ORR letter - request for further representations – 19 November 2021
| Date | 19 November 2021 |
| Section | Appeals under The Access and Management Regulations |
Page 1 of 2
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
ORR has reviewed the documents and representations submitted to us by the
parties in relation to the above matter. These submissions relate mainly to the
importance of the hearing the appeal and the implications that the Timetabling
Panel’s determination has for the wider industry.
Background
In ORR’s decision on an appeal by Transport for London regarding the terms of
access to the track and stations comprised in the Heathrow Rail infrastructure
published in 2018, ORR noted at paragraph 95: “…if a matter were in due course to
arise in relation to the Heathrow Rail Infrastructure on which it was considered
appropriate to see ORR’s view or decision…we would consider that matter on its
merits at the time and in the context it was referred to us. Naturally, that
consideration would include whether we had a power or duty to consider the matter
in question (taking into account any submissions with respect to our vires made the
party or parties seeking our view”), as well as whether we should exercise our
discretion to exercise any such power in all the circumstances pertaining at that
time.”
ORR considers that the parties’ submissions have not directly addressed the
question of whether ORR has the legal power to act as an appeal body for this
dispute. Rather, the representations thus far relate primarily to whether ORR should
exercise its discretion to consider the appeal on the assumption that it has the legal
power do so.
Martin Jones
Deputy Director, Access &
International
Telephone
020 7282 2047
E
mail martin.jones@orr.gov.uk
By email only
19 November 2021
Heathrow Airport Limited
Heathrow
Express Operating Company Limited
MTR Corporation (Crossrail) Limited
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