Regulation 22 Declaration of specialised infrastructure

(1)

Subject to paragraph (2), all infrastructure capacity must be available for the use of all types of rail transport service which conform to the characteristics necessary for use of that infrastructure, as defined in the infrastructure manager’s network statement.

(2)

Subject to the provisions set out in paragraph (3), the infrastructure manager may designate particular sections of the infrastructure for use by specified types of rail service without prejudice to articles 81, 82 and 86 of the Treaty and, once the infrastructure is so designated, may give priority to that specified type of rail service in the allocation of infrastructure capacity.

(3)

Those provisions are that—

(a)

suitable alternative routes for other types of rail transport service must exist and be available;

(b)

before making such a designation the infrastructure manager must consult—

(i)

the Secretary of State;

(ii)

where an element of the infrastructure which it is proposed to designate is in Scotland, Scottish Ministers;

(iii)

the Office of Rail Regulation; and

(iv)

all other interested parties; and

(c)

such designation must not prevent the use of that designated infrastructure by other types of rail transport service when capacity is available and an application for that capacity is submitted by an applicant wishing to operate a service using rolling stock which conforms to the technical characteristics necessary for operation on that infrastructure.