The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016

SectionAppeals under The Access and Management Regulations
Access to the rail network and
service facilities, infrastructure
management and appeals
05 March 2024
1. Overview 3
Introduction 3
2. Access to infrastructure 6
Introduction 6
Regulation 5: access rights 6
Regulation 6(1): Minimum access package 7
3. Infrastructure managers 8
Introduction 8
Infrastructure management and independence of undertakings 8
Network statements 8
Infrastructure charges 10
Allocation of infrastructure capacity 12
4. Access to service facilities 14
Introduction 14
Provision of information 14
Service Facility Charges 18
5. Appeals 22
Introduction 22
Appeals to ORR 22
The appeals process 26
Annex: Key Definitions 32
1. Overview
1 This guidance sets out the Office of Rail and Road’s (ORR’s) interpretation of The
Railways (Access, Management and Licensing of Railway Undertakings) Regulations
2016, as amended (the 2016 Regulations). It has been updated in March 2024
following the revocation of four Commission Implementing Regulations1.
2 The focus is on these key areas:
Access to infrastructure and service facilities.
Infrastructure managers’ responsibilities.
Appeals to ORR.
3 This guidance covers significant elements of the 2016 Regulations that infrastructure
managers, railway undertakings and service providers should be aware of and
explains ORR’s policy and processes. However, we do not seek to cover every
aspect of the legislation. It is the responsibility of individual businesses to ensure that
they are compliant with the law.
4 Please note that the 2016 Regulations and the Railways Act1993 (the Act) use
different terms covering the operators, managers and owners of service facilities and
sites. For convenience, we generally refer simply to service providers and service
facilities in this guidance. Some key definitions are set out in the annex to this
module. If you are in any doubt as to whether a provision applies to you, please refer
directly to the legislation.
1 The Railways (Revocation and Consequential Provision) Regulations 2024 revoked the
following Commission Implementing Regulations on 4 March 2024: 2017/2177 of 22
November 2017 on access to service facilities and rail-related services; 2018/1795 of 20
November 2018 laying down procedure and criteria for the application of the economic
equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament
and of the Council; 2015/10 of 6 January 2015 on criteria for applicants for rail
infrastructure capacity and repealing Implementing Regulation (EU) No 870/2014; and,
2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for
the allocation of rail infrastructure capacity.

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