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

S.I. 2016/645 · Made 21 June 2016 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 4 March 2024.

Transport

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.

Annotations to the whole text

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.

Contents

  1. Part 1: Preliminary
  2. 1Citation, commencement and extent
  3. 2Amendments and revocations
  4. 3Interpretation
  5. 4Scope
  6. Part 2: Access to Railway Infrastructure and Services
  7. 5Access rights
  8. 6Access to services
  9. 7Cross-border agreements
  10. Part 3: Infrastructure Management and Independence of Undertakings
  11. 8Management independence
  12. 9Separation of accounts
  13. 10Independence of service providers from dominant bodies and firms
  14. 11Indicative railway infrastructure strategy
  15. 12Business Plans
  16. 13Network Statement
  17. Part 4: Infrastructure Charges
  18. 14Establishing, determining and collecting charges
  19. 15Infrastructure costs and accounts
  20. 16Performance scheme
  21. 17Reservation charges
  22. 18Cooperation in relation to charging systems on more than one network
  23. Part 5: Allocation of Infrastructure Capacity
  24. 19Capacity allocation
  25. 20Co-operation in the allocation of infrastructure capacity crossing more than one network
  26. 21Framework agreements
  27. 22Application for infrastructure capacity
  28. 23Scheduling and coordination
  29. 24Ad hoc requests
  30. 25Declaration of specialised infrastructure
  31. 26Congested infrastructure
  32. 27Capacity analysis
  33. 28Capacity enhancement plan
  34. 29Use of train paths
  35. 30Special measures to be taken in the event of disruption
  36. Part 6: Regulation and Appeals
  37. 31Regulatory body
  38. 32Appeals to the regulatory body
  39. 33Regulatory decisions concerning international passenger services
  40. 34Monitoring the rail services markets
  41. 35Audits
  42. 36Provision of information to the regulatory body
  43. 37Cooperation between regulatory bodies Repealed
  44. 38Enforcement of decisions, directions and notices
  45. Part 7: The Railway (Licensing of Railway Undertakings) Regulations 2005
  46. 39Amendment of the Railway (Licensing of Railway Undertakings) Regulations 2005
  47. Part 8: Miscellaneous
  48. 40Statutory authority to run trains
  49. 41Civil proceedings
  50. 42Making of false statements etc.
  51. 43Offences by bodies corporate and Scottish partnerships
  52. 44Restriction on disclosure of information
  53. 45Breaches of duty outside the United Kingdom
  54. 46Review
  55. 47Transitory modifications
  56. Signature
  57. Schedule 1: Amendments
  58. Part 1: Amendments to Primary Legislation
  59. 1The Railway Fires Act 1905
  60. 2The Insolvency Act 1986
  61. 3The Railways Act 1993
  62. 4The Greater London Authority Act 1999
  63. 5The Railways and Transport Safety Act 2003
  64. 6The Civil Contingencies Act 2004
  65. Part 2: Amendments to Secondary Legislation
  66. 7The Town and Country Planning (Control of Advertisements) Regulations 1992
  67. 8The London Underground (East London Line Extension) (No. 2) Order 2001
  68. 9The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002
  69. 10The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004
  70. 11The British Transport Police (Police Services Agreement) Order 2004
  71. 12The Central Rating List (Wales) Regulations 2005
  72. 13The Central Rating List (England) Regulations 2005
  73. 14The Railways (Interoperability) Regulations 2011
  74. 15The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015
  75. Schedule 2: Services to be supplied to railway undertakings
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. Schedule 3: Access charging
  81. 1Principles of access charging
  82. 2Exceptions to the charging principles
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Discounts
  87. 7Performance Schemes
  88. Schedule 4Timetable for the Allocation Process
  89. 1Paragraph 1
  90. 2Paragraph 2
  91. 3Paragraph 3
  92. 4Paragraph 4
  93. 5Paragraph 5
  94. 6Paragraph 6
  95. 7Paragraph 7
  96. 8Paragraph 8
  97. 9Paragraph 9
  98. 10Paragraph 10
  99. 11Paragraph 11
  100. 12Paragraph 12
  101. 13Paragraph 13
  102. 14Paragraph 14
  103. 15Paragraph 15
  104. 16Paragraph 16
  105. 17Paragraph 17
  106. 18Paragraph 18
  107. Schedule 4A: Basic Principles and Parameters of Contractual Agreements between Competent Authorities and Infrastructure Managers
  108. 1Paragraph 1
  109. Schedule 5: Accounting information to be supplied to the Office of Rail and Road upon request
  110. 1Paragraph 1
  111. Schedule 6: Transitory modifications
  112. 1Paragraph 1
  113. 2Interpretation
  114. 3Scope
  115. 4Access rights
  116. 5Infrastructure management: independence; outsourcing and sharing functions and impartiality in respect of traffic management and maintenance planning
  117. 6Financial transparency
  118. 7Coordination mechanisms
  119. 8Independence of the essential functions
  120. 9Capacity rights
  121. 10Special measures to be taken in the event of disruption
  122. 11Appeals to the regulatory body
  123. 12Regulatory decisions concerning passenger services
  124. 13Monitoring the rail services markets
  125. 14Audits
  126. 15Cooperation between regulatory bodies Repealed
  127. 16Enforcement of decisions, directions and notices
  128. Explanatory note