Annex C (6)- HAL Network Code March 2016 Part 2
| Section | Transport for London appeal under regulation 29 and complaint under regulation 30 of the Railways Infrastructure (Access and Management) Regulations |
Part D: Timetable
3.5.4 A Timetable
Pa
rticipant may not appeal against a decision by HAL whe
re
it
has
been taken to facilitate
an agreed Netw
ori<
Rail Restriction of Use.
3.6 Timetable Variations
by
co
nsent
3.6
.1
Notwi
ths
tanding anything stated in this Condition 0 3, where HAL and all a
ff
ected
Ti
metable
Participants
have
so consented in writing, a Timetable Va
ri
ation may be made without
the
need
for
compliance
with
such
of
the requirements
of
this Condition 03 as are specified in the consent. Such a
variation is referred to as a "Timetable Variation by Consent•.
3. 7 Publication
of
Timetable V
aliatlons
3.
7.
1 Where, pursua
nt
to
the
processes described in this Condition
03
, any Timetable Variation
or
Timetable
Va
ri
a
ti
on by
Con
sent has
been
finalised, it shall be recorded by HAL in one or more schedules (
each
referred to as a "Short
Te
rm
Pl
an
"). Each Short Term Plan shall
be
made available to affected
Timetable Participants (by
the
same means as are described in Condition D2.6.2(a
))
as soon
as
reasonably practicable after the relevant variation has been approved by HAL, and the affected part(s)
of the New
Wori
ng Timetable or
Wori
Timetable shall be annotated to refer to the relevant Short
Term Pl
an
(s
).
3.8 Opera
ti
on
of
Part H
3.8
.1
In addition to a
ny
variation to the New Working Timetable or Working Timetable arising purs
ua
nt to the
procedures set out in this Condition
03
, variations may also arise from time to time by reason of
th
e
operation of the Railway Operational
Code
, and this Condition
03
is subject
to
the operation of
th
at
Code.
3.9 Summary
3.9.1 A timeline, showing a summary of
the
process for variations to
th
e Worki
ng
Timeta
bl
e, is attached at
Annex 2
of
Condition D
of
the
Networi<
Rail Network Code. This timeline (as
mod
ified in accor
da
nce
with the
Networi<
Ra~
Network
Code
) will apply to all variations to
the
Worki
ng
Ti
meta
bl
e under this
Code. Where there is any conflict
be
tween the timeline and the wordi
ng
of
Co
nditions 01-7, the
wording of
Co
nditions 01-7 shall prevail.
CONDITION
D4-
DECISIONS BY HAL
4.1 Decisions concerni
ng
the Rules
4.
1.
1 In
co
nducting
the
processes set out in Condition
02
.2 by wh ich the
Ru
les are
re
vi
sed
on a bi
-a
nnual
basis (including
the
amendment process described in
Con
dition 02.2.7
),
HAL shall make a
ll
decisions
by application of the Decision Criteria
in
the
manner set out
in
Co
nd
ition 04.6.
4.2 Decisions arising In the
pre
parat
ion
of
a New Working Time
tab
le
4.2
.1
In
co
mpiling a New Worki
ng
Timetable
in
accordance with Condition 02.6, HAL shall apply
th
e
Decisi
on
Crite
ri
a in accorda
nc
e with Condition
04
.6 and conduct itself as set out in this Condition
04
.2.
4.2.2 H
AL
sha
ll endeavour wherever possible to comply
wi
th
all Access Proposals
sub
mitt
ed
to it in
accordance with Conditions
02
.4
and 0
2.
5 and accommodate all Rolled
Ove
r Access P roposals,
subject
to
the followi
ng
principles:
(a) a New Worki
ng
Timetable shall
co
nform w
ith
the Rules applicable to the corresponding
Timetable Period;
(b) each New Worki
ng
Timetable shall be consistent with the Exercised Fi
rm
Rights of each
Timetable Parti
ci
pant;
(c) in compiling a New Worki
ng
Timetable, HAL is entitled to exercise its Fl
ex
i
ng
Right;
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(d) where the principles in paragraphs (a), (b) and (c) above have
been
applied but HAL is
unable to include all requested Train Slots in the New Working Timetable, the Train Slots
shall
be
allocated
in
the following order of priority:
(i
) first to:
(A) the Firm Rights
of
any Timetable Participant that will subsist during the
whole of the Timetable Period and which have been Exercised: and
(8 ) any rights HAL has for Network Services included in
the
Rules;
(ii) second to Firm Rights
of
any Timetable Participant, that were in force at the
Priority Date but will expire prior to
or
during the Timetable Period and which have
been Exercised, provided that HAL considers (acting reasonably) that new Firm
Rights, substantially the same as the expiring rights ,
wi
ll
be
in force during the
Timetable Period;
(i
ii
) third to Contingent Rights
or
any expectation
of
rights of
an
y Timetable Participant
which have been Exercised, provided HAL considers (acting reasonably) they w ill
be
Firm or Contingent Rights in force during
the
Timetable Period;
(iv) fourth to
an
y rights
or
expectation
of
any rights of any Timetable Participant
notified
in
an Access Proposal submitted after the Priority Date but before D-26 in
accordance with D2.4 and
D2
.5. Where more than one set
of
rights
or
expectation
of
rights are so notified, capacity
is
to be allocated
in
the
order in which Access
Proposals containing details
of
the rights (
or
expectations thereof) are submitted to
HAL
4.3 Decisions concerning Train Operator Variations
4.3.1
In
responding to a Train Operator Variation Request, HAL shall conduct itself as follows:
(a) it is ent
itl
ed to exercise its Flexing Right:
(b) when exercising its
po
w
er
set out
in
Condition D3.3.3 HAL
sh
a.ll
apply the Decision Criteria in
accordance with Condition
D4
.6 except that it shall not accept a Train Operator Variation
Request
if
to
do so would give rise to
an
y conflict with any Train Slot already scheduled in:
(i) the New Working Timetable after it is published at D-26
or
the
relevant Working
T
im
e
ta
ble; or
(i
i) the
Ru
les;
(c) where
the
Decision Criteria have been applied as set out i n sub-paragraph (b)
im
mediately
above but two or more such requests would give rise to conflict were they to
be
accepted,
they shall be
pr
i
or
itised in the order in whi
ch
they were s ubmitted and any conflict resolved
accordingly.
4.3.2 Where a Tra
in
Operator Variation Request:
(a) pertai
ns
to a Train Slot to be u
sed
for the carriage of passengers
in
connection with any
sporting or other public event; and
(b) w ould, if accepted, conflict with
an
y Train Slot already scheduled in the New Working
T
im
etable or Working Timetable; and
(c) would
in
the absence
of
such conflict
be
accepted (or accepted on varied terms) by HAL ,
HAL shall consult
wi
th the Timetable Participant entitled to the Train Slot and shall seek its consent to
effect a variation
of
the scheduled Train Slot to the extent necessary to accommodate the relevant
request (or that request as may
be
varied). Any Timetable Participant so consulted shall not
unreasonably withhold
or
delay its consent to the proposed variation where the relevant request
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proposes the use of a Tra
in
Slot for the carriage
of
passengers in materially greater numbers than are
usually carried on the relevant part of the HAL infrastructure
on
the days and times in question.
4.3.3 Where any Timetable Participant consulted
by
HAL
in
accordance with Condition D4.3.2:
(a) consents to the proposed variation
of
its Train Slot;
or
(b) unreason
ab
ly withholds or delays its consent in breach
of
Condition
04
.3.2;
HAL shall
be
entitled to make a va
ri
ation in respect of that Train S l
ot
(including the removal of that
Train S lot) to the extent necessary to
faditat
e the relevant request.
Wh
ere, consequent upon such
variation, HAL is required by the terms
of
an Access Agreement to pay
any
compensation to the
affected Timetable Participant, the Timetable Participant which made the relevant Train Operator
Variation Request
sh
all reimburse
the
amount
of
that payme
nt
to HAL.
4.3.4 Notwithstanding anything stated elsewhere in this Part D, HAL shall be entitled
to
re
ject
an
y Train
Operator Variation Request
if
it:
(a) pertains to a Timetable Variation which has in substance been made previously pursuant to
Condition D3 and has been rejected; or
(b) is substantially the same as any part
of
an A
cc
ess Proposal made and reject
ed
du
ring the
course of the bi-annual timetable revision process described in Condition D2;
unless there has been a material change
in
circumstances which would affect HAL's application of the
Decision Criteria in Condition
04
.6 when deciding whether
or
n
ot
to accept the Train Operator V
ar
iati
on
Request.
4.4 Decisions concerning
HAL
Variations
4.4.1 In making any decision in
the
course
of
implementing t
he
procedures set o
ut
in Conditions D3.4 or
D3.5, HAL:
(a) is entitl
ed
to
exercise its Flexing Ri
gh
t when respondi
ng
to
an
Access Proposal submitted
under Condition D3.4.10;
(b) may
not
affect
an
y HAL Variation to the extent that the variation is inconsistent with the
Ru
les;
(c) shall, subject to the over-riding
pr
inciples set out in sub-paragraphs (a) and (b) above, apply
the Decision Criteria in accordance
wi
th Condition D4.6.
4.5 Decisions concerning Possessions Strategy Notices
4.5
.1
In making any decision concerning the content of a Possessi ons Strategy Notice, HAL shall apply the
Decision
Cr
iteria
in
accordance with Condition D4.6.
4.6 The Decision Criteria
4.6.1 Where HAL is required to deci
de
any matter in this Part D its objective shall be to share capacity on the
HAL infrastructure for the safe carriage
of
passengers in a non-discriminatory, efficient and economical
manner in the overall interest of current and prospective users and providers
of
rai
lway services ("the
Ob
jec
t
iv
e
~
)
.
4.6.2 In achieving the Objective, HAL shall apply
an
y or all of the considerations in paragraphs (a)-(h) below
("the Considerations") in accordance with Condition D4.6.3 below:
(a) maintaining,
de
veloping and improving the capability
of
the HAL infrastructure;
(b) that the spread
of
services reflects demand;
(c) maintaining and improving train service performance;
(d) that journey times are
as
short as reasonably
po
ssible;
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(e) maintaining and impro
vi
ng an integrated system of transport
for
passengers;
(f) the convnercial interests
of
HAL (apart from the terms
of
any maintenance
co
ntract entered
into or proposed by HAL) or
an
y Timetable Partici
pan
t
of
whi
ch
HAL is aware;
(g) mitigating the effect on the en
vi
ronment; and
(h) enabling operators
of
trai
ns
to utilise
th
eir assets efficiently.
4.6.3 When applying the Considerations, HAL must consider which
of
them is
or
are relevant to the particular
circumstances and apply those
it
has identified as relevant so as to reach a decision which is fair and is
not unduly discriminatory as between any individual affected Timetable Participants
or
as between any
individual affected Timetable Participants and HAL. Where,
in
light
of
the particular circumstances, HAL
considers that application
of
two
or
more
of
the relevant Considerations wi
ll
lead to a conflicting result
then
it
must decide which
of
them is or are the most important
in
the circumstances and when applying
it
or
them,
do
so with appropriate weight.
4.6.4 The O
bj
ective and the Considerations together form the Decision Criteria .
4. 7 F
in
ality
of
decis
ions
4.
7.1
Save where expressly otherwise stated in this Part D, where HAL has announced a final decision in
respect
of
an
y process regulated by this Part D, that decision
sha
ll be:
(a) binding on Timetable
Pa
rticipants
sa
ve to
th
e extent that
it
is
ch
anged by
an
appeal
authorised by this Part D;
(b) binding
on
HAL save to the extent that:
(i
) HAL is expressly permitted by any provision
of
this Part D to deviate from or
amend that decision;
or
(i
i) a decision is changed by an appeal authorised by this Part D.
CONDITION
05
-APPEALS
5.1 Appeal In accordance with
th
e AORR
5.1
.1
Where an appeal is expressly authorised by this Part D, a Timetable Participant may refer a decision
for determ
in
ati
on
by a Timetabling Panel in accordance with the ADRR.
5.1.2 Where a deadline for bringing
an
appeal is expressly stated in this Part D, an appeal in respect
of
such
a decision must be made by the stated deadlin
e.
Otherwise,
an
appeal brought pursuant to this Part D
must
be
made:
(a) w ithin five Working
Da
ys
of
receipt
of
the decisi
on
to whi
ch
objection is made;
or
(b) where the period referred to in (a) includes Christmas Day, within t
en
Working Days of that
decisi
on.
5.1
.3 Where
an
appeal is made against a New Working Timetable as
en
visaged by Condition
D2
.7.
2 the
appeal shall
be
determined by the Timetabling Panel within ten Worki
ng
Da
ys of final su
bm
ission to it
of
all relevant information.
5.2 Appeal
to
ORR
5.
2.1
Where either HAL
or
a Timetable Participant is d
is
satisfi
ed
with
th
e decis ion
of
a T imetabling Panel
under Condition
D5
.1
,
it
may refer the matter
to
the ORR for determination under
Pa
rt M, pro
vi
ded
th
at
an
y such referral must be made:
(a) w ithin five W
or
ki
ng
Da
ys of receipt of the Timetabli
ng
Panel's written reasoned determination
to whi
ch
objection is made;
or
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(b) where the
pe
riod referred to in (a) above includes Christmas Day, within ten Working Days of
receipt of such receipt.
5.3 Powers
of
dispute resolution bodies
5.3.1 In determining any appeal pursuant to this Part D, any Timetab
li
ng Panel
or
the ORR (as the case may
be) may exercise one
or
more
of
the following powers:
(a)
it
may give general directions to HAL specifying the result to be achieved but not the means
by which it shall be achieved;
(b)
it
may direct that a challenged decision of HAL shall stand;
(c)
it
may subs
ti
tute
an
alternative decision in place of a challenged decision
of
HAL;
provided that the pow
er
desc
ri
bed in (c) above shall only be exercised in exceptional
ci
rcumstances.
5.3.2 Where general directions have been g
iv
en in accordance with Condition D5.3.1 ,
the
releva
nt
appeal
body may,
on
the application
of
HAL brought in accordance with Condition
D5
.3.3, make such further
orders as
it
sha
ll consider appropriate in ord
er
to provide the parties with guidance as to the
interpretation and application of such general directions.
5.3.3 Any application made
by
HAL pursuant to Condition
D5
.3.2 must
be
made within:
(a) five Working Days
of
the relevant decisi
on
; or
(b) where
the
said period
of
five Working Days would include Christmas Day, ten Working Day
s.
5.4 Status
of
Decisions
5.4.1 Save where expressly stated otherwise in this Part 0 , where
an
appeal to a Timetabling Panel
pertaining to this Part D
is
pending, the relevant decision
of
HAL shall remain binding until such time as
the Timetabling Panel determines otherwise.
5.4.2 Save where expressly stat
ed
otherwise in this Part
D,
where an appeal to
the
ORR pertaining to Part D
is pending, th e relevant decisi
on
of the Timetabling Panel shall remain binding until such time as the
O
RR
determines or orders otherwise.
5.5 Binding effect
of
appeal rulings
5.5
.1
Wh
ere an appeal
is
broug
ht
pursuant to this Part D, the parties to the appeal shall be bound by:
(a) the ruling
of
the Timetab
li
ng Panel, unless or until ordered
or
determined otherwise by the
ORR;
(b) the
ru
ling
of
the ORR.
