HAL Network Code (forming part of the access documentation proposed by TfL)
| Section | Transport for London appeal under regulation 29 and complaint under regulation 30 of the Railways Infrastructure (Access and Management) Regulations |
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The HAL
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Network Code
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(with Explanatory Notes)
Edition date: [ ] 2016
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Note:
This document is available on the HAL
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website at [TBC]
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[Two complimentary copies, in loose-leaf format, are supplied to each Access
Party.]
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Amendments to the HAL Network Code are also on the HAL website at [the
“Completed Proposal for Change” web-page]
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and include identification of the
specific changes to the text. Amended pages will be dated in the bottom right hand
corner and the “contents/amendments” page provides the reference (PfC number) to
the “Proposal for Change” page of the website.
If further copies of this document are required they may be obtained from the
website or copied locally, although such copies should be subject to appropriate
control arrangements. Additional copies may also be obtained from HAL although a
charge may be raised to cover costs of production.
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Throughout its proposed draft of the HAL Network Code, HAL has not included any references to freight operations.
Presumably this is due to the expected nature of services operating on the Heathrow Spur. As TfL is making this regulation
29/30 application on the basis of securing access for the Crossrail passenger services, HAL's proposal is not something
which is in dispute for these purposes. Accordingly, TfL has reflected the same amendments proposed by HAL in this
document.
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Amended to distinguish the HAL Network Code from the NR Network Code.
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In a number of places in the draft HAL Network Code provided by HAL, it envisages the ORR having a role in relation to
certain aspects of the processes or rights to make proposals. It would be helpful to have formal confirmation (perhaps by
way of a formal regulatory support letter) from the ORR that it has agreed with HAL that it will undertake these functions.
TfL has accepted the principle proposed by HAL and has suggested there may be certain additional areas where the ORR
should play a role (in line with the approach taken in the Network Rail Network Code).
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Edition date to be completed when known.
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References to Network Rail have been updated to refer to HAL.
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HAL to complete in due course.
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Provided the document remains available on the HAL website and is updated as necessary, TfL does not require the two
complimentary copies referred to in the NR Network Code.
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HAL should update this to reflect the web page at which it will set out completed Proposals for Change to the HAL
Network Code.
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As HAL does not propose to have an equivalent to the Class Representative Committee (which TfL accepts) the reference
to the contact number for the Secretary has been deleted.
If the exemption from the requirement for HAL to hold a network licence in respect of
the Network expires or is otherwise withdrawn at any time, this HAL Network Code
will need to be updated to reflect the requirement for HAL to hold a network licence.
This will be implemented by HAL by way of a Proposal for Change pursuant to Part
C of this HAL Network Code.
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HAL's exemption from the requirement to hold a network licence currently expires in 2028 – but of course may be
withdrawn beforehand by the Secretary of State for Transport (in particular, if HAL fails to meet the requirements of the
Deed of Undertaking). If HAL subsequently becomes required to hold a network licence, various provisions in this HAL
Network Code which have not been included would need to be reinstated or otherwise amended. TfL has included a
proposal in Part C to make this clear.
History of updates since [Edition date] 2016
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Proposal for Change
Parts of the code updated
Effective date of changes
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This information is specific to the NR Network Code, although TfL would expect a document control table specific to the
HAL Network Code to be included.
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