List of information required from HAL to complete the TfL Access Documentation appended to these applications
| 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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Transport for London: Crossrail
Access to Heathrow Rail Infrastructure
Information required from Heathrow Airport Limited (“HAL”)
As part of its applications under regulations 29 and 30 of The Railways Infrastructure (Access and Management) Regulations 2005 for access to
the Heathrow Rail Infrastructure, Transport for London (“TfL”) (on behalf of itself and its Crossrail concession operator from time to time,
currently MTR Corporation (Crossrail) Limited ("MTR Crossrail")) has submitted to the Office of Rail and Road (“ORR”) a series of draft access
documents, which have either been marked-up and/or into which a series of footnotes have been added (the "Access Documentation"). Under
the regulation 29 and 30 applications, TfL is seeking access from HAL to: (i) the track; and (ii) Central Terminal Area and Terminal 4 stations,
comprised in the Heathrow Rail Infrastructure.
The Access Documentation submitted as part of the applications is base d on the model form: (1) Track Access Agreem ent (P assenger), (2)
Independent Station Access Agreement (single station or multiple stations), (3) Independent Station Access Conditions 2013 (England and
Wales), and (4) Independent Station Access Conditions Annexes 2013 (England and Wales), together with (5) a Network Code based on the
Network Rail equivalent (the "Access Documentation").
As noted in various places in the Access Documentation, a number of pieces of information rem ain outstanding which HAL has not provided to TfL
to date. In order to prepare fully drafted versions of the Access Documentation, which would be in a positio n for TfL to enter into or for MTR
Crossrail to use as the basis of its access arrangements with HAL, this information needs to be provided. TfL will then be in a position to
subsequently provide fully drafted Access Documentation. The requ ired documents and information to populate the Access Documentation are
listed in the table set out in Part A below.
The Network Rail temp late documents are predicated on a structure in which Network Rail is also h eld to account by way of network and station
licences. TfL accepts that HAL is currently exempt from the requirement to hold either a network or a station licence. Therefore, it cannot be held
to account under those separate documents. As a result, in the Access Documentation, TfL also requires that certain additional contractual
provisions be included in order to ensure that HAL provides services to the standard expected of a reasonable prudent and competent
infrastructure manager, which (in many cases) would typically addressed in a comm ercial arrangement between two contracting entities (the
"Additional Provisions"). At this stage, TfL has not drafted the detail of these Additional Provisions in ful l and instead has set out the key
principles upon which it would expect the drafting to be based. Many of the Additional Provisions are not addressed in this document, as
information from HAL is not a precondition to preparing drafting.
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