5.6 Implementing an appeal ruling
5.6
.1
HAL sha
ll
be bound and empowered
to
take such steps as may be necessary to implement all rulings
made by a Timetabling Panel or the ORR pursuant
to
this Conditi
on
D5. All such steps shall
be
taken
promptly.
5.7 Liability
of
HAL
5.7.1
Where a decisi
on
of
HAL is overturned on appea
l,
HAL shall only
be
liable to any T imetable Participant
in damages
in
respect of that decision where it was made in bad faith or was unreasonable.
CONDITION
06
-POSSESSION STRATEGY NOTICES
6.1 Possessions Strategy Proposal
6.1
.1
Where HAL proposes implementing any Works which require a programme
of
HAL
Re
stri
ct
ions
of
Use
extending over:
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(a) a period of more
th
an one calendar year;
or
(b) a period which contains
two
or more Timetable Change Dates;
it
may at its discretion elect
to
implement the procedure set out in this Condition
06
. Where it so elects,
the
procedure must be implemented
by
HAL issuing a Possession Strategy Proposal not later
th
an
0-
90 and shall
be
concluded by HAL issuing a Possession Strategy Notice not later than 0-64.
References in this Condition
06
to ·
o-
x· refer
to
x number of weeks before the Timetable Change Date
on which the Working Timetable containing the first proposed HAL Restriction
of
Use wi
ll
come into
effect. The parties entitled to participate in that procedure shall
be
all Timetable Participants who m ay
be
affected by
the
proposed Restrictions
of
Use (who shall
be
referred
to
as "Possessions Strategy
Participants").
6.1
.2 Where HAL elects to implement the proced
ur
e set out in this Condition
06
, it shall do s o by se
rv
ing
written notice on all Possessions Strategy Participants, a "Possessions Strategy Proposal", not l ater
than
0-90
, which shall:
(a) provide sufficient particulars of:
(i) the proposed Works; and
(ii) the
pr
oposed strategy for HAL Restrictions
of
Use pertaining to
th
e Wo
rk
s;
as will enable each recipient to understand the likely effect of
the
proposed Works on its
Services; and
(b) provide an explanation
of
HAL's reasons for t
he
proposed HAL Restrictions of U se strategy.
6.2 Consultation
6.2.1 Following service of a Possessions Strategy Proposa
l,
HAL shall consult wi
th
all parties on whom it has
been
served. Each recipient shall
be
afforded a reasonable
per
iod (to
be
specified by HAL, having
regard to the likely effect of
the
Possessions Strategy Proposal on each r
ec
ipient's Services) in which
to make submissions and counter-proposals to HAL
in
respect
of
the proposed strategy for Restrictions
of
Use pertaining to
the
Works.
6.3 Finalisation
of
Possessions Strategy - Possessions Strategy Notice
6.3.1 Following
the
consultation process described in Condition
06.2
, HAL shall make its final decision
concerning the strategy for HAL Restrictions
of
Use that will
be
adopted
in
order to effect the Works ,
and will notify its decision to all Possessions Strategy Participants not later than
0-64
, by means
of
a
formal notice detailing the strategy (to be referred to as a "Possessions Strategy Notice").
6.3.2 Where, in finalisi
ng
a Possessions Strategy Not
ic
e, HAL has rejected counter-p
ro
posals put to it by a
Possessions Strategy Participant, it shall give to that party written reasons for that rejection when it
serves its Possession Strategy Noti ce.
6.4 Appeal
6.4.1 Where any Possessions S
tr
at
eg
y Participant is dissatisfied with any aspect of any Possessions
Strategy Notice, it may appeal in accordance with Condition
05
.
An
y such appeal mu
st
be
made within
twenty Working Days
of
the Possessions Strat
eg
y Notice being served on it.
6.5
Relationship with the Rules
6.
5.1
The fact that the process under this Condition
06
has been followed and a Possession Strategy Notice
issued does not in
an
y wa y affect the applicability
of
the process set out in Condition
02
.2 whi
ch
, in
those circumstances, still must
be
followed.
Ho
wever, where any part
of
th
e Rul
es
conform with a
Possession Strategy Notice then a decision
of
HAL regarding that part
of
the Rules cannot be
appeal
ed
in the circumstances set
out
in Condition 02.2.9.
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6.5
.2 In the ev ent
of
any inconsistency between any Possessions Strategy Notice and
the
Rules, once they
have been finalised
in
accordance
with
the
process
set
out
in
Condition
D2
.2, the Rul
es
sha
ll
preva
~.
6.6
Relationship with Part G
6.6.1 Thi s Condition
06
is without prejudice
to
Part G.
6.7
Amendment
of
Possessions Strategy Notice
6.7.1
HAL
shall incl
ude
wi
thin
the
HAL Timetable Planning Rules a procedure to enable amendment
or
withdrawal
of
a Possessions Strategy Notice. That procedure shall provide
that
(a)
no
such change shall
be
made
unless
HAL
has
consulted,
to
the
extent reasonably
practicable, with any Possessions Strategy Participant likely
to
be
affected
by
that change;
(b) that all decisions
of
HAL
made pursuant
to
that procedure sha
ll
be
made
by
application of
the
Dec
ision Criteria in accordance with Condition
04.6
.
6.7.2 All amendments to a Possessions Strategy Notice
made
pursuant
to
the procedure referred
to
in
Condition D6.7.1 shall
be
subject
to
the
appeal procedures in Condition
05
.
CONDITION D7 -CALENDAR OF EVENTS AND EVENT STEERING
GROUP
7.1 Calendar
of
Events
7.1.1 Prior to D-64,
HAL
shall provide Networic Rail wi
th
relevant
deta
ils
of
any events ("HAL Events") that
HAL
wi
sh
to
be
included in Network
Rai
's Draft Calendar
of
Events.
These
will
be
incorporated into the
Draft Calendar
of
Events and published
by
Networi< Rail
to
all Timetable Participants
7 .1.2 Timetable Participants and funders
may
make representations
to
HAL
in respect of any changes they
propose
to
the
HAL
Events within
the
Draft Calend
ar
of
Events
no
later than D-59.
7.1.3
Follo
wi
ng D-59
and
by
D-54,
HAL
sha
ll
consider
the
representations made to
it
by
Timetable
Participants and funders pursuant to Condition
D7
.1
2 and
may
require that Network Rail amend
the
Draft Calendar
of
Events.
7.2 Event Steering Group
7.2
.1
HAL
shall ensure that each HAL Event is included on the agenda
of
an appropriate Event Steering
Group.
7.2.2 The objectives
of
an Event Steeri
ng
Group in respect
of
HAL
Events shall be to:
(a) agree a project plan to achieve a smooth transition
for
the necessary timetable changes,
arising from the HAL Event, through Condition
D2
by
w
ay
of
timely industry input into the
process ("the Project");
{b) oversee
and
facilitate
de
liv
ery
of
the Project;
{c) carry
out
appropriate consultation with Passenger Foct1s
and
London TraveiWatch,
du
ri
ng
the course
of
the Project.
CONDITION
DB
-MISCELLANEOUS
8.1 Directions Issued by the ORR
8.1.1 Notwithstanding anything else stated in this Part D,
HAL
shall
be
bound and entitled
to
make
or
give
effect to such amendments
or
changes to a Working Timetable
as
may
be
directed from time to time by
the ORR in the exercise
of
its statutory powers, except in relation
to
any
amendment
or
change which
would
be
impossible
to
make without infringing the Firm Rights
of
another.
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Part
D:
Timetable
8.2 Confidentiality
8.
2.
1 HAL shall not
be
required to keep confidential the identi
ty
of
,
or
any information provided to it by, any
Timetable Participant.
8.3 Removal
of
Train Slots
fr
om Working Timetable where no Access Righ
ts
exist
8.3.1
An
y movements
of
trains operated by any person must be made
pu
rsuant to permission to use the
track for
the
pu
rpose of or in connection
wi
th the operation
of
those trains under
an
Access Agreement
(•Access Rights").
If
, by 22:00 hours on the day before a Timetable Change Date and after consultation
with the person proposing to move the trains, HAL reasonably considers that the person proposing to
move the trains
wi
ll not have the necessary Access Rights by the intended date
of
operation
of
the
Tra
in
Slots, then it may remove the Train Slot(s} for the movem
en
t of those trains from the Working
Timetable due to commence the following day.
8.4 Consultation
8
.4
.1 Where in this Part D,
an
y
pa
rty is under an obligation to consult with another, the party obliged to
initiate the consult
at
i
on
shall pro
vi
de
th
e consultee with:
(a) sufficient information
fo
r the consultee to be able to comment on the subject matter of the
consultation; and
(b) a reason
ab
le time in which to respond to the info
rm
ation provided.
c Healtlrow
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Part
F:
Vehicle
Change
Explanatory Note
A.
Part
F provides a procedure
through
which
changes
to
railway vehicles, the
use
of
which
is permitted in
the
access
contract
and
related
safety
documentation,
may
be
assessed
and
implemented. Vehicle
Change
includes
any
alteration to
the
physical characteristics
of
vehicles, including
but
not
limited
to
,
any
increase in the length
of
any
trains
beyond
that
permitted by
the
relevant
access
contract and
supporting operational documentation
and
any
introduction
of
different
vehides
on
to
the
relevant
routes which, in
any
case, is
li
kely
materially
to
affect
the
maintenance
or
operation
of
the
HAL
infrastructure
or
the operation
of
trains
on
the
HAL
infrastructure.
B.
The
general
pri,.q,le
is that before
any
Vehicle
Change
can
be
implemented:
(i)
it
must
be
formally
proposed
under
Part
F;
and
(ii)
it
must
be
accepted
by
HAL
;
or
(iii)
to
the
extent
that there is
any
dispute
as
to
whether
the
change should
be
implemented,
or
the
terms
on
which it should
be
implemented
, such dispute
must
be
resolved (whether by agreement
or
in
accordance
with
the
ADRR
) in
favour
of
the
change being implemented, although
any
such
dispute should
not
prevent
the
implementation
of
the
Vehicle
Change
,
if
such change is safety
related.
C. Condition
F1
imposes a general obligation
on
HAL
to
facilitate Vehicle
Change
, which includes a
number
of specific obligations
to
provide information to Access Beneficiaries
and
to
publ
i
sh
documents
generated
under
Part
F
on
its website.
HAL
is
also
obliged to publish
model
tenns
and
conditions
that
it
is prepared
to
use
in
COI'V1ection
with
the
implementation
of
Vehicle
Change
proposals.
D.
Where
an
Access
Beneficiary
wishes
to
make
a Vehicle
Change
proposal, through
either
the
normal
Vehicle
Change
procedure
the
process
is
as
follows:
(i)
The
Access Beneficiary (
the
a
sponsor"
) gives a notice
of
proposal
to
HAL
, affected Access
Beneficiaries and other relevant persons. This would include, teclvlical compatibility with
the
HAL
infrastructure, all vehicle characteristics required
to
assess
the
proposed
change
,
and
proposals
as
to
how
HAL
or
affected
Access
Beneficiaries should
be
compensated
for
the
costs
, losses
and
expenses which
they
may
incur
as
a result
of
the
implementation
of
the
proposed change. HAL
must
then
evaluate the proposal
and
be
permitted
to
consult
with
Access
Beneficiaries
and
other
relevant
persons
about
the
effects
of
the
proposal.
(ii) Within
30
days
of
receiving a notice from
an
Access
Benefici
ary
,
HAL
is
required
to
gi
ve
a notice
setting out
the
Sponsor's proposal
and
adding further informa
ti
on
on
its
own
account
(in particular,
where
it
disagrees
with
elemen
ts
of
the
Sponsor's proposal).
The
notice includes a deadline
for
HAL
to
r
espond
to
the
Sponsor
's notice
of
proposal, which
may
be
adjusted in
the
light
of
consultation.
(iii)
If
the
deadline
for
responses
is
90
or
more
days
after
the
date of
the
no
ti
ce
of
proposal,
the
Sponsor
may
require
HAL
to
submit
preliminary responses
or
estimates
of
the
costs, losses
and
expenses which
it
may
incur
as
a result
of
the
implementation
of
the proposed change.
(iv)
HAL
is
entitled
to
be
reimbursed
75
% its reasonable costs
of
assessing a
Vehide
Change
proposal
by
the
Sponsor.
The
Sponsor
may
require
HAL
to
provide
it
with
estimates of such assessment
costs
,
or
to
cease incurring such costs.
(v) In responding formally
to
a Vehicle
Change
proposal, HAL
must
state
whether
it
,
or
another
Access
Beneficiary, objects to the proposal in principle
or
on the grounds
that
it
contains insufficient
information,
or
whether
it,
or
another
operator
of
railway assets, objects
on
compensation grounds.
The
benefits
of
the change
to
an
Access Party
and
its
chances
of
recouping its costs
or
losses from
third parties (including passengers)
are
to
be
taken
i
nto
account
when
determining
the
amount
of
any
compensation.
c Healhfow Airport
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49
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Part
F:
Vehicle
Change
(vi)
The
Sponsor must then eith
er
reach agreement
wi
th
HA
L and other Access Beneficiaries to the
extent that they raise objections
to th
e proposal, refer
the
matters in dispute
in
accordance with the
ADRR
or
abandon the proposal. Impl
emen
tation
wi
ll th
en
depend
on
whether
the
ADRR
proceedi
ngs
result in a determination
that
the
change should
be
imp
lemented
on
terms that
are
acceptable to the Sponsor. If there are
no
objections to the proposal
the
Sponsor is
ent
itled to
implement it.
(vii)After
a Vehicle Change has become established, the arrangements for its implementation
may
be
varied according
to
the terms
of
any contractual Variation Procedure which forms part
of
the
terms
and conditions specified in
the
notice of proposal and/or is subsequently agreed
as
a result of the
consultation and response process.
E. Condition F2.1 0
aliO'IIS
Access Beneficiari
es
to
impl
eme
nt
a change for safety reasons, ensuring
th
at
the Vehicle Change procedure, whilst having
to
be
comp
leted,
does
not delay such implementation.
The
Vehicle
Cha
nge procedure must
be
undertaken
wh
ere a Vehicle Change for safety reasons lasts
for more than three months.
F.
Wher
e a Ve hicle Change
is
required
as
a result
of
a Change of Law or a Direction from a Competent
Authority,
the
normal
Vehide
Change procedure will
be
applied. In such cases, each Access Party will
be
responsible
for
its o
wn
costs and losses.
G. This Explanatory Note
does
not
form part
of
th
e
HAL
Ne
tw
ork
Code.
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te
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50
H
eo
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I Page
Part
F:
Vehicle
Change
Definitions
In this Part F, unless the context otherwise requires:
·Authorised Variation" I means a variation to
an
Established Vehicle C
hange,
where:
',
(a) the terms and conditions on which the Vehicle
Change
In
question
was established contain a Variation Procedure;
I
(b) that Variation procedure
has
been
followed in accordance
with
Its
terms;
and
I (c) the result
of
the operation
of
that Variation procedure
Is
that the
I _ _
Establ~
V~icle
Change has
been
varied;
"Establis
hed
Vehi
cle Change 1
1
means a
change
which the
Sponsor
is
entitled
by
this Part F to carry out.
and
·establish"
and
"establishment"
of
a Vehicle Change shall
be
construed
accordingly;
-------
-:1----
- - -
--
1 Includes additions, alterations
and
omissions.
and
cognate expressions shall "modification"
"
Re
levant Response D
ate
"
I "Specified Equipment"
"Sponsor"
"Variation"
I
r---
1 "Variation Procedure"
·
--
---
"Vehlde Change"
c
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51
be
construed accordingly;
means.
