Letter from ORR to Network Rail Infrastructure Limited

SectionAppeals under The Access and Management Regulations
Emyl Lewicki
Head of Freight and Open Access
Paul Harris
Network Rail Infrastructure Limited
Baskerville House
Centenary Square
Broad Street
Birmingham
B1 2ND
21 March 2025
Dear Paul
Appeal under Regulation 32 of The Railways (Access, Management
and Licensing of Railway Undertakings) Regulations 2016 by Virgin
Management Limited
I am writing to advise you that we have received an appeal under Regulation 32 of
The Railways (Access Management and Licensing of Railway Undertakings)
Regulations 2016 (“the 2016 Regulations) made by Virgin Management Limited
(“Virgin”) on 26 February 2025 in relation to the allocation process for infrastructure
capacity and its result.
Enclosed is a copy of the appeal and, in accordance with the process described in
chapter 5 of our published guidance on the 2016 Regulations, I invite Network Rail
Infrastructure Limited (“Network Rail”), as infrastructure manager, to make written
representations in respect of that appeal by 11 April 2025. Your representations will
be copied to Virgin and will need to be in a format that can be published on our
website.
As set out in our guidance, in considering any request for non-disclosure, we
generally apply the test set out in section 71(2) of the Railways Act 1993. That test
requires us to have regard to the need for excluding from publication, so far as that is
practicable, any matter which relates to the affairs of an individual or specifically to
the affairs of a particular body where publication of that matter would or might “…in
the opinion of [ORR], seriously and prejudicially affect the interests...” of that
individual or body. If you believe that any information in your representations should
be excluded you will need to explain how this meets the criteria under section 71(2)
of the Railways Act 1993.
I also invite Network Rail to provide a list of any interested persons (this is explained
in paragraph 17 of chapter 5 of the guidance).
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Head Office: 25 Cabot Square, London E14 4QZ T: 020 7282 2000 www.orr.gov.uk

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