{
  "url": "https://openlegislation.uk/railways-infrastructure-access-and-management-regulations-2005/regulation-29",
  "json_url": "https://openlegislation.uk/railways-infrastructure-access-and-management-regulations-2005/regulation-29.json",
  "legislation": "uksi/2005/3049",
  "legislation_title": "The Railways Infrastructure (Access and Management) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/railways-infrastructure-access-and-management-regulations-2005",
  "path": "regulation/29",
  "kind": "regulation",
  "number": "29",
  "heading": "Appeals to the regulatory body",
  "text": "(1) An applicant has a right of appeal to the Office of Rail Regulation if it believes that it has been unfairly treated, discriminated against or is in any other way aggrieved, and in particular against decisions adopted by the infrastructure manager, an allocation body, a charging body, a service provider or, as the case may be, a railway undertaking, concerning any of the matters described in paragraph (2).\n(2) Those matters are—\n(a) the network statement produced in accordance with regulation 11;\n(b) the information which, by virtue of regulation 11(4), must be included in that network statement;\n(c) the allocation process and its result as prescribed in Part 5 and Schedule 4;\n(d) the charging scheme and charging system established in accordance with regulation 12;\n(e) the level or structure of infrastructure fees, the principles of which are prescribed in Part 4 and Schedule 3, which it is, or may be, required to pay; and\n(f) the arrangements in connection with the entitlements to access granted under Part 2 and Schedule 2.\n(3) Where the matter of an appeal under this regulation is one in relation to which directions may be sought from the Office of Rail Regulation under sections 17 or 22A of the Act, the applicant must lodge the appeal by way of an application under the relevant section and, subject to any applicable provisions of these Regulations, the appropriate provisions of that Act shall apply to the consideration of that application.\n(4) Where the matter of an appeal under this regulation is one to which paragraph (3) does not apply because—\n(a) the railway facility to which the appeal relates is, by virtue of section 20 of the Act, an exempt facility;\n(b) the appeal relates to a rail link facility; or\n(c) the subject matter of the appeal is not within the scope of directions which may be sought under sections 17 or 22A of the Act,\nthe applicant must lodge the appeal by way of an application under this regulation, in such form and manner as the Office of Rail Regulation may from time to time prescribe.\n(5) When considering an appeal in respect of circumstances described in paragraph (6), the Office of Rail Regulation is under a duty to determine whether, in respect of the access to which the appeal relates, viable alternatives under market conditions exist.\n(6) Those circumstances are when the appeal contests that—\n(a) viable alternatives by rail under market conditions do not exist so as to justify a request under regulation 6(2) being subject to restrictions; or\n(b) viable alternative means of the service being provided under market conditions do not exist so as to justify the refusal of a request for the supply of services under regulation 7(4).\n(7) Subject to paragraph (8), the Office of Rail Regulation must, within two months of the date of receipt of all relevant information (including information provided pursuant to regulation 31)—\n(a) make a decision on; and\n(b) where appropriate, issue a direction to the infrastructure manager, allocation body, charging body, service provider or, as the case may be, railway undertaking, to remedy the situation arising out of,\nan appeal brought under this regulation.\n(8) Where a decision or direction under paragraph (7) would affect a rail link facility or, as the case may be, the operation of the development agreement, the Office of Rail Regulation must consult and, subject to paragraph (9), take into account any representations made by, the Secretary of State before making or issuing such a decision or direction.\n(9) Where paragraph (8) applies and, following consultation, the Secretary of State submits representations, the Office of Rail Regulation must, before making or issuing a decision or direction, consult such interested parties as it considers appropriate on the representations submitted by the Secretary of State.\n(10) In making a decision on an appeal brought under this regulation against refusal by an infrastructure manager or allocation body to allocate infrastructure capacity, or against the terms of an offer of infrastructure capacity, the Office of Rail Regulation must either—\n(a) confirm that no modification of the infrastructure manager or allocation body’s decision is required; or\n(b) require modification of that decision in accordance with directions issued by that Office.\n(11) Without prejudice to the right of any person to make an application to the court under Part 54 of the Civil Procedure Rules 1998—\n(a) a decision by the Office of Rail Regulation on an appeal brought under this regulation is binding on all parties affected by that decision; and\n(b) it is the duty of any person to whom a direction is given under this regulation to comply with and give effect to that direction.\n(12) Where the subject matter of an appeal relates to the allocation of capacity crossing more than one network and, in particular, the procedures described in regulation 17, the Office of Rail Regulation may, where the decision of an infrastructure manager in another Member State is a material fact, refer that appeal to the Commission for a decision.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1998/3132. Regulation 54 was inserted by S.I. 2000/2092, regulation 22 and the Schedule."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2015/1682",
      "affecting_title": "The Office of Rail Regulation (Change of Name) Regulations 2015"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2015/786",
      "affecting_title": "The Railways Infrastructure (Access and Management) (Amendment) Regulations 2015 (revoked)"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3049/regulation/29",
    "retrieved_at": "2026-10-29T04:47:39.073567+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}