In
relation
to
a proposal
for
a Vehicle Change under
this
Part F. the
I later of
such
dates as are reasonably specified by HAL under Condition
1
F2
.
3.1(bXI)
or Condition F2.4.3 as the date
on
or before which
HAL
Is
to give
notice
of
Its
response
to
that proposal under Condition
F3.1,
having regard to:
(a)
the
size and
complexHy
of
the change;
and
(b)
the
llkety impact
of
the change
on
the operation of the
HAL
Infrastructure and Access Beneficiaries,
and
which
shall
not
be
:
I (A)
less
than 60 days; or
(B) unless
HAL
and
the Sponsor agree otherwise
In
writi
ng
. more than 90
days.
from
the date on which HAL's notice under Condition
F2
.
3.
1(c)
Is
given;
means.
in
respect
of
an
Access Agreement. any railway vehide the
use
of
which
Is
permitted
on the track pursuant to that agreement;
-----,
means.
in
relation
to
a proposal for a Vehicle C
hange
under Condition
F2.1
. 1
the Access Beneficiary which
has
made
the
proposa
l;
means any modlflcatlon to the terms
or
conditions (fndudlng as to the
specification
of
the works
to
be
done,
their timing, the manner of their
Implementation, the costs
to
be
lnrurred
and
their sharing.
and
the division
of
risk)
on
which
an
Established Vehicle Change
Is
to
be
carried out.
and
"varied"
and
any other cognate words shall
be
construed ac
cording
ly: J
means
.
In
relation to
an
Established Vehicle
Change.
a procedure which:
(a)
forms
part of the terms and conditions
on
which
the Vehicle
Change
Is
j
established; and
(b) provides for the Established
Ve
hlde Change Itself to
be
varied after it 1
has
been
first established;
and
1
means,
In
relation to
an
Access Benefidary:
(a)
any change to Specified Equipment (o
r,
In
the
case
of
an
Access
Option Holder. any change to the type or performance
spe
cification of
any vehlde specifically Identified within
an
access option) lndudlng by
Healhrow Networic
Code
I Page
Part
F:
Vehicle
Change
C Heathfow Airport
Um
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2
01
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52
I
I
I (U)
I
I
I (b)
I
..
1
way of:
any alteration (not being a change within paragraph (b ) below) to
the
physical characteristics of Specified Equipment (
or
.
In
the case
of
an
Access Option Holder, any change to the type or performance
specification
of
any vehicle specifica
ly
ldentifted within an access
option):
any Increase
In
the length of any trains beyond that permitted by that
Access Beneficiary's Access Agreement
or
the
Inclusion In Specified
Equipment
of
any
ra
ilway vehicle which is not
so
included;
or
the
Inclusion In an access option of any vehicle which is not so Included;
or
any material variation
to
an
Established Vehicle Change which has
yet been Implemented. other than Authorised Variation;
whi
ch
,
In
any case.
Is
likely materially to affect the maintenan
ce
or
operation of the HAL Infrastructure
or
the operation
of
trains on
the
HAL Infrastructure. but excluding any Authorised Variation.
--
--·
·
·-------·.1
H
eo
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Part
F:
Vehicle
Cha
n
ge
Condition
F1
: Facilitation
of
Vehicle Change
1.1
Obligation to facilitate Vehicle Change
HAL
shall
take
all reasonable
steps
to
facilitate the
de
v
elopme
nt
, establishment and implementation
of
any
proposal
for
Vehicle Change.
1.2 Facilitation
The obligation of
HAL
under
Co
ndition F1.1 includes:
(a)
the
provision to
an
Access Beneficiary
of
such
information concerning
the
condition, capacity
andlor
capability
of
the
HAL
infrastructure
as
that
Access BenefiCiary
may
reasonably request in
connection with
the
development
of
a proposal
for
Vehic
le C
hange
(
whether
the
proposal is
mad
e
by
that
Access Benefic
iary
or
another person);
(b)
the
publication
on
its website (subject
to
Condition
A3
of
the
HAL
Netwoo
Code
) of:
(
i)
every
proposal
for
Vehicle
Change
made
by
an
Access Beneficiary
under
Condition F2.1;
(
ii
)
every
response to a proposal f or
Veh
icle C
hange
made
by
HAL
under Condition F3.1 ;
(iii)
every
determination
of
matters
whi
ch
have
been referred in accordance with
the
relevant
ADRR
under
Condition
F5
.1
;
(
iv
)
every
Authorised Variation;
(v) standard
forms
,
produced
after
consu
ltation with every other Access
Party
and approved
by
the
ORR
, for
the
notification under this
Part
F
of
proposals
for
Vehicle
Change
,
and
of
responses to
such
proposals, which:
may
include different
forms
f
or
different
ty
pe
s
of
Vehicle Change having regard
to
the
size,
co
mplexity
and
value of
the
change
in
question; and
shall
be
used
by
any
person notifying
or
responding to a
pr
oposal for Vehicle Change
under
this Part F , unless it is
not
reasonably practicable for it
to
do
so
; and
(vi) model
terms
, produced after consultation
with
every other Access Party and approved
by
the
ORR
,
by
way
of supplement
to
the
terms
of
this
Part
F and
on
which
HAL
is prepared to
co
ntract
for
or
in
co
nnection
with
the
im
plementation of a Vehicle
Change
which:
(A
) shall provide appropriate and proportionate forms
of
contract for different types
of
Vehicle
Change
hav
ing regard
to
the
size, complexity and
va
l
ue
of
the
change;
(B)
may
include Variation Procedures; and
(C) shall,
so
far
as
reasonably practicable, form
the
basis
of
any
terms
and
conditions relating
to
the
implementation
of
a Vehicle
Change
which are proposed by
an
Access Be
nefi
ciary
or
under
Condition
F2
;
(c)
the
provision
of
a preliminary response
to
an
Access Beneficiary's proposal
for
Vehicle
Change
u
nder
Condition F2.4;
(d) such consultation before a notice
of
a proposal for a Vehicle
Change
is submitted
by
an
Access
Beneficiary
as
may
reasona
bly
be expected
to
enable that operator
to
assess
the
feasibility and
affordability
of
the
proposed change; and
(e) such consultati
on
with
each
Access Beneficiary that
HAL
considers
may
be
affected
by
the
implementation
of
th
e proposed Vehicle Change before a noti
ce
of
a proposal for a Vehicle
Change
is submitted
by
an
Access Beneficiary
as
:
C
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Part
F:
Vehicle
Change
(i) HAL considers reasonably necessary; and
(ii) any such person
may
reasonably request,
to
enable the proposal to
be
de
veloped in an efficient
and
economical manner; and
(f)
If
requested, provision
of
the
names
and
con
tact
deta
il
s
of
each Access Beneficiary which HAL
considers
may
be
affected by the implementation
of
the
proposed Vehicle Change.
Condition F2: Initiation
of
Vehicle Change procedure
2.1
Submission of proposal
If
an
Access Beneficiary wishes
to
make a Vehicle Change,
it
shall:
(a) submit to HAL and each Access Benefic.iary that
may
be
affected by the implementation
of
the
proposed Vehicle Change
as
advised
by
HAL
to
the
Access
Beneficiary under Condition
F1
.3(f) or
which has notified
the
Access Beneficiary that it may
be
so
affected, a proposal for such change;
(b) provide
de
ta
ils to
HAL
of
all Access Beneficiaries
to
which
the
proposal
for
change
has
been
submitted under Condition F2.1(a
);
(c) notify:
(i) the Secretary
of
State; and
(i
i) the ORR;
that
it
has submitted a proposal
for
Vehicle Change
to
HAL; and
(d) permit HAL to consult with the persons specified in Condition F2.1(c)
to
the extent provided for
under Condition F2.3 subject
to
such requirements
as
to
confidentiality
as
are reasonable.
2.2 Content of Sponsor's notice
of
proposal
A notice
of
proposal for Vehicle Chan
ge
given by a Sponsor
under
Condition F2.1 shall:
(a) state:
(i) the reasons
why
it is proposed to make
the
change;
(ii) the nature
of
the change, including:
(A) any material change which the Sponsor proposes to make
to
the physical
characteristics
of
any
vehicle which is a
lr
eady
included within the Specified
Equipment; and
(B) a description
of
any vehicle which
is
not already included within the Specified
Equipment,
but
which the Sponsor proposes
to
include within the Specified
Equipment;
(iii) in the case
of
any vehicle of the kind referred to in Condition F 2 .2(a)(ii)(A):
whether it is proposed to operate
it
on any part
of
the
HAL
infrastructure on which it does not
already operate; and
whether it is proposed
to
operate
it
at
hi
gher
speeds
or
tonnages
or
to
a larger gauge than it
has previously been operated over any part
of
the
HAL
in
frastructure on which such a vehicle
already operates;
(iv) in the case
of
any vehicle
of
the kind referred
to
in Condition F2.2(a)(iiXB), over what parts
of
the HAL
inf
rastructu
re
, and at what speeds, it proposes
to
operate such vehicles;
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Part
F:
Vehicle
Change
--
--
··
-------
---
---
----
--
--
(v)
the
proposed t
ime
ta
ble
for the implementation
of
t
he
change, including
whether
it int
ends
to
im
pl
ement
the change
us
ing
the Expedited
ProcedlM'e
;
(vi)
the
Spo
nsor's proposals (if
any
)
for
the
divis
ion
of
the
costs
of
carrying
out
the
change
,
includi
ng
any
proposals in relation to
the
ca
lculation
or
payment
of
compens
ation
to
any
Access
Party in respect
of
the change;
and
(vii)
any
add
itional terms
and
conditions which
the
Sponsor
proposes
should
apply
to
the change,
inc
l
ud
ing
any
proposed Variation Procedure;
and
(b) be prepared
to
a standard , a
nd
in
such
de
tail,
as
is
rea
sonably n
ecessary
, having
due
rega
rd
to
the
l
eve
l
of
kno
wl
edge
and expertise r
easona
bly
to
be
expected
of
each
A
ccess
Beneficiary
that
HAL
cons
iders
ma
y be affected by
the
implementation
of
the
proposed Vehicle C
hange
,
to
enable:
(i)
HAL
;
and
(ii)
any
Access
Beneficia
ry
that
HAL
considers
may
be
affected
by
the
implement
at
ion
of
the
pr
oposed
Veh
i
cle
Change
,
to
assess
the
like
ly
effect
of
the proposed
change
on
its business, its assets
and
it
s
performance
of
a
ny
obligations
or
the
exercise of
an
y rights
or
discre
tion
s
whi
ch it
has
in
relation
to
railw
ay
services.
2.3 Evaluation of proposal and consultati
on
2.3.1
If
HAL
receives a proposal
for
Ve
hide
Change
under
Condition
F2
.1
, it
sha
ll:
(a)
eva
l
uate
and
discuss that proposal with
the
Sponsor
for
such
period
as
is reasonable having
due
regard
to
the
likely impact
of
the
proposed Vehicle
Change
on
either
or
both
of
HAL
and
other
operators
of
trai
ns
;
(b) within
30
days
of the
date
on
which the
Sponsor's
notice
under
Condition
F2
.1 w
as
given, give a
not
i
ce
to
t
he
persons specified in
Cond
iti
ons
F2
.1 (a ) (with
the
exception
of
HAL
)
and
(c
), with a
copy
to
the
Sponso
r, inviting
them
to
submit
comments
on
the proposed Vehicle Change by a
specified
date
,
whi
ch
sha
ll
not
be
earl
ier
than
10,
or
later
than
7
days
before the Relevant
Response
Date
,
stat
i
ng:
(i) the Relevant
Res
ponse
Date
and the obligations
of
Access
Parties
under
Conditi
ons
F2
and
F3
;
(ii)
HAL's
es
ti
mate
of
th
e likely
impact
of
the
change
on
the operation and performance
of
the
HAL
infrastructure;
and
(iii)
HAL's
own
proposals
as
to:
(
A)
the
arrangements
for
,
and
any
pr
oposed
t
erms
applicable to,
the
implementati
on
of
the
change;
(B)
the
arrangements
for
determining and
paying
any
compensation
in
res
pect of
the
change;
(C)
the
ti
metab
le
for
implementation
of
the
change;
(D)
the
division
of
the costs
of
carrying out
th
e change;
and
(
E)
the
addit
ional terms and cond
it
ions
(
if
any)
which should
app
ly to the c
hange
, including
any
Variation Procedure;
(c)
send
the
proposal
for
Vehicle
Change
to
any
Access
Beneficiary
that
may
be
affected
by
the
implementation
of
the
proposed V
eh
i
cle
C
hange
if the Sponsor
has
not
already done
so
in
accordance with
Cond
ition F2.1
(a
);
and
c
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(d)
pro
v
ide
de
tails to the
Sponsor
of
all Access Beneficiaries (
if
an
y)
to
wh
ich
HAL
h
as
sen
t
the
proposal f
or
Vehicle Change under
Cond
it
ion
F2
.3.1 (c ).
2.3.2 In preparing a notice under
Condi
tion F2.3.1, HAL:
(a)
shatt
comply
with
the
st
anda
r
ds
spec
ifi
ed
in
Co
nditi
on
F2
.2(b); and
(b)
in
r
espect
of
each
of
the
matters specified in Condition F2.3
.1
(b )(iii):
(i)
shaD
ha
ve reg
ar
d
to
an
y
re
levant
sta
t
emen
ts
and
proposals contained
in
the
Sponsor's notice
under
Condit
ion
F2
.1
;
(ii)
sh
aD
give reasons
for
an
y differences between those statements
and
proposa
ls
and its
own
proposals u
nder
Cond
iti
on
F2
.3
.1
(b )(iii);
and
(iii)
ma
y
annex
to its n
otice
an
y proposal contained in
the
Sponsor's notice
under
Condition F2.1
with
whi
ch it agrees,
stat
ing i
ts
agreement,
and
,
wh
ere
appropriate,
that
it
h
as
no
proposals
of
its own on the
matter
concerned.
2.3.3 If
an
Access Beneficiary receives a proposal for V
ehi
d e Chan
ge
under Condition
F2
.1
or
Condition
F2
.3.1 (c), it shall eval uate
and
discuss
the
proposal with
HA
L for such period
as
is r
easonable
havi
ng
due regard
to
the
like
ly
i
mpact
of
the proposed V
eh
i
cle
Change
on
that
Access Beneficiary.
2.4 Preliminary response and estimate
2.4.1 Ex
cept
in
the circumstances and
to
the extent specified in Condition
F2
.4.2,
HAL
sha
ll, when consulted
by
the S
ponso
r,
ta
ke a
ll
reasonable steps to
co
mply
with
any
request
of
the S
ponsor
to
provide
the
Sponsor, within a reasonable period
of
time, and at no
cost
to
the
Sponsor:
(a) a prelimi
na
ry
estimate
of
those costs, losses
and
expenses referred t o in
Cond
ition
F3
.2 whi
ch
may
be
incurred by H
AL
;
or
(b) a
pre
limina
ry
written response in respect
of
a proposed Vehi
de
Chan
ge
,
wh
ich shall:
(i)
be
binding
on
HAL
, unless
HA
L i
nd
icates otherwise ;
and
(ii)
if
it
is
nega
tive, inclu
de
reasons.
