Regulator proposes simplification of legal documentation for stations

21 August 2002
ORR/12/02

The Rail Regulator, Tom Winsor, has today published a consultation document setting out proposals for simplifying and streamlining the contractual arrangements for the management and maintenance of stations.

Railtrack owns the vast majority of the 2,500 stations in Great Britain. It leases all but a few to train operators, who manage and maintain them, and, in turn, grant access for other train operators' services. Under the current regime, for virtually every station, there is a separate lease and a suite of access documents.

The Regulator is proposing to replace this unwieldy structure of agreements with a single Stations Code, covering access by train operators to every station, encompassing clear rights, obligations, remedies and processes for all parties.

The Regulator's proposals follow his earlier consultation exercises on the station access regime in June 2000 and September 2001.

Introducing his proposals, Tom Winsor said:

"I believe the matrix of stations contracts can be radically improved and simplified through the establishment of a single, clear Stations Code which would apply to all those involved in running and maintaining stations: owners, station operators and train operators. My proposals are intended to enable those involved with stations to focus on what is important - managing the station for the benefit of passengers, rather than managing the paperwork."

The Regulator's provisional conclusion will be subject to consultation throughout the industry and among interested parties. Opinions and comments are invited by 11 October 2002.

Notes for editors:

  1. There are around 2,500 stations in Great Britain, most of which are owned by Railtrack but leased to train operators. This arrangement was established at the time of privatisation, recognising the fact that it is the train operators who have a direct relationship with passengers. The main exception to this is the 14 major London and other national termini, which are run by Railtrack.
  2. The current contractual regime for stations is built up from individual bilateral contracts, each incorporating by reference the Station Access Conditions. The Station Access Conditions set out the rules which govern the way in which the station is run. Railtrack, the owner of the station, leases the station to a train operator, who runs the station and (as "station facility owner") grants access to other train operators (the "beneficiaries").
  3. Each beneficiary has a collateral agreement with Railtrack so that, if Railtrack fails to fulfil its obligations to the station facility owner, the beneficiary has a right to take action against Railtrack as well as the station facility owner:

  4. The Regulator has published two earlier consultation documents on the station access regime: Provisional conclusions on station charges and consultation on the station access regime, Office of the Rail Regulator, London, June 2000, and Station access regime: Maintenance and repair, liability and enforcement - a technical consultation document, Office of the Rail Regulator, London, September 2001.
  5. The Regulator's proposal is to replace the access agreements, collateral agreements and the Station Access Conditions with a Stations Code, covering access to every station in Great Britain; and to replace the individual station leases with new global leases, one between Railtrack and each station operator, covering all the stations leased to that operator. The global leases would incorporate by reference the Stations Code.
  6. The Regulator is also proposing a package of other improvements to the provisions and processes currently set out in the Station Access Conditions, including:
    • Clearer responsibilities for maintenance and repair of station assets;
    • Stronger incentives to keep things in good order, and better remedies for when things go wrong;
    • New requirements to establish a forward-looking plan for renewal and enhancement work at each station; and
    • A simplified process for dealing with changes to a station.
  8. Copies of the Review of the Station Access Regime - Provisional Conclusions on the Policy Framework can be found here or can be ordered from Sue MacSwan, ORR Librarian, tel: 020 7282 2001, fax: 020 7282 2045, e-mail: rail.library@orr.gsi.gov.uk.

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