Exclusion of commercially sensitive material in station and depot access agreements being placed in the public register (pdf 189.28 KB)
Section | Depot access applications and decisions |
Exclusion of Commercially Sensitive Material in Station and Depot
Access Agreements being placed in the Public Register
1. This note sets out the policy of the Office of Rail and Road (“ORR”) on
the exclusion of information from station and depot access
documentation to be placed in the public register.
Background
2. The Railways Act 1993 (“the Act”) requires ORR to maintain a register
available for public inspection. In relation to access agreements and
access contracts, the register must contain:
(a) every direction to enter into an access contract;
(b) every access agreement;
(c) every amendment to an access agreement; and
(d) every document issued or made by ORR under an access
agreement.
3. In entering any provision in the register, ORR is required to have regard to
the need to exclude, so far as is practicable, the matters specified in
section 71(2)(a) and (b) of the Act. These sections refer to:
any matter which relates to the affairs of an individual, where
publication of that matter would or might, in the opinion of ORR,
seriously and prejudicially affect the interests of that individual; and
any matter which relates specifically to the affairs of a particular
body of persons, whether corporate or incorporate, where
publication of that matter would or might, in the opinion of ORR,
seriously and prejudicially affect the interests of the body.
4. ORR must use its judgment in interpreting these provisions, in a manner
consistent with its duties under the Act.
ORR’s proposals for station and depot access documentation
5. In placing station and depot access documents in the public register, ORR
no longer feels that it is appropriate to exclude any items as a matter of
course. This is because these items do not seem to automatically meet the
criteria for exclusion set out in the Act.
6. Any requests for deletions from station and depot access documentation
submitted for inclusion in the public register should be made on an
individual basis, and justified using the criteria set out in the Act. Such
requests should be submitted at the time a document is sent to ORR for
inclusion in the Public Register. ORR will exercise its discretion in
considering such requests.
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