2.4.2 H
AL
sha
ll
n
ot
be
obliged
to
comply with a r
equest
from the Sponsor under
Co
nditi
on
F2
.4
.1
:
(a) unless:
(i)
the
Relevant Response Date is 90
or
more
days after the
da
te on
wh
ich
HAL
's notice under
Condition
F2
.3.1(b) w
as
gi
ven
; and
(i
i)
the
request is
made
within 7
da
ys
of
the
Sponsor receivi
ng
HAL
's no ti
ce
under
Cond
ition
F2
.3.1(b );
or
(b) to the
extent
that
HAL
is unable
to
comp
ly
with such a request, hav
in
g r
egard
to
the
informa
tion
reasonably available to it.
2.4.3 After
co
nsultation with the
Sponsor
HAL
may
noti
fy
a later Relevant Response
Date
to the
Sponsor
and
the persons t o
wh
om
it
ga
ve i ts notice
under
Conditi
on
F2.3.1 (b ).
2.5
Re
imbursement
of
costs
Subj
ect
to Conditions
F2
.4 and F3,
HAL
shall be entitl
ed
to
reimbursement
by
the
Sponsor
of
75
%
of
all
costs incurred
by
HAL in assessing
any
Vehicle
Change
proposed by the
Sponsor
.
Those
costs shall
be the minimum reasonably necessary
for
HAL
to
carry
out
t
hat
assessment.
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2.6 Provision
of
estimate
of
costs by HAL
2.6.1 HAL shall, upon request from the Sponsor, from time to time, provide
the
Sponsor with written
esti
ma
tes of
the
costs
of
assessing a
pr
oposal for Vehicle Chan
ge
submitted
by
the
Sponsor (as
referred
to
in Condition F2.5) including estimated castings
of
the
work
to
be
carried
out
and shall:
(a) be entitl
ed
to req
ui
re reasonable assurances
of
payment in respect of
an
y
ma
terial \VOl1( to
be
carried
out
for the purposes
of
that evalua
ti
on before commencing such work; and
(b) upon request from
the
Sponsor
fr
om
ti
me
to ti
me
, provide the Sponsor
or
its agents with such
inf
ormation as may
be
reasonably necessary
to
enable the Sponsor to assess the reasonable
ne
ss
of
any estimate.
2.7 Accuracy
of
estimates
HA
L shall ensure that
any
estimates given
by
it are,
so
f
ar
as reasonab
ly
practicable, accurate
on
the
basis of
the
information reasonably available to it.
2.8
Obl
igation to incur no further costs
HAL shall,
if
requested
by
the Sponsor
at
any ti
me
, incur no
fu
rther costs (except a
ny
costs
th
at cannot
reasonably
be
avoided)
in
respect
of
any proposal
for
V
eh
icle Change made
by
the
Sponsor.
2.9
Re
lationship with HAL Ne
tw
ork Change
If the implementation
of
a proposed Vehicle Change also requires
the
implementation
of
a HAL
Ne
tw
ork
Change, t
he
Sponsor shall foll
ow
the procedures and satisfy the requirements
of
both this Part F and
Part G and
the
requ
ir
ement for a HAL Network Change shall not preclude the right
of
the
Sponsor to
follow the procedure in this Part F for a Vehicle Change
or
vi
ce
versa.
2.10 Vehicle Change for safety reasons
To the extent
that
a V
eh
icle Change
is
required to
be
made by
an
Access Beneficiary f
or
safety
reasons, the Access Beneficiary shall not be obliged to implement the procedure set out in this Part F in
re
lation to that change until the change has lasted
for
three months (
or
such longer period a s
may
be
specifi
ed
in the relevant Access Beneficiary's Access Agreement
).
Upon expiry
of
the
relevant period,
the Access Beneficiary shall promptly commence implementing and thereafter comply with the
procedure set
out
in this Part F as
if
the
relevant Vehicle Change were a Vehicle Ch
ange
proposed
by
the Access Beneficiary.
Condition F3: Response to vehicle change proposal
3.1
Obligation to give notice
of
response
HAL shall give
not
ice to the Sponsor, if:
(a)
it
considers that one
or
more
of
the
fo
llowing conditions h
as
been satisfied:
(i) the implementation
of
the change would necessari
ly
resu
lt
in HAL breaching
any
access
contract (other than an access contract to which the Sponsor is a party
);
(ii) the Sponsor has
fa
iled in a ma
ter
ial respect to comply
wi
th its obligations under Condition F2.2
provided that
HAL
shall first have given the Sponsor a reasonable opportunity to remedy that
failure;
or
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(iii) the implementation
of
that change would result in a
mat
erial adverse effect
on
the maintenance
or
operation
of
the
HAL
infrastructure
or
operation of trains on the
HAL
infrastructure, which in
any such case cannot adequate
ly
be
compensated under this Condition F3;
(b) any Access Beneficiary shall have g
iv
en notice
to
HAL that
it
considers that any
of
the conditions
specifJed in paragraph (a) above has been satisfied;
(c)
it
considers that it should
be
entitled to compensation from
the
Sponsor for
th
e consequences
of
the
impl
err~enta
tion
of
the
change either
(i) in accordance with compensation terms proposed
under
Condition F2,
(ii) in the absence
of
any
compensation terms proposed under Condition F2,
or
(iii) on compensation terms other than those proposed un
de
r Condition F2; and/or
(d) any other operator
of
railway assets shall have given notice
to
HA
L that it considers that it should
be entitled to compensation from the Sponsor for the consequences
of
the
implerr~entation
of
the
change either
(i) in accordance with compensation terms proposed under Conditi
on
F2,
(ii) in the absence
of
any compensation terms proposed under Condition F2, or
(iii) on compensation terms other than those proposed under
Co
ndition F2.
Any
notice
of
the
kind referred
to
in paragraphs (a)
or
(b) above shall include the reasons
for
the opinion
in question. Any notice
of
the kind
ment
ioned
in
paragraphs (c)
or
(d) above shall include a
staterr~ent
of
the amount
of
compensation required and the means
by
which the compensation should
be
paid,
including any security
or
other assurances
of
payment
wh
ich the Sponsor should provide.
Any
such
statement shall contain such detail
as
is
reasonable to enable
the
Sponsor
to
assess the
rr~erits
of
the
staterr~ent.
3.2 Amount of
compe
nsati
on
Subject
to
Conditi
on
F3.3, the
arnc>lWlt
of
the compensation referred to in Condition F3
.1
shaU
be an
amount equal
to
the amount of the costs,
di
rect losses and expenses (including
lo
ss
of
revenue) which
can reasonably
be
expected
to
be
incurred by
HA
L
or
the operator
in
ques
ti
on
as
a consequence of the
implementation
of
the proposed change other than any such costs, losses
or
expenses which are
attributable
to
the Sponsor improving its ability
to
compete
with
o
th
er operators
of
railw
ay
assets.
3
.3
Benefits to
be
taken
into account
There shall
be
taken into account in determining the amount
of
compensation referred
to
in
Condition
F3.1:
(a) the benefit (if any) to be obtained or likely
in
the future
to
be obtained by HAL
or
any other operator
of
trains as a result
of
the proposed Vehicle Change; and
(b) the ability
or
likely future ability
of
HAL
or
any other operator of tra i
ns
to recoup any cos
ts
, losses
and expenses from third parties including passengers and customers.
Condition F4: Changes imposed by competent authorities
4.1 Where an Access
Ber~e
fi
ciary
is required (other than
at
the request
or
instigation
of
the Access
Beneficiary)
to
implement a V
eh
icle Change
as
a result
of
any Cha
ng
e
of
Law
or
any D
ir
ection
of
any
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-
Co
mpetent
Authority other
than
the
ORR
exercising
any
of
i
ts
functions
whi
ch
do
not
fall within
the
definition
of
'
sa
f
ety
function s'
as
defined
in
section 4 of
the
Act
(a)
eac
h Access Party shall,
except
to
the
extent
that
the relevant
Change
of
Law
or
D
ir
ecti
on
ot
herwise requ
ir
es
, comply with Conditions
F2
.1, F2.2 and
F2.3
(other than
Co
nditi
ons
F2.2(aXvi)
and
F2.3.1(b )(iiiXB)
and
(D))
in
respect of
that
Vehide
Change;
(b)
HAL
shall
ma
ke such alterations (if any) to the
HAL
infrastructure
as
are reasonably necessary to
accommodate that Vehi
de
C
hange
and
each
Ac
cess
Party
sha
ll
, except
to
the
extent
that
the
re
leva
nt
C
hange
of Law
or
D
ir
ection otherwi
se
requ
ir
es
, comply with
Cond
iti
ons
G1.1
and
G
12;
and
(c) each Access Party shall bear its o
wn
cos
ts
and l
osses
arising
out
of
the implementation
of
the
Vehicle
Change
and
the
cons
equences thereof.
Condition F5: Appeal procedure
5
.1
Right
of
appeal in accordance with the ADRR
5.1.1 If
any
Access Party is dissa
ti
sfied
as
to:
(a)
any
matter
concerning
the
operation
of
the procedure
set
o
ut
in this
Part
F;
(b)
the
conte
nts
of a
ny
notice given
by
HAL under Condition
F3
.1 (and, in parti
cu
lar, the amount of
any
compensation referred
to
in
that
Condition); Of'
(c)
any
estimate referred
to
in Condition
F2
.6,
it may
ref
er
the
matter
for determination in accordance with
the
ADRR.
Condition F6: Establishment and implementation
6.1
Implementation
of
a proposed Vehicle Change
6.1
.1
With
the
exception
of
any
Ve
hicle
Change
implemented
under
Cond
ition
F2
.1
0,
the
Spo
nsor
sha
ll be
entitled
to
implem
ent
a proposed
Vehide
Change
if
:
(a)
HAL
has
not given notice under Condition F3.1
by
the
Relevant Response Date;
or
(b)
HA
L
has
given notice
by
the Relevant Response Date under Condition F3.1
(c)
and either the
amount
of
any
co
mpensation referred
to
in Condition F3.1 has been agreed,
or
resolved,
or
th
e
method by which such compensation is to
be
calculated
has
been agreed
or
resolved under
Conditi
on
FS;
or
(c)
HAL
ha
s received notice from an Access Beneficiary under Condition F3.1(d) and eit
her
the amount
of
any
compensation referred
to
in Condition F3.1
has
been agreed,
or
resolved,
or
the method
by
whi
ch
such
co
mpensation is to
be
calculated
has
been
agreed
or
resolved under Condition FS; and
(d) there
is
no other unreso
lv
ed
dispute
under
this
Pa
rt
F (whether under this Conditi
on
F6
or
othe
rw
ise)
as
regards
the
proposed change between
the
Sponsor and
HAL
or
any
Access
Beneficiary.
6.1.2
The
Sponsor may,
if
it
considers it expedient
to
do
so
in order
to
confirm
whether
or
not Condition
F6.1.1 has been
sat
isfied, instruct HAL
to
issue a notice to all affected Access Beneficiaries
when
the
Sponsor reasonably
be
lieves
that
it is entitled
to
impleme
nt
a proposed
Veh
icle Change and
HA
L shall
then serve such a notice within 7
da
ys of the instructi
on
.
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6.1 .3 The Sponso
r's
entitl
ement
to implement a proposed
Vehid
e Change shall be
tr
eated
as
confir
med
35
days after
HAL
h
as
se
rv
ed
a notice in respect
of
that
Vehide
Change
in
accordance with Condition
F6.1.2 unless:
(a)
HAL
giv
es
notice
to
the
S
po
ns
or
within 35 days disputing
the
Sponsor's entitlement
to
implement
that Veh
id
e Change und
er
Cond
it
ion F6.
1.1
and giving full particulars
of
its reasons;
or
(b)
HAL
receives notice from an Access Beneficiary within
21
days
of
the notice served
by
HAL
disputing
the
Sponsor's entitlement to implement that Vehicle Chan
ge
under Condition F6.1
.1
and
giving full particul
ars
of
its reasons.
6.1.4 If the Sponsor does
not
agree with the contents
of
a notice served
by
HAL
or
an
affected Access
Beneficiary
in
accordance with Condition F6
.1
.3,
the
Sponsor may:
(a) refer the matter
for
determination in accordance with the ADRR and Condition F5 shall apply; or
(b) withdraw
th
e proposed Veh
ide
Change.
6.2 When a Vehicle Change may not
be
implemented
6.2.1 The Sponsor shall not
be
entitled to implement a proposed Vehicle Change unless
it
is so entitl
ed
to
do
so ooder Condition F6.1.1.
6.2.2 For the purposes
of
the Condition F6.1.1, unresolved disputes shall include:
(a) a
no
tice
ha
s been served under Condition F3.1 (a)
or
(b) which
has
not
been
withdrawn, reso
lv
ed
under Condition
FS
or
agreed
not
to apply; and
(b) a notice
has
been served under Condition F3.1(c )
or
(d) which
has
not
been agreed
or
resolved as
referred
to
in Condition F6.1.1 (b )
or
(c)
or
otherwise agreed, resolved
or
withdrawn.
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G:
HAL
Network
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Explanatory Note
A. Part G
is
concerned
wi
th
the
procedures which Access Parties
must
go
through when certain types
of
change to the
HA
L infrastructure (defined as "HAL Network Change") occur
or
are proposed.
B.
The
definition
of
"HAL Network Change• is broad, and much
of
it
is
expressed in non-exhaustive terms
(i.e. after some general words
of
definition, HAL
Networ1<
Change is said
to
"
W'Idude
" certa
W'I
specific
things
by
way
of
illustration
or
example, but that does
not
necessarily mean that other things are
excluded).
The
definition should always be considered carefully
and
in its entirety before
any
decision
is made as to
wh
ether a parti
cu
l
ar
change falls within the scope
of
Part G. The following specific points
should also be noted:
(i) only changes whi
ch
are likely to have a material effect on
the
operation
of
the infrastructure
or
of
trains operated on the infras
tr
ucture are
HAL
Network Changes;
(i
i)
HAL Network Changes can either be physical (e .g. changes to the layout, config...-ation or condition
of
the infrastructure) or operational (e.g. the introduction
of
a speed restriction
on
a section
of
tr
ack,
a change
to
the w
ay
HAL maintains track or a change to the monitoring points used in the
application
of
Schedule 8 of
the
Track Access Agreements), but operational changes are only
HAL
Network Changes
if
they last, or are likely to last, for more than six months;
(iii) closures
of
lines which are covered
by
the statutory procedures under the
Ad
(i.e. lines which are,
or
have in
the
preceding five years been, used for passenger services) and
(
iv
) closures
of
lines which are not covered by the statutory procedures under
the
A
ct
(i.e. lines whic h
are, or have in the preceding five years , been used only for freight services) are HAL Ne
tw
ork
Changes.
C. From a procedural point
of
view, Part G di
vi
des
HA
L Network Changes into
tw
o categories: those
proposed
by
HAL
and those proposed
by
an Access Beneficiary. All
HAL
Network Changes, whether
proposed by H
AL
or
by
an Access Beneficiary, are implemented
by
HAL.
