The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
| Jurisdiction | UK Non-devolved |
| Citation | SI 2016/645 |
| Year | 2016 |
Statutory Instruments
2016 No. 645
Transport
The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
Made
21st June 2016
Laid before Parliament
7th July 2016
Coming into force
29th July 2016
The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972
M1
.
The Secretary of State is a Minister designated
M2
for the purposes of that section in relation to measures relating to railways and railway transport.
Marginal Citations
M1
1972 c. 68. Section 2(2) is amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), Schedule, Part 1.
M2
S.I. 1996/266, to which there have been amendments not relevant to these Regulations.
(1)
These Regulations may be cited as the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 and come into force on 29th July 2016.
(2)
With the exception of paragraph 5 of Schedule 1, these Regulations do not extend to Northern Ireland.
(1)
The following instruments are revoked—
(a)
the Railways Infrastructure (Access and Management) Regulations 2005
M3
;
(b)
the Railways Infrastructure (Access and Management) (Amendment) Regulations 2009
M4
; and
(c)
the Railways Infrastructure (Access and Management) (Amendment) Regulations 2015
M5
.
(2)
Schedule 1 (amendments) has effect.
Marginal Citations
M3
S.I. 2005/3049, amended by S.I. 2009/1122, regulation 2; S.I. 2010/675, Schedule 26, Part 2, paragraph 27; S.I. 2011/1043, article 6(2)(a); S.I. 2015/786, regulations 3 to 8; and S.I. 2015/1682, Schedule, Part 2, paragraph 5.
M4
S.I. 2009/1122.
M5
S.I. 2015/786, amended by S.I. 2015/1682, Schedule, Part 2, paragraph 10(oo).
In these Regulations—
“
the Act
” means the Railways Act 1993
M6
;
“
the 1996 Act
” means the Channel Tunnel Rail Link Act 1996
M7
;
“
access rights
” means rights of access to railway infrastructure for the purpose of operating a service for the transport of goods or passengers;
“
access charges review
” means a review of access charges carried out in accordance with Schedule 4A to the Act
M8
;
“
ad hoc
request
” means a request for individual train paths made other than in accordance with the timetable for the capacity allocation process as set out in Schedule 4;
“
allocation
” means the allocation of railway infrastructure capacity by an infrastructure manager;
“
allocation body
” means a body or undertaking, other than the infrastructure manager, which is responsible, by virtue of regulation 19(4), for the functions and obligations of the infrastructure manager under Part 5 and Schedule 4;
“
alternative route
” means another route between the same origin and destination where there is substitutability between the two routes for the operation of the freight or passenger service concerned by the railway undertaking;
“
applicant
” means a railway undertaking or an international grouping of railway undertakings or other persons or legal entities, such as competent authorities under
F1
the Public Service Obligations in Transport Regulations 2023
and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity;
“
capacity enhancement plan
” means a measure or series of measures with a calendar for their implementation which aim to alleviate the capacity constraints which led to the declaration of an element of railway infrastructure as “congested infrastructure”;
“
the Channel Tunnel charging framework
” means the charging framework set out in the Annex to the IGC regulation;
“
charging body
” means a body or undertaking, other than the infrastructure manager, which is responsible, by virtue of regulation 14(9), for the functions and obligations of the infrastructure manager under Part 4 and Schedule 3;
“
charging scheme
” means the specific charging rules established in accordance with regulation 14 by the Office of Rail and Road or the infrastructure manager;
“
charging system
” means the system established by an infrastructure manager to determine access charges under regulation 14(2), (4) or (5);
“
competent authority
” has the same meaning as in
F2
regulation 2 of the...
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