The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
| Section | Appeals under The Access and Management Regulations |
The Railways (Access,
Management
and Licensing of
Railway
Undertakings)
Regulations 2016, as amended
Access to the rail network
and
service facilities, infrastructure
management and appeals
28 July 2021
2
Contents
1. Overview 3
Introduction 3
Legislative framework 3
Interpretation 7
Key changes 7
ORR guidance 7
2. Access to infrastructure 9
Introduction 9
Regulation 5: access rights 9
Regulation 6(1): Minimum access package 10
3. Infrastructure managers 11
Introduction 11
Infrastructure management and independence of undertakings 11
Network statements 11
Infrastructure charges 13
Allocation of infrastructure capacity 15
4. Access to service facilities 17
17
17
Introduction
Provision of information
Service facility charges 33
5. Appeals 37
Introduction 37
Appeals to ORR 37
The appeals process 41
Annex: Key Definitions 47
3
1. Overview
Introduction
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). The focus is on these key areas:
● Access to infrastructure and service facilities.
● Infrastructure managers’ responsibilities.
● Appeals to ORR.
Legislative framework
2 Since 2016, the legislative framework has evolved, both at EU and domestic level1.
This guidance also reflects the new rules which came into force from 1 January 2021
at the end of the transition period following the exit of the UK from the EU. The 2016
Regulations were amended several times to account for this new situation2.
3 This guidance also reflects the provisions of the Commission Implementing
Regulation 2017/2177 of 22 November 2017 on access to service facilities and rail-
related services (the Implementing Regulation)3, which supplements a number of
obligations set out in the 2016 Regulations (relating to service facilities).
4 This guidance covers significant elements of the legislation 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.
1 For further details, see https://www.orr.gov.uk/about/how-we-work/strategy-duties/international-law and
Brexit: New rules and legislation on rail transport from 1 January 2021 | Office of Rail and Road (orr.gov.uk).
2 The 2016 Regulations were amended by The Railways (Access, Management and Licensing of Railway
Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (SI 2019/518) and by The Railways (Safety,
Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision (EU Exit)
Regulations 2019 (SI 2019/1310) http://www.legislation.gov.uk/uksi/2019/1310/made/data.pdf.
3 The Implementing Regulation: https://www.legislation.gov.uk/eur/2017/2177/contents.
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