D. The general principle is that before any HAL Network Change can be implemented:
(i)
it must be formally proposed under Part G; and
(
ii
) it must be accept
ed
by
those Access Beneficiaries whom it will affect (and,
whe
re
the
change is
proposed
by
an
Access Beneficiary,
by
HAL
);
or
(iii) to the extent that there is
any
dispute as to whether the cha
nge
should
be
implemented, or the
terms
on
which it should
be
implemented, such dispute must be resolved (whether
by
agreement
or
in accordance with the ADRR) in favour
of
the change being implemented.
E. However, it is recognised that:
(i) safety considerations will sometimes dictate
that
HAL must make a
HA
L Network Change very
quickly, without recourse to all the procedures under Part G. In such cases, HAL's
ob
ligations
under Part G may be subordinated
to
the
interests
of
safety to a greater
or
lesser extent,
de
pending
on the circumstances (see further Condition
G1
.10); and
(ii) where a HAL Network Change is required to be made as a resu
lt
of a Change of L
aw
or
a Directi
on
of
a Competent Authority, most
of
the normal obligations
of
Access Parti
es
under Part G
do
not
apply (see further Condition G9).
F. Conditi
on
GA
imposes a general obligation
on
HAL to facilitate HAL Network Change, which includes a
number
of
specific obligations to provide information to Access Beneficiaries and to publish documents
generated under Part G
on
its website. HAL
is
also obliged to publish model terms and conditions
which it is prepared to use in connecti
on
with the implementation
of
HAL Network Cha
nge
proposals.
c Heathrow Anport Llflllted
201
5
61
Heottwow
Nefw
ori<
Code
1
Pag
e
Part
G:
HAL
Network
Change
G. Conditi
ons
G 1
and
G2
are concerned with proposals
made
by
HAL. Conditions
G3
and
G4
are
concerned
with
proposals
made
by Access
Benefic
iari es. Conditi
on
G5
is
co
n
cerned
with
the ex
piry
and reversal process
of
a
Short
Term
HAL
Network
Change
.
G6
is
concerned with mandatory chan
ges
(resulting
from
a Change
of
Law
or
a Direction
of
a
Competent
Authori
ty)
.
Cond
iti
on
G7
is concerned
with the processes that
may
be adopted
for
establishing
and
impl
ement
ing
HAL
Network Changes.
Condition
G8
is
concerned with dispute resolution in connection with H
AL
Network
Change
proposals.
H.
Where
H
AL
wi
shes
to
make
a
HAL
Network
Change
proposal
the
proced
ur
e i s
as
follows:
(i)
HAL
gives
a notice
of
proposal and
sets
a
deadline
for
Access
Beneficiaries
to
res
pond
to
it.
Conditions G1.1 and G 1.2 specify the
persons
to
who
m
the
no
ti
ce
must
be
g
iv
en and
what
it
must
contain. In particular,
the
notice is to contain information
on
the
likely material effects
of
the
HAL
Network Change and the reasons
for
its proposal and proposals
as
to
how
affected Access
Beneficiaries should
be
compensated
for
the
costs, l
osses
and expenses
wh
ich
they
ma
y i
ncur
as
a
result
of
the
impl
emen
tati
on
of
the
proposed
change
.
(ii)
HAL
consults with operators
of
railw
ay
assets
like
ly
to
be
affected
by
the
proposed
change
and
may
adjust the deadline
for
responses in the
light
of
consu
ltati
on
.
(iii) If the
dead
li
ne
for
responses is 60
or
mo
re
da
ys
after
the
date
of
HAL's notice,
HAL
ma
y requ
ir
e
Access
Benefic
iaries t o submit prelim
in
a
ry
r
esponses
or
estimates
of
the
cos
ts, l
osses
and
expenses which
they
may
incur
as
a
result
of
the
implementation
of
the
propo
sed
change.
(iv) Access Beneficiaries are
en
titl
ed
to
be
rei
mbursed
75%
of
the
ir reasonable costs
of
assessing a
HAL
Network
Change
proposal by
HAL
HAL
may require Access Beneficiaries to provide
it
with
estimates
of
such assessment costs,
or
to
cease
incurring such costs.
(v)
In
responding formally
to
a
HAL
Network
Change
proposal, an
Access
Beneficiary
must
either
accept
the
proposal in its entirety
or
object
to
it
on
one
or
more
of
the
grounds
specified in Condition
G2
.1.1 (a). Grounds
for
objection fall
into
four
categories: objections to
the
proposed
cha
nge
because
it
would
breach the Access
Beneficiary
's
access
contract; objections
to
the
change
proposal
on
the
grounds
that
it
does
not
contain sufficient information to
allow
the
Access
Beneficiary
to
make an informed response; objections
to
the
proposed
change
on
the grounds
that
it
would result in a material deterioration in performance
that
could
not
adequately be compensa
ted
;
and objections
to
the proposed c
ha
nge
because
it
does
not
t
ake
into account the reasonable
expectations of the Access Beneficiary in relation to
the
Mure
use
of
the
part
of
the
HAL
infrastructure in question.
When
making a claim
for
com
pensation for
cos
ts
, losses and expenses
which
it
may
incur
as
a result of the
proposed
change, an Access Beneficiary m
ust
state
on
wh
at
terms
it
believes such compensation
should
be
paid.
The
benefits
of
the
change
to
the
Access
Beneficiary and its chances
of
recoupi
ng
its
costs
or
losses
from
third
pa
rt
ies
(includi
ng
passengers) are
to
be taken into account
when
determining
the
amount
of
such
compensation.
(vi)
HAL
must
then eith
er
reach
agreement
with
any
ob
j
ect
i
ng
Access Beneficiaries,
refer
the matters in
dispute in accordance with
the
ADRR
or
abandon
the
proposal. Implementation will then
depend
on
whether
the
ADRR
proceedings
result
in a determination
that
the change should be
implemented on terms
which
are acceptable
to
HA
L. If
no
Access Beneficiary objects
to
a
HAL
Network Change proposal,
HAL
is entitled to
implement
follo
wi
ng
the procedure set
out
in Condition
G7
.
I.
The
Short
Term
HAL
Network
Change
process
allows
HAL
to
propose to maintain
any
part
of
th
e
infrastructure
at
le
ss
than
the published capability f
or
a
spec
ifi
ed
period.
Cond
ition
G5
provi
des
Access
Beneficiaries with the ability to request,
at
HAL
's
cost
,
the
reversal
of
any
such
change should they
have a reasonable
ex
pectation
as
to t
he
future
use
of
the relevant part
of
the
HA
L infrastructure
be
fore
the expiry
of
the
specified period.
J
Where
an
Acces
s Beneficiary
wis
hes
to
ma
ke a
HAL
Network C
hange
proposal,
the
procedure
is
as
follows:
c Heathrow Airport
limited
2015
62
Heofhrow Nefworil
Code
I
Page
Part
G:
HAL
Network
Change
(i)
The
Access Beneficiary rsponsor") g
iv
es
a
notice
of
proposal
to
HAL. Condition
G3
.2 prescribes
the contents
of
such a no
ti
ce. In particular, the
notice
is
to
con
tain
information
on
the
li
kely material
effects
of
the
HAL
Network
Change
and
the
reasons
for
its proposal and proposals
as
to
how
HAL
and affected Access Beneficiaries should
be
compensated
for
the
costs, losses and expenses
wh
i
ch
they
may
incur
as
a result
of
the
implementation
of
the
proposed change.
HAL
must
then
evaluate
the
proposal
and
be
permitted
to
consult with Access Beneficiaries and other rel
evant
persons
about
the
effects
of
the
proposal.
(ii) Within
30
days
of
receiving
the
Sponsor's notice,
HAL
gives
a notice setting out the Sponsor's
pr
oposa
l and adding further information
on
its
own
account (in particular, where
it
disagrees with
el
ements
of
the
Sponsor's proposal). The notice includes a deadline
for
HAL
to
respond to
the
Sponsor's notice
of
proposal, which
may
be
adjusted
in
the
light
of
consultation.
(iii)
If
the deadl
ine
f
or
responses is
90
or
more
days
after the
date
of
HAL
's notice,
the
Sponsor
may
require
HAL
to
submit
pre
limil
ary
responses
or
estimates
of
the
costs, l
osses
and expenses which
it
may
in
cu
r
as
a result
of
the
implementation
of
the proposed change.
(iv) HAL
is
entitled
to
be reimbursed
75%
of
its reasonable costs
of
assessing a
HAL
Network Cha
nge
proposal
by
th
e Sponsor.
The
Sponsor
ma
y require
HAL
to
provide
it
with estimates of such
assessment costs,
or
to
cease
incurring
such
costs.
(v) In respondi
ng
formally
to
a
HAL
Network
Change
proposal,
HAL
must state on
its
o
wn
be
h
alf
and
on
be
half
of
any
other Access Beneficiary,
whether
the
proposal is accepted in its entirety
or
objected to
on
one
or
more
of
the
grounds specified in Condition G4.1
.1
(a
)
or
(b).
If
a HAL NetworK
C
hange
proposal is accepted and
HAL
and/or
an
affected Access Beneficiary
make
a claim for
compensati
on
for
costs, l
osses
and expenses
which
it may incur
as
a result o f
the
proposed
change,
HAL
must
state
on
what
terms it (
or
another
Access Beneficiary) believes such
compensation should
be
paid. The benefits
of
the
change to HAL
or
any
other Access Beneficiary
and
the
ir chances
of
recouping their costs
or
losses from third parties (including passengers)
are
to
be
taken into account
when
determining
the
amount
of
any
compensation.
(vi)
The
Spo
nsor
must
then either reach agreement with
HAL
and
other Access Beneficiaries to
the
extent that
they
raise objections
to
the
proposal, refer
the
matters in dispute for determination in
accordance with the
ADRR
or
abandon
the
proposal. Implementation will then depend
on
whether
the
ADRR
proceedings (
see
further Condition G10) result in a determination that the change should
be
implemented.
(vii) Where a proposal for HAL NetworK Change proposed
by
an
Access Beneficiary requires the
imp
lementation
of
a Vehicle
Change
,
that
Access Benefici
ary
must
follow
the
required
pr
ocedur
es
under
Part
F
as
well
as
those under Part
G.
K.
This
Explanatory Note
does
not form part
of
the
HAL
Netw
ork
Code.
C Heathrow Airport Urmted
201
5
63
Heol
hrow
Nelwotk
Code
I
Page
Part
G:
HAL
Network
Change
Definitions
In
this
Part
G,
unless
the
con
te
xt
otherwis
e
requires
:
"
A~
Variation"
--
-I means a
variat
ion
to
an
Esta"b
iiShed
HAL
~twon<
cilan9e
~
where:
·---
1 (a) the terms and conditions
on
which
the
HAL
Netwon< Change In
"
Change
"
"Effective
Date
"
"Established
Da
te
"
"Established
HAL
Network
·
Change
•
·--------
"Expiry
Date
•
: question
was
established contain a Variation Procedure:
· (b) that Variation Procedure
has
been
followed in accordance with Its
terms
:
and
1 (c)
the
result
of
the
operation
of
that Variation Procedure Is
that
the
Established
HAL
Networi(
Change
has
been
varied;
I
1 Includes:
(a) Improvement
or
deterioration. enlargement
or
reduction;
and
I
(b)
for
the
purposes
of
paragraph (b)
of
the
definition
of
HAL
Network
Change. a series
of
changes;
I
I
I means the
date
specified In a notice
of
proposal
of
a Short
Term
HA
L Network 1
'
Change
upon
which
the
Short
Term
HAL
Networ1<
Change Is proposed
to
I
become
effective:
I
1 means the ftrst
date
upon which a
Short
Term
HAL Network Change
can
be
implemented In accordance with Condition
G7
,
whether
or
not
the
C
han
ge Is
Implemented
on
that
day
;
·
means
a Change falling within the definition
of
"HAL Networi( Change•
and
·which:
I (a) In
the
case
of
a
HAL
Network
Change
proposed
by
HAL
,
HAL
Is
i entitled
to
carry out having complied with
the
procedural
and
other
j requirements
of
this Part G;
and
, (b) In
the
case
of
a
HAL
Netwont C
hange
proposed
by
an
Access
I Beneficiary,
HAL
Is required
by
this
Part G
to
carry out,
I
and
"establish"
and
·establi
shmenr
of
a
HAL
Netwont
Change shall
be
construed accordingly:
--~
~
---
-----
--
~
I
means
the
date specified In a notice
of
proposal In relation
to
a Short Term
,
HAL
Network Change which shall
not
be
more
than
two
yea
rs,
or
such
longer
: period as Is agreed bet¥/een
HAL
and
each
Access Beneficiary
tha
t may be
1 affected
by
the
Implementation
of
the
proposed
Short
Term
HAL
Network
!
Change
or
determined In accordance with Condition GS, from the later
of
t
he
1 Effective
Dat
e
and
the
Established Date;
"
Go
vernmental Body" 1 means
any
local, national
or
supra-.nattonal agency, authority. department,
I Inspectorate. minister. ministry, omdal, court, tribunal,
or
public
or
statutory
_____________
,_person (whether
autonomou~~
not
and
Including
the
ORR):
"Method
of
Delivery"
"modification"
"HAL
Network
Change·
o Heathfow Allport
Lmte
201
5
64
includes the means
of
securing access
to
an
operational
docume
nt
and the
ability
to
make use
of
the
data
contained in
an
operational document; .
Includes
ad
ditions. alterations and omissions.
and
cognate expressions shall I
1
_
be
_
co
_
~
~
trued
according!
~
------_
_ _ _ _ _ i
, means. In relation
to
an
Access Benefidary:
I
(a)
any
Change In
or
to
any part
of
the
Infrastructure (including Its layout.
configuration
or
condition)
wh
ich
is
likely materially to affect the
operation of:
(I) the Infrastructure;
or
(
11
) trains operated
by
,
or
anticipated
as
being
ope
rated In
accordance with the
terms
of
any
access option.
by
or
on
behalf
of
that Access Beneficiary
on
the Infrastructure;
or
any
Change
to the operation
of
the
Infrastructure (being a
Cha
nge
which
does
not fall within paragraph (a)
above)
which:
(I) Is likely materially
to
affect
the
operation
of
trains operated
by
,
or
anticipated
as
being operated
in
accordance
wit
h the
terms
of
any access option,
by
or
on
behalf
of
that Access
Ben~flfla
_
ry
~_!!le
i_!1fr!lst!}J~ure
;
a
nd
Heol
hr
ow
Networi:
Cod
e I Page
Part
G:
HAL
Network
Change
"Preparatory Works"
"Relevant Cos
ts
"
"Relevant Response Date•
"Short Term HAL Network
Change"
"Sponsor"
c Hea1tlrow Airport Umlte
65
(H)
has
lasted
or
is
li
lcety
to
last
for
more
th
an
six
mon
th
s.
including
(A) a temporary speed restriction;
(B) a material Change to the location
of
any
of
the
speclned
points referred to in Condition B 1.1.1
(a
);
or
(C) a Change to
the
Method
of
Delivery
of
any
operational documentation (other than Railway
Group
standards
) owned
or
used by an Access
Party;
or
(D)
any
material variation
to
an Established HAL
Nel'w'or1<
Change, other than an Authorised
I Variation,
; but
does
not include a closure (
as
defined In the Railways Act 2005)
I
means testing. trials. pilot activities. surveys and all other activities reasonably
, necessary to develop the proposed HAL Network Change;
] means,
In
respect
of
any HAL
Nel'w'or1<
Change Implemented in accordance
I with Condition G6:
(a) in respect
of
HAL.
all costs, direct losses and expenses (including
loss
of
revenue and liabilities to other Access Beneficiaries
but
excluding liabilities under any Access Beneficiary's Access
Agreement
as
a consequence
of
any
Restriction
of
Use
In
connection
with the Implementation
of
that HAL Network Change) Incurred
by
HAL
as
a consequence
of
the Implementation of that HAL
Nel'w'or1<
Change;
(b
) In respect
of
any Access Beneficiary, the amounts which would
otherwise be due under
that
Access Beneficiary's Access Agreement
as
a consequence
of
any
Restriction
of
Use
In
connection with the
implementation
of
that HAL Network Change;
means:
(a) In relation to a proposal for a HAL Network Change under Condition
G1
,
the
later
of
such dates
as
are reasonably specified by HAL under
Condition G1.2(a) and Condition
G1
.3.2 as the date on
or
before
which
an
Access Beneficiary Is to give notice
of
Its response to that
proposal under Condition
G2
.1, having regard to:
(f)
the size and complexity
of
the Change; and
(li)
the
likely Impact
of
the Change on the Access Beneficiary,
and which shall not be less than 30 days from the date on which the
notice
of
the
proposal
for
Change Is given; and
(b) In relation
to
a proposal for a HAL Network Change under Condition
G3,
the
later
of
such dates as are reasonab
ly
specified
by
HAL under
ConditionG3.
