ORR letter - decision to hear the appeal under Regulation 32 – 3 December 2021
| Date | Fecha inválida |
| Section | Appeals under The Access and Management Regulations |
Page 1 of 4
Head Office: 25 Cabot Square, London E14 4QZ T: 020 7282 2000 www.orr.gov.uk
Dear Sirs,
Appeals under Part M of the HAL Network Code by Heathrow Airport Limited
(HAL) and Heathrow Express Operating Company Limited (HEOC) in respect of
Timetabling Panel Determination HAL/TTP003
Thank you for your responses to ORR’s letter dated 19 November 2021. ORR has
considered the parties’ representations on ORR’s legal powers to act as an appeal
body in this case and which party/parties have a right of appeal to ORR.
This letter is to advise you of ORR’s decision to hear the appeal in the above
referenced matter, pursuant to its powers under Regulation 32 of The Railways
(Access, Management and Licensing of Railway Undertakings) Regulations 2016
(the “Regulations”), and in accordance with the procedure set out in Part M of the
HAL Network Code.
Summary
Having considered the representations of the parties, ORR considers that its appeal
role under Regulation 32 provides a basis for it to hear this appeal, without further
determination of the wider vires issues at this stage.
ORR considers that HEOC has a prima facie right of appeal to ORR under
Regulation 32 of the Regulations. Although HAL does not have a similar right of
appeal as an “applicant” under Regulation 32, HAL is directly involved in this dispute
and ORR considers that HAL is a “relevant party” which has a right to be “consulted”
in any appeal under Regulation 32(5)(a).
Rather than requiring HEOC to submit a fresh appeal under Regulation 32, ORR
intends, in the particular circumstances of this case, to conduct its determination of
this appeal in accordance with the procedure the parties have agreed between
themselves, as set out under Part M of the HAL Network Code. ORR considers this
Martin Jones
Deputy Director, Access &
International
Telephone
020 7282 2047
E
mail martin.jones@orr.gov.uk
By email only
3 December 2021
Heathrow Airport Limited
Heathrow Express
Operating Company Limited
MTR Corporation (Crossrail) Limited
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