Annex C (6)- HAL Network Code March 2016 Part 3
| Section | Transport for London appeal under regulation 29 and complaint under regulation 30 of the Railways Infrastructure (Access and Management) Regulations |
Part
G:
HAL
Network
Change
7.1.2
HAL
may
,
if
it
considers
it
expedient
to
do
so
in order
to
confirm whether
or
not Condition G7.1.1
has
been satisfied, issue a notice
to
all affected Access Beneficiaries
when
it
reasonably believes it is
entitled
to
implement a proposed
HAL
Networtc:
Change.
7 .1.3
HAL
's entitlement
to
implement a proposed
HAL
Network Change shall
be
treated
as
confirmed
21
days
after it
has
served a notice in respect
of
that
HAL
Network Change in accordance with Condition
G7
.1
.2 unless
it
receives notice from
an
Access Beneficiary within those
21
days disputing
HAL
's
entitlement to implement that proposed
HAL
Network Change
under
Condition
G7
.1.1 and giving full
particulars
of
its reasons.
7 .1.4 If
HAL
does
not
agree
with
the
contents
of
a notice served
by
an
affected Access Beneficiary in
accordance with Condition
G7
.1
.3,
HAL
may:
(a) refer the matter
fCX'
determination in accordance
with
the
ADRR
and Condition GS shall apply;
or
(b) withdraw the proposed
HAL
Networtc:
Change.
7.2 Implementation of a Sponsor proposed HAL Network Change
7.2.1 The Spon
so
r shall
be
entitled
to
instruct
HAL
to
implement a proposed
HAL
Network Change if:
(a)
HAL
has
not given notice under Condition G4.1
by
the Relevant Response Date; or
(b)
HAL
has
given notice
by
the
Relevant Response Date under
Co
ndition G4
.1
.1(c) and either the
am
o
unt
of any compensation referred
to
in Condition G4.1
has
been agreed,
or
resolved,
or
the
method
by
which such compensation is
to
be
calculated
has
been
agreed
or
resolved under
Condition GS; Of'
(c)
HAL
has
received notice from an Access Beneficiary
under
Condition G4.1.1(d) and either the
amount
of
any compensation referred
to
in Condition G4.1
has
been agreed,
or
resolved, Of'
the
method
by
which such compensation is
to
be
calculated
has
been
agreed Of' resolved under
Condition GS; and
(d) there
is
no
other unresolved dispute under this Part G (whether
under
this Condition G7
or
otherwise)
as
regards
the
proposed
Change
between the Sponsor
and
any Access Party.
7
.2
.2
The
Sponsor
may
,
if
it considers
it
expedient
to
do
so
in order
to
confirm whether
or
not Condition
G7
.2
.1
has been satisfied, instruct
HAL
to
issue a
not
i
ce
to all affected Access Beneficiaries when the
Sponsor reasonably believes
that
it is entitled
to
instruct HAL
to
implement a proposed HAL Network
Change and HAL shall then serve such a notice within 7 days
of
the
instruction.
7
.2
.3 The Sponsor's entitlement
to
instruct
HAL
to impleme
nt
a proposed
HAL
Network Change shall be
treated as confirmed 35
days
after
HAL
has
served a notice
in
respect
of
that
HAL
Netw
o
rk
Change in
accordance with Condition G7.2.2 unless:
(a)
HAL
gives notice to
the
S
ponsCX'
within 35 days disputing
the
Sponsor's entitlement to requi
re
the
implementation of that
HAL
Ne
tw
ork Change under Condition G7.2.1 and giving full particulars
of
its
reasons;
or
(b)
HAL
receives notice from an Access Beneficiary within
21
da
ys of the notice served
by
HAL
disputing the Sponsor's entitlement
to
require
the
implementation
of
that H
AL
Network Change
under Condition G7.2.1 and giving full particulars
of
its reasons.
7.2.4
If
the
Sp
onsor does not agree with the
co
ntents of a notice served by
HA
L or an affected Access
Beneficiary in accordance wi
th
Co
ndition G
7.2
.3
,
the
Sponsor
may
:
(a) refer the matter for determination in accordance with the
ADRR
and
Co
ndition
GS
shall apply; or
(b) withdraw the proposed
HAL
Network Change.
c Heathrow Airport Limited 2015
79
Healtvow
Nefwotlc
Code
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Part
G:
HAL
Network
Change
7.3 When a HAL Network Change
may
not
be
implemented
7.3.1 HAL
sha
ll not
be
entitled,
and
a Sponsor shall not
be
entitled
to
require
HAL
,
to
implement a proposed
HAL Network Change unless it is so entitled to imple
ment
,
or
requi
re
the implementati
on
of
that
HAL
Network
Change
under Condition G7 .1.1
or
Condit
ion
G7.2
.1
.
