{
  "url": "https://openlegislation.uk/railways-regulations-1998/regulation-11",
  "json_url": "https://openlegislation.uk/railways-regulations-1998/regulation-11.json",
  "legislation": "uksi/1998/1340",
  "legislation_title": "The Railways Regulations 1998",
  "legislation_url": "https://openlegislation.uk/railways-regulations-1998",
  "path": "regulation/11",
  "kind": "regulation",
  "number": "11",
  "heading": "Allocation of infrastructure capacity: application in Great Britain",
  "text": "(1) Any international grouping may make an application—\n(a) in the case of a grouping which includes a railway undertaking established in the United Kingdom, for such access and transit rights, or\n(b) in the case of any other grouping, for such transit rights,\nas may be necessary for the provision of international transport services between the EEA States where the undertakings constituting the grouping are established.\n(2) Any railway undertaking established or to be established in an EEA State may make an application for the grant of such access and transit rights as may be necessary for the purpose of the operation of international combined transport goods services.\n(3) Any agreement for the grant of access or transit rights to which paragraph (1) or (2) applies which is entered into otherwise than in pursuance of this Part shall be void.\n(4) Any application referred to in paragraph (1) or (2) shall be in writing and shall be made to the allocation body designated pursuant to paragraph (1) of regulation 10 in respect of the class or description of application within which the application falls (“the GB allocation body”) whenever the departure point of the service in question is situated in Great Britain.\n(5) On receipt by the GB allocation body of any such application, that body shall immediately send a copy of the application to any relevant infrastructure manager and to any relevant EEA allocation body.\n(6) As soon as possible, but in any event no later than one month, after receiving all relevant information relating to such an application any relevant EEA allocation body and any relevant infrastructure manager shall decide whether to grant or to refuse the application and shall immediately inform the GB allocation body of its decision.\n(7) As soon as possible, but in any event no later than two months, after receiving all relevant information relating to such an application the GB allocation body shall, together with each relevant EEA allocation body and each relevant infrastructure manager, decide whether the application should be granted or refused and shall inform the applicant of the decision.\n(8) If an application is refused, the GB allocation body shall give to the applicant the reasons for such refusal.\n(9) Where an application has been refused on the grounds of insufficient capacity, the GB allocation body, any relevant EEA allocation body and any relevant infrastructure manager shall if the applicant so requests reconsider the application on the next occasion that the timetables for the routes concerned are adjusted.\n(10) The GB allocation body shall on request furnish interested parties with details of the dates of all relevant timetable adjustments and other administrative arrangements as they may reasonably require in connection with any request or proposed request under paragraph (9).\n(11) The GB allocation body, any relevant EEA allocation body and any relevant infrastructure manager may require the payment of a charge to cover their reasonable costs of dealing with an application.\n(12) Every international grouping and every railway undertaking to which railway infrastruc ture capacity is allocated in accordance with these Regulations shall conclude an agreement with each relevant infrastructure manager covering the necessary administrative, technical and financial matters to regulate traffic control and safety issues concerning the services to be provided by them.\n(13) An agreement concluded pursuant to paragraph (12) shall include provision requiring the parties thereto to make such amendments thereto as the International Rail Regulator may direct in order to give effect to any decision he makes on a reference to him under regulation 14.\n(14) The terms and conditions of an agreement concluded pursuant to paragraph (12) shall not be discriminatory between railway undertakings or between railway undertakings and the infrastructure manager as a provider of rail services.\n(15) Within fourteen days of the conclusion of an agreement pursuant to paragraph (12) each relevant infrastructure manager shall send a copy thereof to the Regulator and the International Rail Regulator and shall notify the GB allocation body and each relevant EEA allocation body of the conclusion of the agreement.\n(16) Within twenty one days of receiving a copy of such an agreement the International Rail Regulator shall procure publication of a notice in the Official Journal of the European Communities including the following particulars—\n(a) the name of the applicant railway undertaking or international grouping;\n(b) the name of the GB allocation body, each relevant infrastructure manager and relevant EEA allocation body;\n(c) brief particulars of the access or transit rights granted; and\n(d) a statement that any railway undertaking aggrieved by the decision of the GB allocation body as given effect by the agreement may by notice in writing refer the matter to the International Rail Regulator.\n(17) The International Rail Regulator shall if so requested in writing by a railway undertaking which he reasonably considers has an interest in the matter provide to that undertaking such particulars of the agreement as that undertaking may reasonably require, including particulars as to the infrastructure fees payable under the agreement.\n(18) In making information available pursuant to paragraph (17) the International Rail Regulator shall have regard to the need for excluding, so far as practicable, any particulars of or about the agreement which, if disclosed, would or might in the opinion of the International Rail Regulator seriously and prejudicially affect the interests of any party to the agreement.\n(19) Any infrastructure manager which grants access or transit rights under this regulation shall so operate its control and safety systems as to take account of the services operated in exercise of such rights.\n(20) Nothing in this regulation shall be taken to prevent an applicant from making direct contact with any relevant EEA allocation body but, if it does so, it shall so inform the GB allocation body.\n(21) In this regulation and regulations 12, 13 and 14—\n“EEA allocation body” means an allocation body in an EEA State other than the United Kingdom;\n“GB allocation body” has the meaning given by paragraph (4);\n“relevant EEA allocation body” means an EEA allocation body which is responsible for the allocation of capacity on railway infrastructure to which the application relates; and\n“relevant infrastructure manager” means any infrastructure manager which manages infrastructure in Great Britain to which the application relates (including any allocation body which is also such an infrastructure manager).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/1340/regulation/11",
    "retrieved_at": "2026-10-29T11:29:29.254227+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."
}