3.1
(c)(i) and Condition G3.4.3
as
the date on or before
which it Is
to
give notice
of
its response to that proposal under
Condition G4.1, having regard to:
(I)
the
size
and complexity
of
the Change; and
(li)
the
likely Impact
of
the
Ch
ange on Access Beneficiaries.
and which shall not be:
(A) less than 60 days;
or
(B) unless HAL and the Sponsor agree otherwise
In
writing,
more than 90 days.
from the date on which HAL's notice under Condition G3.3.1(c) Is
given;
means a HAL Network Change which H
AL
specifies
as
such
In
any
proposai
~
made under Condition G
1.
being a HAL Network Change which Involves only a 1
temporary reduction In
the
capability
of
the Infrastructure for a defined period
of
;
time during which there Is
no
reasonable expectation
of
a requirement for the I
capability being temporarily withdrawn;
means,
In
relation to a proposal for a
HAL
Network Change under Condition
G3.1 . the Access Beneficiary which has made the proposal;
Heothrow Nefwor\(
Code
I
Page
Part
G:
HAL
Network
Change
·variation"
-
-------
----
-----
"Variation Procedure·
c Heathrow
Airport
1Jn1t
ed
20
15
66
'
! means
any
modification to the terms
or
conditions (Including
as
to
the
' specification
of
the works to
be
done, their timing, the manner
of
their
I Implementation, the costs to
be
Incurred and their sharing, and the
di
vision
of
i risk) on which an established HAL Network Change Is to
be
carried
out
, and
"v
aried" and any other cognate words shall
be
construed accord_I!'Qiy;
~~
--
: means.
In
relation to an established HAL Network Change, a procedure which:
: (a ) forms part
of
the terms and conditions on which the HAL Network
Change Is established; and
(b) provides for the Established HAL Network Change itself to
be
varied
after
it
has been first established.
Heothrow
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Part
G:
HAL
Network
Change
Condition
GA
: Faci
li
tation
of
HAL network change
A 1 Obligation to facilitate HAL Network Change
HAL
shall
take
all reasonable
steps
to
facilitate
the
development, esta
blishment
and
implementation
of
any
proposal
for
HAL
Network
Change
.
A2 Limit
of
obligation
Condition
GA
1
does
not
oblige
HAL
to
do
anything which
it
is
not
req
ui
red
to
do
under
its
network
licence.
A3 Facilitation
The
obligation of
HAL
under
Cond
ition
GA
1 includes:
(i)
the
provisi
on
to
an
Access Beneficiary
of
such
information concerni
ng
the
condition, capacity
and/or
capab
ility
of
the
infrastructure as that
Access
Beneficiary
ma
y reasonably request in
connection
with
the
development
of
a proposal
for
HAL
Ne
twork
Change
(
whether
the proposal
is
made
by
that
Access Beneficiary or
another
person);
(a) the publication
on
its w
ebsite
(sub
ject
to
Cond
it
i
on
A3
of
the
HAL
Network
Code
)
of
:
(i
)
every
proposal
for
HAL
Netw
ork
Change
made
by
HAL
under
Condition G 1.1
or
by
an
Access
Benefici
ary
under
Cond
ition G3.1 ;
(ii)
every
response
to a proposal
for
HAL
Network
Change
made
by
an
Access
Beneficiary
under
Condition G2.1
or
by
HAL
under
Condition G4.
1;
(
iii
)
the
determinations of
matters
which
have
been
referred
for
determination in accordance
with
the
ADRR
under
Condition
G8
.1
and
whi
ch
fall to
be
publi
shed
in accordance
with
the
ADRR
;
(iv) every Authorised Variati
on
;
(v) standard f
orms
, produced
after
consulta
tion
with
every
other
Access
Party
and
appr
oved
by
the
ORR
,
for
the
notifica
ti
on
under
this
Part
G of proposals
for
HAL
Network
Change
,
and
of
r
espon
ses
to such proposals, which:
(A
)
may
i
nclude
different
forms
for
diffe
rent
types of
HAL
Network
Ch
ange
having
regard to
the
size
, complexity and
va
l
ue
of
the
Change
in question;
and
(B) shall
be
used
by
any
person
notifying
or
responding
to
a proposal
for
HAL
Network C
hange
under
this P
art
G, unless
it
is
not
reasonably practicable f
or
it
to
do
so
;
and
(v
i)
model
terms
and
conditions, produced after consultation
with
every
other
Access Party
by
way
of
supplement
to
the terms
of
this
Part
G
and
on
which
HAL
is prepared
to
contract
for
or
in
connection with the implementation
of
a
HA
L
Networ1<
Change
which:
(A
) shall provide appropriate
and
proportionate forms
of
contract
for
different
types
of
HAL
Network
C
hange
having
regard
to
the
size, complexity
and
value
of
the
Change
in question;
(B)
may
include Variation
Procedures
;
and
(C) shall,
so
far
as
reasonably practicable, form
the
basis
of
any
terms
and
conditions relating
to
the
implementation
of
a
HAL
Netwo
rk
Change
which
are
proposed
by
HAL
under
Cond
i
tion
G1 or
by
an
Access
Beneficiary
under
Conditi
on
G3
;
(b)
the
provision
of
a preliminary
response
to
a proposal
for
H
AL
Network
Ch
ange
by
an
Access
Beneficiary
under
Cond
it
i
on
G3.4
;
(c
) such consultation before a
notice
of
a
propo
sal
for
a
HAL
Network
Change
is submitted
by
an
Access
Beneficiary as
ma
y reasonably
be
expected to enable that
Access
Beneficiary
to
assess
the
feasibility
and
aff
ord
ability
of
the
propo
sed
Change; and
c Heatnrow
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Part
G:
HAL
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Change
(d) such consultation with
the
persons specified
in
Cond
ition G 1.1(a) and G3.1. 1(b)
befo
re
a notice
of
a
proposal
for
a
HAL
Networl(
Change
is
given
by
HAL
or
submitted by an Access Beneficia
ry
as
:
(i)
HAL
considers reasonably n
ecessa
ry
; and
(ii) any person specified
in
Cond
ition G1.
1(a)
and G3 .1.1(b) may reasonably request,
to enable the proposal
to
be
developed
in
an
efficie
nt
and
economical manner.
Condition G 1: HAL Network change proposal by HAL
1
.1
No
ti
ce
of
proposal
Subject to
Cond
itions G
1.
9 and G 1.10,
if
HAL
wi
shes to
mak
e a
HAL
Networl( Ch
ange
, it sha
l:
(a) give notice
of
its proposal for
HAL
Networi<
Chan
ge
to
:
(i)
each
Access Bene
fi
c
iary
that
may
be
a
ff
ect
ed
by the
im
ple
me
ntation
of
th
e proposed
HAL
Ne
tw
ori<
Change;
(ii)
Secr
etary
of
State, the ORR;
an
d
(iii) Transport for London
by
the
implementation
of
the proposed
HAL
Netw
ork
Ch
ange
; and
(b) without
delay
publish
on
its w
eb
si
te
a su m
ma
.
ry
of its proposal f
or
HAL
Ne
tw
ori<
C
hange
.
1.
2 Content of notice
of
proposed
HAL
Network Change
A notice of a proposed
HAL
Networl(
Change
g
iv
en
by
HAL
u
nder
Condition G1. 1 shall:
(a) state the Relevant Re
spon
se Date
and
the obliga
ti
on
s of A ccess Parties
(b) indicate
whether
the proposed
HAL
Networl(
Change
is a Short
Te
rm H
AL
Networl(
Change
;
(c) invite
the
persons specified in
Cond
iti
on
G1.1(aXii)-(iii} to submit commen
ts
by
the
Relevant
Response Date;
(d) contain:
(i) the reasons
why
it is proposed
to
make
the
Change, includi
ng
the
effects it is intended
or
may
rea
sona
bly
be
expected
to
ha
ve
on
the
operat
ion
of
the infras
tr
ucture
or
on
trains operated
on
the
in
fra
struct
ur
e;
(ii) a specification of
the
works to be
done
(indudi
ng
a plan showing where the
work
is to
be
done
and
the
parts
of
the infrastructure
and
associated railway assets likely to
be
affected);
(iii)
the
proposed times within which
the
woriare to
be
done
and
when
they
are
intended or
ma
y
re
asonably
be
expected to
be
begun
and
completed;
(iv)
HAL
's proposals (if any)
for
the
division
of
the
costs
of
carrying out
the
C
ha
n
ge
, including any
proposals
in
relation
to
the calculation
or
payme
nt
of
compen
sat
i
on
to
Acces
s Be neficiarie s in
respect of the
Cha
n
ge
;
(v) in the
case
of
a Short Term H
AL
Ne
tw
ori<
Change:
(A)
HAL
's proposals
as
to
the
Effective Da
te
;
(B)
HAL
's proposals
as
to
the
Expiry Date;
(C)
the
estimated timescale in which t
he
Cha
ng
e
cou
ld reasonab
ly
be
reversed
if
so
requested
by
an
Access BenefiCiary based
on
it
s r
ea
sonable expectations
as
to future
use
of
the
infrastructu
re
; and
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HAL
Network
Change
(0)
the
capabil
ity
of
the
relevant section
of
the
infrastructure before
the
proposed
Short
Tenn
HAL
Netwoft(
Change
(
and
any
Short
Term
HAL
Network
Change
which
it
succeeds)
and
the proposed reduction
to
that capability;
(
vi)
any
additional
tenns
and
conditions which
HAL
proposes
should
apply
to
the
Change, including
a
ny
proposed Variation Procedure;
(vii)
the
results
of
any
consultation Ul'ldeltaken in accordance with Condition
GS
;
and
(viii)
the
r
esu
lts
of
any
Preparatory
Works
undertaken
in
accordance
with Condition
G6
;
and
(e)
be
prepa
red
to
a standard,
and
in such detail,
as
is
reasonably
necessary
, having
due
regard to the
level
of
knowledge
and
expertise reasonably
to
be
expected
of
the
persons specified in Condition
G 1
.1
(
a)
,
to
enab
le
any
such person
to
assess
the
likely effect
of
the
pr
oposed
C
hange
on
its
business
and
its
performance
of
any
obligations
or
th
e
exercise
of
any
discretions which
it
has
in
relation
to
railway services.
1.3 Consultation
1.
3.1
HAL
shall, after giving notice
of
any
proposal
for
HAL
Network
Change
under Condition G 1.1, consu
lt
with
each
operator
of
railway assets likely
to
be
materially affected
by
the
proposed Change
to
the
extent
reasonably necessary
so
as
properly
to
inform
that
operator
of
the
Change
and
to
enable
that
operator
to
assess
th
e consequences
for
it
of the
proposed
Change.
1.3
.2 After consultation
under
this Condition G 1 .3,
HAL
may
notify a
later
Relevant Response Date
to
the
persons
to
whom
the notice
of
proposal
for
HAL
Network
Change
was
given.
1.4 Obligations on Access Beneficiaries to facilitate HAL Network Change
1
.4
.1
Excep
t in
the
circumstances
and
to
the
extent specified
in
Condition G1.4.2,
an
Access Beneficiary
shall,
when
consulted
by
HAL
under
Condition G1 .3,
take
all
reasonable
steps
to
comply
with
any
written request
of
HAL
to
provide
HAL
, within a reasonable
period
of
time
and
at
no
cost
to
HAL
, with:
(
a)
a preliminary estimate
of
those costs,
losses
and
expenses
referred
to
in
Condition
G2
.2;
or
(b) a preliminary written response
in
respect
of
the
proposed
HAL
Network Change, which shall:
(i)
be
bi
nd
ing
on
the Access Beneficiary,
unless
the
Access
Be
neficiary indi
ca
t
es
othe
rwise; and
(ii) if
it
is
negative, include r
easo
ns.
1.4.2
An
Access Beneficiary shall
not
be
ob
liged
to
compl
y
with
a
reques
t
from
HAL
un
der
Cond
ition G1.4.1:
(a) u nless:
(i)
the
Rel
evant
Response
Date
is
60
or
more
days
after
the
date
on
which the proposal
for
HAL
Ne
tw
ork
Change
was
given
;
and
(ii)
the
request is
made
at
the
same
time
as
HA
L
giv
es its notice
under
Conditi
on
G1.1;
or
(b) to
the
extent
that
the
Acce
ss Benefi
cia
ry
is
unable
to
com
ply
with
such
a request, h
av
i
ng
regard to
the information reasonably available to it.
1.5
Re
imbursement
of
costs
Sub
ject
to
Conditions G1.4
and
G2
,
each
Access Beneficiary shall be
ent
itled
to
reimbursement
by
HAL
of
75
%
of
all costs incurred
by
that Access Beneficiary in assessing
any
HAL
Ne
tw
ork
Ch
an
ge
proposed
by
HAL.
Those
costs shall be
the
m
inimum
reasonably
necessary
for
that
Access
Beneficiary
to
carry
out
that assessment.
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1.6 Further information regard ing costs
Each Access Bene1iciary sha
ll
,
upon
request from
HAL
fr
om
time to time, pro
vi
de
HA
L
wi
th written
es
timates of ttte costs
of
assessing a proposal
fo
r
HAL
Network Change proposed
by
HAL (as referred
to
in
Condition G1.5) including
est
imated costings
of
ttte work to
be
carried
ou
t and shall:
(a)
be
entitled
to
require reasonable assurances
of
payment in respect of
an
y
mat
erial work
to
be
carried out for the purposes of that evaluatio n before commencing such w ork; and
(b) upon request
fr
om
HA
L
fr
om time
to
ti
me
, provi
de
HA
L with such informati
on
as
may
be
reasonably
necessa
ry
to
enable
HA
L
to
assess the reasonablene
ss
of
any estimate.
1.
