{
  "url": "https://openlegislation.uk/railways-regulations-1998/regulation-14",
  "json_url": "https://openlegislation.uk/railways-regulations-1998/regulation-14.json",
  "legislation": "uksi/1998/1340",
  "legislation_title": "The Railways Regulations 1998",
  "legislation_url": "https://openlegislation.uk/railways-regulations-1998",
  "path": "regulation/14",
  "kind": "regulation",
  "number": "14",
  "heading": "Appeals in respect of allocation of infrastructure capacity or the charging of fees",
  "text": "(1) A railway undertaking aggrieved by a decision of the GB allocation body under regulation 11 or 12 for the allocation of railway infrastructure capacity or the charging of infrastructure fees may refer the matter to the International Rail Regulator.\n(2) In the case of a decision to refuse an application, such notice shall be given by the applicant within twenty one days of being informed of the decision.\n(3) In the case of a decision to grant an application, such notice shall be given within two months of the publication of the particulars of any agreement made pursuant to the decision in the Official Journal of the European Communities in accordance with paragraph (16) of regulation 11 (including that paragraph as applied by paragraph (5) of regulation 12).\n(4) Any railway undertaking which refers a decision to the International Rail Regulator under paragraph (1) shall at the same time provide a statement of the reasons why it is aggrieved by the decision.\n(5) The International Rail Regulator shall, within seven days of receiving such a notice and a statement of reasons, send a copy thereof to the Regulator, the GB allocation body, any relevant EEA allocation body, the relevant infrastructure manager and the international grouping or railway undertaking concerned.\n(6) Any person notified under paragraph (5) may, within twenty one days of receiving such a copy, make such representations as he considers appropriate to the International Rail Regulator concerning the decision to which the notice relates and the statement of reasons.\n(7) The International Rail Regulator shall reach a determination on a reference made under this regulation within two months of the date of receiving all relevant information (including any information provided pursuant to paragraph (12)) to enable him to determine the reference.\n(8) On disposing of a reference under this regulation the International Rail Regulator may decide that the GB allocation body’s decision should stand, be reversed or be modified.\n(9) Where the decision of the International Rail Regulator requires the modification of any agreement made pursuant to an allocation body’s decision or the grant of rights where an application has been refused he may give such directions as he thinks fit for that purpose and the infrastructure manager and railway undertaking concerned shall be under a duty to comply with and give effect to any such directions.\n(10) The International Rail Regulator shall not make a decision requiring the grant of rights by an infrastructure manager or the modification of rights granted by an infrastructure manager unless he is satisfied that the grant would not involve the breach by the infrastructure manager of the duty imposed on him by paragraph (3) of regulation 10 or of any direction given by the Secretary of State pursuant to paragraph (4) of that regulation.\n(11) If on a reference to the International Rail Regulator under the preceding provisions of this regulation a question arises as to any matter which may, in the opinion of the International Rail Regulator, have safety implications, he shall refer the question to the Health and Safety Executive whose opinion on the question shall be taken into account by the International Rail Regulator.\n(12) It shall be the duty of any railway undertaking, any infrastructure manager and any GB allocation body to provide the International Rail Regulator with such information as he may reasonably require for the purpose of determining a reference to him under this regulation.",
  "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/14",
    "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."
}