Enforcement of the network licence
Sections 55-58 of the Railways Act 1993, provide ORR with the statutory mechanism to enforce licence conditions. ORR published a draft Enforcement policy and Penalties Statement which set out our powers to enforce licence conditions and impose penalties, and the criteria we would take into consideration when deciding whether to take action or impose a penalty. ORR has also consulted on a proposed health and safety enforcement policy.
The purpose of the Enforcement Policy and Penalties Statement is to describe how we will use our licence enforcement powers to ensure that the public interest is protected, that the industry delivers a safe, high quality, and efficient service to passengers and freight customers which represents value for money, and to be transparent as to the approach we are likely to adopt in individual cases. The policy describes how ORR, as economic regulator of the rail industry, will ensure that Network Rail, train operators and others comply with the public interest obligations in their operating licences, and the approach ORR will adopt to imposing financial penalties for failure to deliver.
ORR closely monitors Network Rail's performance against its licence obligations. The enforcement regime requires the ORR to take action to require the network operator to comply with its licence obligations if it is in breach, or where the Regulator is satisfied that a breach is likely.
If ORR considers that enforcement action is not in the public interest, ORR is required to issue a notice saying why it has not taken action. Such notices are placed on ORR's public register and website (see below).
Documentation