Regulator confirms protection of railway land

19 November 2001
ORR/24/01

The Rail Regulator, Tom Winsor, today published the modification of Railtrack's network licence on which he consulted in August 2001. The new licence condition came into effect on 15 November 2001 and ensures that land which may be critical to the development of railways is not lost.

Commenting on this action, Mr Winsor said:

"The action I have taken ensures that those parts of the Railtrack property portfolio which may be required for the future development of the railway are retained for that purpose. It plugs an important gap in the regulatory framework established at privatisation, and, in important cases of land disposal, requires Railtrack to obtain my specific consent. The licence condition and associated general consent are unchanged from those on which I consulted in August 2001.

"It is important that the process strikes the right balance between proper protection of the public interest on the one hand and not imposing unnecessary limitations on Railtrack's freedom to deal with uncontroversial cases on the other. For that reason, the new arrangements exempt from the controls certain cases of land disposal which should be allowed to proceed without specific regulatory approval. The process is streamlined and efficient while at the same time protecting important land for railway purposes."

Where Railtrack does need the Regulator's specific consent for a disposal, it must give him at least three months written notice. The Regulator will then consult interested parties before reaching a conclusion.

The Regulator has also published his criteria for giving consents on a case-by-case basis. These have been modified slightly to take into account the concerns raised in response to the consultation, particularly with regard to what Railtrack may dispose of without the specific consent of the Regulator.

Notes for editors:

1. Railtrack PLC (in administration) will be affected by this licence modification.
2. The Regulator's initial proposals to modify Railtrack's network licence to protect railway lands were published in a consultation document Consultation on proposed modifications to Railtrack's network licence: ring fencing and disposal of assets, ORR, London, September 2000.
3. The Regulator's proposed modification to Railtrack's network licence was published in a consultation document Notice of proposed modification to Railtrack's network licence: Disposal of land, ORR, London, August 2001. The 28-day statutory consultation period closed on 31 August 2001.
4. Today's document Land disposal by Railtrack - the regulatory arrangements (attachment to chapter 3 - maps A-G and H-M) is available from the ORR website www.rail-reg.gov.uk and in hard copy from Sue MacSwan, ORR Librarian, 1 Waterhouse Square, 138-142 Holborn, London EC1N 2TQ, tel: 020 7282 2001; fax:020 7282 2045; e-mail: rail.library@orr.gsi.gov.uk.

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