7.3.2 For the purposes
of
the Conditions G7.1.1 and
G7
.2.1, unresolv
ed
disputes shall include:
(a) a notice has been served under Condition
G2
.1.1(a)
or
(b) or Condition G4.1.1(a)
or
(b) which
has
not been
wi
thdrawn, resolved under Condition
GB
or
agreed not to apply;
and
(b) a notice has been served u
nder
Condition
G4
.1.1(c )
or
(d) which
has
not
bee
n agreed or resolved
as
referred
to
in Condition
G7
.1.1(b )
or
G7.2.1(b) or (c)
or
otherwi
se
agreed, resolved
or
withdrawn.
Condition G8: Appeal Procedure
8.1 Right
of
referral in accordance with the ADRR
8.1.1
If
an
y Access Party is d
is
sa
tisfi
ed
as to:
(a) a
ny
matter
concerning
the
operation
of
the procedure in this Part G;
(b)
the
contents
of
any
notice given under Condition G2.1 , G4.1, G5.1.1
or
G7
(and,
in
particul
ar
, the
amount
of
any
compensati
on
referred to in those Conditi
ons
);
(c)
any
est
imate referred
to
in Conditi
on
G1
.6
or
G3
.6;
(d)
the
:
(i) proposed Expiry Date; or
(ii) e stimat
ed
timescele
in
which a Short Term
HAL
Ne
tw
ork
C
han
ge
can
be
reasonably reversed,
in
a notice
of
proposed
HA
L Network Cha
nge
g
iv
en
under Condition G1.1;
or
(e) the reasons given by H
AL
as
to
why
it
does
not
bel
iev
e
that
the
effect
of
the
Short Term HAL
Networi< Change is preventing
the
Access Benefici
ary
using
th
e infrastructure
in
accordance with
the reasonable expectations
of
that Access Bene
fi
c
iary
as
to
the
future use
of
the relevant
part
of
the
HAL
infras
tr
ucture
under
Conditi
on
G5.1.4(b),
that Access Party
may
refer
the
matter for determination in accordance with the ADRR.
C Heathrow
AKport
Lrmted
201!>
80
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tvow
Network
Code
I
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Part
H:
HAL
Railway
Operat
i
onal
Code
Explanatory Note
A. Part H
sets
ou
t a requirement
for
HAL
.
in
consultation with the industry,
to
establish a Heathrow
Railway Operational Code(
the
"
ROC
")
.
For
these purposes the
Networ1<
Rail
ROC
wil
be
adopted
through a Connection Agreement
and
will
be
supported
by
the Heathrow Emergency Plan ( the
"HEP
")
.
B.
The
HEP
describes the arrangements that are specific
to
the
HAL
infrastructure and relate
to
the
interlaces between the
HAL
infrastructure
and
Heathrow Airport.
The
obligations within the
HEP
are
sub contracted out
to
Heathrow Express Operating Company under
ROGs
. Both
the
ROC
and
the
HEP
arrangements share
the
objective
of
sustaining operation
of
train services on
the
HAL
infrastructure in
accordance
with
the
working timetable,
as
well
as
where
necessary restoring operation in accordance
with
the
wor1<ing
timetable, having regard to the needs
of
passengers;
the
interests
of
safety
and
security;
the
efficient and economical operation
of
the
HAL
infrastructure
and
of
trains operating on it;
and criteria published
by
the
ORR.
B.
The
ROC
is
to
be
kept
under regular review, and covers
such
issues
as
notification
of
disruptive events;
contingency plans; clearance
of
track blockages
and
assistance
to
failed trains; emergency timetabling
procedures; control arrangements; train regulation; seasonal-preparedness;
and
other
matters
necessary
or
expedient
to
achieve its objective.
C The HEP is to
be
kept under regular review, and covers such issues
as
incident command structure;
contingency plans; incident management and control; control arrangements; roles and responsibilities;
welfare arrangements; emergency services and local authority support and
other
matters necessary
or
expedient
to
achieve its objective.
D. Part H also sets o
ut
a procedure
for
varying the HEP.
E The
ROC
is
part
of
the services procured
by
HAL
under
contract
to
Netwof1c:
Rail.
Any
changes
to
the
ROC
can
only
be
made
through the provisions
of
the
Networ1<
Rail
Networ1<
Code
and therefore
requests for variations from parties
to
the
HAL
Network
Code
should
be
made
to
HAL
for submission
to
Network Rail.
E This Explanatory Note
does
not
form
part of
the
HAL
Network Code.
Definitions
In this Part H. unless the context otherwise requires:
"Disruptive E
venr
I
c Heathrow
AKport
lmrted
2015
81
means, in relation
to
a
ROC
Section, the exercise
by
a person
of
a right
under
the
Networ1<
Ra~
Networ1<
Code
to
make a reference in that
respect; and
means, in relation
to
the Heathrow Emergency Plan, the exercise by a
person
of
a right under
the
HAL Network Code
to
make a reference in
that respect;
means
any
event
or
circumstance which materially prevents
or
materially
disrupts the operation
of
trains
or
any
part
of
the
HAL
infrastructure in
accordance with the
Wori<
i
ng
Timetable;
Heolhrow
Network
Code
I Page
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