7 Accuracy of estimates
Each Access Beneficiary shall ensure t
hat
an
y estimates given by it are,
so
far
as
reasonably
practicable, accurate
on
the
basis
of
the
information reasonably available to it.
1.8 Obligati
on
to incur no further costs
An
Access Beneficia
ry
shall,
if
requested by
HA
L
at
any time, incur no further costs (except any costs
which can
not
reasonably be avoided)
in
respect
of
any proposal f
or
HA
L Ne
tw
ork Change made
by
HAL.
1
.9
Changes to the op
era
ti
on
of the HAL infrastructure
In
the
case of a
HA
L Ne
tw
ork Change within the meaning
of
paragra
ph
(b) of that t
erm
's
de
finition,
HAL
may
commence implementing
the
procedure set out in this Part G and shall, upon
not
ice
be
ing given
by
the
relevant Access Beneficiary to
HAL
at
any time after the expiry of the r
ele
vant period, promptly
commence
im
plementing and thereafter comply with that procedure
as
if that Change were a HAL
Network Change proposed by HAL.
1.10 HAL Network Change for safety reasons
To
the
extent that a
HAL
Ne
tw
o
rk
Change within the meaning
of
paragraph (a) of that term's definition
is required
to
be
made by
HAL
for
sa
fety reaso
ns
,
HA
L shall not
be
obliged to implement the procedure
set out in this Part G in relation
to
that Change until the Change has
las
ted for three months. Upon
ex
piry
of
the relevant
pe
riod,
HAL
shall promptly commence implementing and thereafter comply with
the
procedure set out in this Part G
as
if
the relevant HAL Ne
tw
ork C
ha
nge were a
HAL
Network
Change
pr
oposed by HAL.
Condition G2: Response
by
access beneficiary to HAL network change
proposal
2.1
Obligation to give noti
ce
of
response
2. 1.1
The
Access Beneficiary shall g
iv
e notice
to
HAL
if
it considers that:
(a)
one
or more of the follo
wi
ng
conditio
ns
has
be
en satisfied:
(i) the implementation
of
the proposed Change would necessarily result in H AL breaching an
access contract
to
which that Acce
ss
Be
neficiary is a party;
(ii) HAL
has
failed, in respect
of
the proposed Change,
to
provide sufficient particulars
to
that
Access Beneficiary
under
Condition G 1.2;
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(iii)
the
implementation
of
the
proposed Change w
ou
ld result
in
a material deterioration in
the
performance
of
that
Access Beneficiary's trains wtlich cannot adequately
be
compensated
under
this Condition
G2
or
(where
that
Access Benefici8l)' is a Train Operator) in respect
of
a
Restriction
of
Use
in
connection with
the
implementation
of
the
proposed Change under
that
Train
Opera
tor's Access
Agreement
; or
(
iv
)
the
proposed
Change
does
not
adequately take account
of
the
reasonable expectations
of
the
Access Beneficiary
as
to
the
future
use
of
the relevant part
of
the
HAL
infrastructure; and/or
(b) it
shou
ld
be
entitled
to
compensation
from
HAL
for
the
consequences
of
the
implementation
of
the
Change
either:
(i)
in
accordance with compensation terms proposed
under
Condition G 1;
or
(ii) on t
erms
other than
those
proposed
(if
any
) under Conditi
on
G
1.
2.
1.2 Any notice
of
the kind referred
to
in Condition G2.1.1 (a) above shall include
the
reasons f
or
the
Access
Bene
ficiary's opinion.
Any
notice
of
the ki
nd
mentioned in Condition G2.1.1 (b Xii) above shall include the
reasons
wtly
the
Access
Be
neficiary considers that a
ny
compensation
terms
proposed under
Co
ndition
G 1
are
inappropriate and shall
de
ta
W:
(a)
the
amount
of
com
pensation required and
the
methodology used
to
calculate
the
amount of
compensation required;
or
(b)
if
the Access Beneficiary
is
not reasonably able to provide details o f
the
amount
of
compensation
required,
the
methodology to
be
used
to
ca
lculate the amount
of
compensati
on
required; and in
eith
er
case
(c) the
means
by
wtli
ch
the
compensation should
be
paid, i
nc
l
ud
ing
any
security
or
other assurances
of
pa
yment
wtl
ich HAL should provide.
The notice referred
to
above
sha
ll contain such
de
tail
as
is reasonable to enable HAL
to
assess
the
merits
of
the Access Beneficiary's decisi
on
.
2.2 Amount
of
compensation
Subject
to
Condition G2.3
and
Condition G2.4.1,
the
amount
of
the
compensati
on
referred
to
in
Condition G2.1 shall
be
an
amount
equa
l
to
the
amo
unt
of
the
costs, direct losses an d expenses
(
in
duding loss
of
revenue)
wtlich
are
reasonably incurred
or
can reasonably
be
expected
to
be incurred
by the Access Beneficiary
as
a consequence
of
the implementation
of
the
proposed Change.
2.3 Benefrts to be taken into account
2.3.1 There shall
be
taken into account in determining the amou
nt
of compensation referred
to
in Cond ition
G2
.2:
(a) subject to Conditi
on
G2.4.2 ,
th
e benefit
(if
any
) to
be
obtain
ed
or likely in
the
future to
be
obtain
ed
by
the
Access Beneficiary
as
a consequence of
the
propo
sed
HAL
Network Change; and
(b)
the
ability
or
likely future ability
of
the
Access Beneficiary t o recoup
any
co
sts, losses and expenses
from third parties i
nduding
passengers and customers.
2.4 R
es
trictions
of
Use
2.4.1 The amount
of
the compensation referred to in Condition G2.2
sha
ll exclude the
am
o
unt
of the
co
sts,
direct losses and expenses (including loss
of
revenue) which
are
reasonably incurred
or
can reasonably
be
expected
to
be incurred
by
the Train Operator
as
a consequen
ce
of
any
Restriction of Use in
connecti
on
with the implem
enta
tion of the propose d Change.
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2.4
.2
The
benefits ta
ken
into accooot in
de
termining
the
amount
of
the compensation for
the
proposed
Change under Condition
G2
.3 shall
exdude
the
benefit (if any) to
be
obtained
or
likely in
the
future to
be obtained
by
the Train Operator as a consequence of
any
Restriction
of
Use in conn
ect
ion with
the
implementation
of
the
proposed Change
(with
that
exdusion
induding
any
compensation payable to
that Train Operator in res pect
of
that Restriction
of
Use
un
der
its Acce
ss
Agreement).
Condition G3: HAL Network change proposal
by
access beneficiary
3
.1
Notice of proposal
3.1
.1
An Access Beneficiary
shal
,
if
it
wi
shes
HAL
to
make a
HAL
Network Change:
(a) submit
to
HAL a proposal for such Change; and
(b) permit HAL to consult with:
(i) each A
cce
ss Beneficiary
th
at
may
be
affected
by
the implementation
of
the proposed
HAL
Network Change;
(ii) Secretary
of
State,
the
ORR; and
(iii) Transport for London
if
it may be affected,
by
the
implementation
of
the proposed
HAL
Network
Chan
ge
,
to
the
extent provided for under Condition
G3
.3.1(b), subject
to
such
requirements
as
to confidentiality
as
a
re
reasonabl
e.
3.2
Co
ntent of Sponsor's notice
of
proposal
3.2
.1
A notice
of
a proposed
HAL
Network Change given
by
th
e
Spo
nsor under Condition G3.1 shall:
(a) contain:
(i) the reasons
why
it is proposed
to
make
the
Change, including
the
effects it is intended
or
expect
ed
to
have
on
the
operation
of
the
HAL
infrastructure
or
on
trains operated
on
the
HAL
infrastructure;
(ii) a spec ifi
cat
ion
of
the
works
to
be
done (including a plan
or
pl
ans
showing
wher
e the
work
is to
be done and
the
parts
of
the
HAL
infrastructure
and
associated ra
ilw
ay
assets lik
ely
to
be
affected
);
(iii) the proposed times within which
the
works are
to
be
done and when
they
are
int
ended
or
expected
to
be
begun and completed;
(iv) the Sponsor's proposals
(if
any) for
the
divisi
on
of
the
cos
ts of carry
ing
out
the Change
including any proposals in relation to
th
e calculatio n
or
payment
of
compensati
on
to
HAL
or
any
Access Beneficiary in respect
of
the Change; and
(v) the additional terms and conditions (if
any
) which
the
Sponsor proposes should apply
to
the
Change, including
any
Variation Procedure; and
(b)
be
prepared
to
a standard, and in such detail, as is reasonab
ly
necessary, having
due
regard
to
the
level
of
knowledge
and
expertise reasonably
to
be
expected
of
the persons specified in Condition
G3.1 (b), to enable:
(i) HAL;
an
d
(ii) any person specified in Conditi
on
G3
.1(b
),
to
assess
the
likely
eff
ect
of
the proposed Change
on
its business and its performance of
any
obligations or exercise
of
any discretions which it
has
in relati
on
to railway services.
c Heathrow Airport
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Part
G:
HAL
Network
Change
3.3 Evaluation
of
proposal
and
consultation
3.3.1
If
HAL receives a proposal
for
HAL
Networi<
Change
under
Condition G3.1, it shall:
(a) evaluate and di
scuss
the proposal for Change with the Sponsor
for
such period
as
is reasonable
having
due
regard
to
the
likely
impa
ct
of
the
proposed
HAL
Network
Change
on
either
or
both
of
HAl
and
other
opera
t
ors
of
trains;
(b) consult with each person specified in Condition G3.1 (b) likely to
be
materially affected
by
the
proposed
Change
to
the
exten
t reasonably necessary
so
as properly
to
inform
them
of
the
Change
and
to
enable them t o assess the consequences
for
them
of
the
Change; and
(c) for
th
e purpose
of
the
consultation
under
Condition
G3
.3.1(b
),
within 30
days
of
the
date
on
which
the
Sponsor
's notice
under
Condition
G3
.1
was
g
iven
, g
iv
e a notice
to
the
persons specified in
Cond
ition
G3
.1 (b), with a
copy
to
the
Sponsor, inviting them
to
submit comments
by
the
Relevant
Response
Date
and
stating:
(i)
the
Relevant Response Date
and
the
obligations
of
Access Parties
under
Conditions
G3
and
G4
;
(ii)
the
reasons given
by
th
e Sponsor
under
Conditi
on
G3
.
2(a
)(i) f
or
proposi
ng
to
make
the
Chan
ge
;
(iii)
HAL's
est
i
mate
of
the lik
ely
impact of
th
e Change
on
the
operation
and
perfor
mance
of
the
infrastructure; and
(iv)
HAL
's
own
proposals
as
to
:
(A)
the
arrangements for, and
any
proposed terms
app
licable to,
the
implementation
of
the
Cha
n
ge
;
(B)
the
specification of the works
to
be
done
(including a plan
or
plans showing
where
the
work
is
to
be
done
and t
he
parts
of
the infrastructure
and
associated railway assets likely to
be
affected);
(C)
the
ti
mes
within
wh
i
ch
the works
are
to
be
done
and
when
they
are
intended
or
expected
to
be
begun
and
completed;
(D)
the
division
of
the
costs
of
carrying
out
the
Change, includ
in
g
any
proposals in relation
to
the
ca
lculation
or
payment
of
com
pensation
to
Access Beneficiaries in respect
of
the
Change
;
and
(E)
any
additional terms and conditi
ons
which should
apply
to
the
Change, including
any
proposed
Va
riation Procedure.
3.3.2 In preparing a
notice
under Condition G3.3.1 (c),
HA
L:
(a} shall
comp
ly with
the
standard specified in Condition
G3
.2(b);
and
(b)
in
respect
of
each
of
the
matters specified in Condition
G3
.3.1(c)(iv):
(i)shall
have
regard
to
any
relevant statements
and
proposals contained in
the
Sponsor's noti
ce
under Condition
G3
.1;
(ii)shall
give
reasons for
any
differences between those statements and proposals and its own
proposals
under
Condition
G3.3
.1(c)(iv); and
(iii)
may
annex
to
its notice
any
proposal contained in
the
Sponsor's
notice
under Condition
G3.1 with which it agrees, stating
its
agreement, and,
where
appropriate, that it has
no
proposals
of
its
own
on
the
matter concerned.
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HAL
Network
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3.4
Facilitati
on
of
HAL
Network Change by
HAL
3.4.1 Except in the circumstances and to the extent specjfted in Condition G3.4.2, HAL shall, when consulted
by the Sponsor, take a
ll
reasonable steps to
comp4
y with any writt
en
request
of
the
Sponsor to provide
the Sponsor, within a reasonable period
of
time, and
at
no
cost to
the
Sponsor, with:
(a) a preliminary estimate
of
those costs, losses and expenses referred to in Condition G4.2 which may
be incurred
by
HAL; and/or
(b) a preliminary writt
en
response
in
respect
of
the proposed HAL
Net.YorX
Change, which shall:
(i) be binding
on
HAL, unless HAL indicates otherwise; and
(ii)
if it
is negative, include reasons.
3.4.2 HAL shall not be obliged to comply
with
a request from the Sponsor under Condition G3.4.1:
(a) unless:
(i) the Relevant Response Date
is
90
or
more
days
after the date on which HAL's notice under
Condition G3.3.1(c) was given; and
(ii) the request is made
wit
hin 7
da
ys
of
the Sponsor receiving HAL's notice under Condition
G3.3.1(c); or
(b) to the exte
nt
that
HA
L is unable to comp
ly
with such a request, having regard to
the
information
reasonably available
to
it.
3.4.3 After consultation with the Sponsor and under Condition G3.
3.1
(b), HAL may notify a later Relevant
Response Date to
the
Sponsor and the persons to whom
it
ga
ve its notice under Condition G3.3.1(c
).
3.5
Re
im
bursement
of
costs
Subject to Conditions
G3
.4 and G4, HAL shall be entitled to reimbursement by the Sponsor
of
75
%
of
all costs incurred by HAL in assessing any HAL Net\YorX Change proposed
by
the Sponsor. Those
costs shall
be
the minim
um
reasonably necessa
ry
for HAL to carry out that assessment.
3.6 Provision of estimate of costs by
HAL
3.6.1 HAL shall, upon request from the Sponsor from ti
me
to time, provide
the
Sponsor with written estimates
of the costs of assessing a proposal for HAL Ne
tw
ork Change submitted
by
the
Sponsor (as referred
to
in Condition G3.5) including estimated costings
of
the
work to
be
carried out and shall:
(a)
be
entitled to require reasonable assurances
of
payment in respect
of
any material
wo
rk to be
carried
out
for the purposes
of
that assessment before commencing such work; and
(b) upon request from the Sponsor from time to time provi
de
the
Sponsor
or
its agent.s
wi
th such
information as may be reasonably necessary to enable the Sponsor
to
asse
ss
the reasonableness
of
any estimate.
3. 7 Accuracy of es
tim
ates
HAL shall ensure that any estimates giv
en
by it are, so
far
as
reasonably practicable, accurate on the
basis of the information reasonably available to it.
3.8
Obligation
to
incur no further costs
HAL shall,
if
requested
by
the Sponsor at any time, incur no further costs (except any costs that cannot
reasonably be avoided) in respect
of
any proposal for HAL Ne
tw
ork Change made
by
the Sponsor.
