b) a legally binding agreement made other than in pursuance of section 17 or 18 of the Act13setting out the rights and obligations of an applicant and the infrastructure manager or, as the case may be, allocation body in relation to the infrastructure capacity to be allocated and the charges to be levied over a period in excess of one working timetable period;
“the IGC regulation” means the regulation of the Intergovernmental Commission of 23rd March 2015 transferring economic rail regulation competence from the Intergovernmental Commission to the national regulatory bodies, setting out principles for the cooperation between them and establishing a charging framework for the Channel Fixed Link14;
“infrastructure capacity” means the potential to schedule train paths requested for an element of railway infrastructure for a certain period;
“infrastructure manager” means any body or undertaking that is responsible in particular for—
(a) the establishment, management and maintenance of railway infrastructure, including traffic management and control-command and signalling; and
(b) the provision with respect to that infrastructure of network services as defined in section 82 of the Act,
but, notwithstanding that some or all of the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or undertakings, the obligations in respect of those functions remain with the infrastructure manager except where the functions and obligations pass to an allocation or charging body by virtue of regulations 19(4) and 14(9) respectively;
“international passenger service” means a passenger service where the train crosses at least one border of a Member State and where the principal purpose of the service is to carry passengers between stations located in different Member States; the train may be joined and/ or split, and the different sections may have different origins and destinations, provided that all carriages cross at least one border;
“military establishment” means an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence;
“mine” has the same meaning as in the Mines and Quarries Act 195415;
“network” means, except in those cases where the context otherwise requires, the entire railway infrastructure managed by an infrastructure manager;
“network statement” means the statement required to be prepared and published under regulation 13;
“nuclear site” has the same meaning as in the Energy Act 201316;
“public passenger transport”, “public service contract” and “public service operator” have the same meaning as in Article 2 of Regulation (EC) No 1370/2007;
“quarry” has the same meaning as in the Quarries Regulations 199917;
“the Office of Rail and Road” means the body established under section 15 of the Railways and Transport Safety Act 200318;
“rail link facility” has the same meaning as in section 17(5) of the 1996 Act, except that rail link facility also includes any rail maintenance depot which provides maintenance services primarily for rail vehicles providing services on the rail link (as defined in section 56 of the 1996 Act) to which the rail access is via that rail link;
“railway infrastructure” consists of the items described as “network”, “station” and “track”, in section 83 of the Act19, but excludes such items—
(a) which consist of, or are situated on, branch lines and sidings whose main operation is not directly connected to the provision of train paths;
(b) within a maintenance or goods depot, or a marshalling yard;
(c) within a railway terminal, port, factory, mine, quarry, nuclear site or site housing electrical plant;
(d) which consist of, or are situated on, networks reserved mainly for local, historical or touristic use; and
(e) within a military establishment;
“railway undertaking” means any public or private undertaking licensed according to the Directive, the principal business of which is to provide services for the transport of goods and/or passengers by rail with a requirement that the undertaking ensure traction; this also includes undertakings which provide traction only;
“reasonable profit” means a rate of return on own capital that takes account of the risk, including that to revenue, or the absence of such risk, incurred by the operator of the service facility and is in line with the average rate for the sector concerned in recent years;
“regional” means, in relation to a transport service, such a service whose principal purpose is to meet the transport needs of a region, including a cross-border region;
“Regulation (EC) No 1370/2007” means Regulation (EC) No 1370/2007of the European Parliament and of the Council of 23rd October 2007 on public passenger transport services by rail...
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