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HAL
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3.9 Relationship with Vehicle Change
If
the
i
mp
lementation
of
a
HA
L Networt< Ch
ange
proposed
by
the
Spo
nsor
also requires
the
implementation
of
a
Vehide
C
hange
in respect
of
the
trains operated by the Sponsor, the Sponsor shall
follow
the
procedures and satisfy the requirements
of
both this
Part
G and Part F and the requirement
for a Vehicle
Change
shall
not
preclude
the
right
of
the
Spo
nsor
to follow
the
procedure in
th
is
Part
G
f
or
a
HAL
Network
Change
or
vice versa.
Condition G4: Response by HAL to
HAL
Network Change Proposal
4.1
Obligation to give notice
of
response
4.1.1
HAL
shall
give
notice
to
the
Sponsor if:
(a) it considers that one
or
more
of
the following conditions
has
been satisfied:
(i)
the
implementation
of
the
proposed
Change
would
necessarily result
in
HA
L breaching any
access
co
ntract (other than an access contract
to
whi
ch
the
Sponsor
is
a party);
(ii)
the
Sponsor
has
failed in a material respect to
comply
wi
th
its
ob
ligations under Condition
G3
.2
provided that
HA
L shall first have given
the
Sponsor
a reasonable opportuni
ty
to
remedy that
failure;
(iii)
the
implementation
of
the proposed Change
would
result in a material adverse effect on the
maintenance
or
operation
of
the
infrastructure
or
the
ope
ration
of
any
train
on
the
HAL
infrastructure which
in
any
such case cannot adequately
be
compensated under this Condition
G4
or
in
respect
of
a Restriction
of
Use
in
connection with
the
implementation of the proposed
C
hange
under the relevant Train Operator's
Access
Agreement;
or
(iv}
the
proposed C
hange
does
not
adequately
take
account
of
the reasonable expectations of
an
Access
Party
(other than
the
Spo
nsor
)
as
to
the
future
use
of
the relevant part
of
the
HAL
infrastructure;
(b)
any
Access Benefic.iary shall
have
given notice
to
HAL
that
it considers that
any
of the conditions
specified in paragraph (
a)
above has
been
satisfied;
(c) it considers
that
it
should
be
entitled
to
compensati
on
from
the
Sponsor f
or
the consequences of
the
i
mp
lementation
of
the
C
hange
either:
(i) in accordance with compensation terms
proposed
under
Cond
it
i
on
G3
;
or
(ii)
on
terms
othe
r than those proposed (if
any
} under
Co
ndition
G3
; and/or
(d)
any
Access Beneficiary shall
have
given notice
to
HAL
that it considers
that
it should be entitled to
compensation from the Sponsor
for
the
consequences
of
the
implementation
of
the Change either:
(i) in accordance with compensation terms proposed under Condition
G3
;
or
(ii}
on
terms
othe
r than those proposed (if
any
}
under
Condition
G3
.
4.1.2
Any noti
ce
of
the
kind referred
to
in Conditions
G4
.1. 1 (
a}
and (b} above shall include
the
reasons for
the
opin
ion
in question.
Any
notice of
the
kind mentioned
in
Conditi
ons
G4.1 .1(c}(ii} and (d)(ii) above shall
include the reasons
why
HAL
or
the
relevant Access Beneficiary consid
ers
that
any
compensation
terms proposed under Conditi
on
G3
are
inappropriate
and
shall detail:
(a) the amount
of
compensation required and
the
methodology used
to
calculate the amount
of
compensati
on
required;
or
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(b)
if
HAL or the relev
an
t Access Beneficiary is not reasonably able
to
provide detai
ls
of
the amount of
compensation requ
ir
ed
, the methodol
ogy
to
be
used to calculate the amount
of
compensation
required; and in either case
(c) the means
by
which the compensation should be paid, including any securi
ty
or oth
er
assurances
of
payment which
the
Sponsor shou
ld
provide.
The notice referred
to
above sha
ll
contain such detail
as
is reasonable
to
enable the Sponsor to assess
the
me
ri
ts of HAL or
the
releva
nt
Access
Be
neficiary's decisi
on
.
4.2 Amount of
com
pensa
ti
on
Subject to Condition G4.3, the aggregate
of
the
a
mo
unt
of the compensation refe
rr
ed
to in Cond
it
ion
G4.1 shall be:
(a) subject to Condition G4
.4.1
an amou
nt
equal to the amount of the costs, direct losses and
expenses (including loss
of
revenue) which are reasonably i
nc
urred
or
can reasonably be expected
to
be
incurred by H
AL
or
the
relevant Access Beneficiary in question as a consequence
of
the
implementation of
the
proposed Change other than any such costs, losses
or
expenses which are
attributable to the Sponsor improving its ability to compete
wi
th other operators
of
railway assets;
and
(b) an amount equal
to
the
amount
of
costs, direct losses
or
expenses (including loss of revenue)
which are reasonably incurred
or
can reasonably
be
expected to be incurred by HAL as
consequence
of
implementing a
HA
L Ne
tworl<
Change including
the
recovery
of
any payments
made
by
HAL
to
the releva
nt
Tr
ain
Ope
rat
or
under that Train Operator's Access Agreement
for
the
relevant Restriction(s)
of
Use.
4.3 Benefits to
be
take
n into accou
nt
There shall be taken into accou
nt
in
de
termining
the
a
mo
unt of compensation
re
ferred to in Cond
it
ion
G4.2:
(a) subject to Condition G4 .4 .2
the
benefit (
if
any
) to be obtained or likely in the fut\Jre to be ob
ta
ined
by
HAL or the relevant Access Beneficiary as a consequence
of
the impl
eme
ntation
of
the proposed
Change; and
(b) the ability or likely future ability
of
HAL
or
the relevant Access Benefi
ci
ary to recoup a
ny
costs,
losses and expenses from
th
ird partie s including passengers and customers.
4.4 Restrictions
of
Use
4.4.1 The amount
of
the compensation referred to in Condition G4.2 shall in respect
of
any T
ra
in Operator
exclude the amount
of
the costs, direct losses
and
expenses (including loss of revenue) which are
reasonably incurred or can reasonab
ly
be
expected to
be
incu
rr
ed
by
that Train Operator as a
consequence
of
any Restriction
of
Use in connection with the implementation of the proposed Change.
4.4.2 The benefits taken into account in determining
the
amount
of
the compensation for the proposed
Change under Condition G4 .3 shall in respect
of
any Train Operator exclude the benefrt (if any) to
be
obtained
or
likely in the future to be
ob
tained
by
that Train Operator as a consequence
of
any
Restriction
of
Use in connection with the implementation of the proposed Change (with that exclusion
including a
ny
compensation payable to that Trai n Operator in respect of that Restriction of Use under its
Access Agreement
).
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HAL
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Condition
G5
: Short Term HAL Network Change
5.
1 Reversal
of
a Short Term H
AL
Network Change
5.1
.1
An
A
ccess
Bene
fi
ciary
ma
y
reques
t
in
writing
th
at
HAL
reverse
the
effect of a Short
Term
H
AL
N
etwork
C
han
ge
before its
Exp
iry
Da
te
if
the
effect of the Sho rt T
erm
HA
L Ne
twork
Cha
n
ge
woul
d
pre
v
ent
the
Ac
cess
Beneficiary us
ing
the
infrastructure in a
ma
n
ner
con
si
ste
nt
with the r
eason
able expectations of
that A
ccess
Be
ne
ficia
ry
as
to
the
future use
of
the rele vant
part
of
the
infrastructure.
5.
1.2
The
Access Beneficiary shall include with
any
notice requesting the reversal
of
the
effect
of
a
Short
Term
HA
L Ne
twork
Ch
ange
se
rv
ed
u
nde
r Condition G5. 1.1 evi
dence
to
support
the
A
ccess
Bene
ficia
ry
's
cla
im
of
r
easonab
le expectations
as
to
the
future
use
of
the
relevant part
of
the
HAL
infrastructure which requires that reversal.
5.1.3 The Access Beneficiary shall
pr
ovide
HAL
with s
uch
further information
as
HAL
may reasonably require
to
e
nable
HA
L to
assess
the
reasona
bl
eness
of
the
Access Bene
fi
ciary's request to rev
erse
th
e e
ff
ect
of
a
Short
Term
HAL
Ne
tw
ork
Ch
ange
.
5.1.4
Upon
recei
pt
of a
no
t
ice
to rev
erse
the effect
of
a Short
Term
HAl
Network
Change
serv
ed
under
Con
dition
G5.1.1, H
AL
shall:
(a) re
ve
rse the e
ff
e
ct
of
the
Sh
ort
Te
rm
HAL
Ne
tw
ork C
hange
at
its
own
co
st
by the l
at
er o f the
follo
wi
ng:
(i) the
ea
rli
er
of:
(
A)
the
es
timated timescale
fo
r
re
v
ersa
l set o
ut
in
the
no
ti
ce
of
pr
oposed
HAL
Ne
tw
ork
Chan
ge
se
rved
under
Cond
ition G1.1; a
nd
(B)
the
ti
mescale
withi
n
whi
ch
HAL
can
co
mplete
the
reversal without incurring
any
greater cost
th
an wo uld
ha
ve reasonably
been
incurred
by
HAL
had
the effect
of
the
Short
Term
HAL
Netw
ork Ch
ange
be
en reversed in accorda
nce
with
the
estimated
time
scale for r
ev
ersal set
out
in
the
no
ti
ce
of
proposed
HAL
Network
Change
served
under
Condition G 1.1;
or
(ii) the earliest
use
for
wh
ich the Access
Be
nefic
iary
can
demonstrate a reasonable expectation
as
to
fut
ure
use
;
or
(b) res
pond
to
the
Acce
ss Beneficiary in writing within
30
days stating that
HAL
does
not
be
lieve that
the
e
ff
ect
of
th
e Sh
ort
T
erm
HAL
Ne
tw
ork C
hange
is preventing
the
Access
Beneficiary
us
i
ng
the
HAL
infrastructure
in
accordance with
the
reasonable expectations
of
that Ac
cess
Be
ne
ficiary
as
to
the
future use
of
th
e
re
lev ant
part
of
t
he
HAL
infrastructure
and
giving reasons
for
its
decision.
HAL shall not
be
liable
to
any
Access
Beneficiary
if
and
to
the
extent
that
the
date
of
the
requested
reversal is
ea
rlier
than
the date
by
which
HAL
must
reverse
the
e
ffect
of
the
S
hort
Term
HA
L Network
C
ha
n
ge
as
calculated
under
Condition G5.1 .
4(a
).
5.2 Expiry
of
a Short Term HAL Network Change
5.2.1
HAL
shall restore
at
its
own
cos
t
any
part
of
the
HAL
in
fra
structure
which
has
bee
n subject to a Short
Term
HAL
Network
Change
to
its original capability as set
out
in
the
notice
of
pr
oposa
l
for
the
Short
T
erm
HAL
Networ1<
Change
by
the
Exp
iry
Date
unless
and
to the
extent
that:
(a) a
HA
L
Netw
o
r1<
Ch
ang
e
has
been
imp
l
emen
t
ed
in pl
ace
of
the
Short
Term
H
AL
Network
Change;
or
(b) a further Short
Te
rm H AL
Ne
tw
ork C
han
ge
h
as
been i
mp
le
me
n
ted
.
c Heathrow Airport Lm1ted 2015
71
Hea1twow
Ne1woric C
od
e I Page
Part
G:
HAL
Network
Change
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-----------
~
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----------
5.3 Notification
of
reversal
of
a Short Term HAL Network Change prior
to
the Expiry Date
HAL shall publish details
of
each Sh
ort
Term
HAL
Network Change whi
ch
is reversed prior
to
the
Expiry
Date.
Condition G6: Changes 1mposed by competent authorities
6.1
Whe
re
HAL is required (
other
than
at its ow n request
or
instigation)
to
implement a
HAL
Ne
tw
ork
Change
as
a result
of
an
y Change
of
Law
or
any
Directi
on
of
an
y Competent Authority
othe
r
than
the
ORR exercising
any
of
its functions
whi
ch do not fall
wi
thin
the
definition
of
'safety functions'
as
defined
in
section 4
of
th
e Act:
(a)
HAL
shall, except to
the
extent that the relevant Change
of
La
w or Direction otherwi
se
requires,
comply with Conditions G
1.1
and G 1.2 in respect
of
that
HAL
Network Change;
(b) each Access Beneficiary shall
mak
e such alterations (
if
an
y)
to
its
railway v
ehides
and its
Se
rvi
ces
as are reasonably necess81)'
to
accommodate that
HAL
Network Change and shall, except
to
the
extent that
the
relev
ant
Change of
Law
or
D
ir
ection otherwise requires, comply with Conditions
F2
.1,
F2
.2 and F2.3 (other than Conditi
on
F2.2(a)(vi)
);
(c) subject
to
Cond
ition
G9
(d)
, each Access Party shall bear its o
wn
costs
or
losses arising out
of
the
implementation
of
the HAL Ne
tw
ork
Cha
nge
or
the
consequences thereof;
(d) where HAL recovers compensation in respect
of
that
HAL
Network
Change
fr
om
a Competent
Authority
or
some other Governmental Body, it shall
pay
to
Access Beneficiaries:
(
i)
\-1/her
e
an
y compensation
pa
id
to
HAL in relation
to
that HAL Network Change
is
sufficient
to
cover the Relevant
Cos
ts of
th
e Access Beneficiary
and
of
HAL, the Relevant Costs
of
the
Access Beneficiary;
and
(
ii
) where such compensati
on
is
n
ot
so
sufficient,
such
proportion
of
that compensation
as
the
Access Beneficiary' s Relevant Costs bears
to
the
sum
of
HA
L's Relevant Costs
and
all
the
Access Beneficiary's Relevant Costs in respect
of
that
HAL
Network Change;
and
(e) HAL shall
use
reasonable
endea
v
ou
rs
to
negotia
te
wi
th the releva
nt
Competent Autho
ri
ty
or
Governmental Body (
as
applicable) a lev
el
of
compensation in respect
of
that HAL Network Change
which is sufficient to ensure
tha
t the Access Beneficiary receives compensati
on
f
or
all
of
its
Relevant Costs.
HAL
sh
all from
tim
e
to
time consult with
the
Access BenefiCiary and keep
the
Access
Bene
ficia
ry
informed in reasonable detail
of
the progress
of
such
negot
iations.
Condition G7: Establishment and implementation
7.1
Implementation
of
a HAL proposed HAL Network Change
7
.1 .1
HAL shall
be
entitled
to
implement a proposed
HAL
Network Change
it
(a) it has not received a notice
fr
om
any
Access Beneficiary under Condition
G2
.1
by the Relevant
Response Date;
or
(b) it has received notice
by
the
Relevant Response Date from an Access Beneficiary under Condition
G2
.1 (c) and either the a
mount
of
any compensati
on
referred to in Conditi
on
G2
.1
has
been agreed,
or
resolved,
or
the method
by
whi
ch
such compensation is to
be
calculat
ed
has been agreed
or
resolved under Conditi
on
GS;
and
(c) there is
no
other unresolv
ed
dispute under this Part G (whether under this Conditi
on
G10
or
othe
rw
ise)
as
regards
the
proposed Change between
HAL
and
any
affected Access Beneficiary.
c Healllrow Auport
lmlled
201
f>
78
H
eo
lhrow Network
Code
I
Page
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