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Rail Regulator publishes proposals to transform the running of Britain’s stations
07 January 2004
ORR/01/04
The Rail Regulator, Tom Winsor, today published proposals for a stations code to transform the contractual arrangements at Britain’s 2,500 mainline railway stations.
The proposals would sweep away the current unwieldy structure of contracts between different train operators and Network Rail. These would be replaced by a Stations Code – establishing simpler, clearer contractual arrangements for all stations, and stronger remedies for when things go wrong. A draft conclusions document explains the key provisions and seeks views from consultees.
Introducing the draft Code, Tom Winsor said: “The draft Stations Code which I am publishing today will provide station lessees with stronger, simpler and more effective arrangements for managing stations. It will allow those charged with responsibility for stations to get on with their main task – delivering a better environment for passengers – by reducing the excessive burden of paperwork.
"The current station access regime is weighed down by the mountain of duplicated paperwork it generates, and by provisions which are often poorly expressed and difficult to understand. The Stations Code addresses both of these problems. Structural issues are dealt with through a radical overhaul of the existing contractual arrangements, and the existing provisions through focussed review and reform, so that there is now clarity in the expression of the rights and obligations of each of the parties.”
Notes for editors
- The Regulator’s Stations code – draft conclusions is published today. The consultation period ends on 10 March 2004.
- The Regulator’s proposals follow his earlier consultations on the stations access regime as follows:
- Regulator proposes more effective contractual regime for station access, published in June 2000;
- Station access regime: Maintenance and repair, liability and enforcement published in September 2001; and
- Regulator proposes simplification of legal documentation for stations published in August 2002.
- These documents are also available from the ORR Librarian, Sue MacSwan, 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.
- Network Rail owns the vast majority of the 2500 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 station access contracts developed and entered into during the privatisation of the rail industry in Great Britain established the relationship between Network Rail and train operators at stations, including the rights and obligations of each of the parties. Although the contracts were serviceable, they failed the test of being good contracts in many respects, often hindering good management and development rather than supporting it.
- The current contractual regime for stations is built up from individual bilateral contracts, each incorporating by reference the station access conditions. These are the rules that govern the way stations are run. Network Rail, who own most stations, lease them to train operators to run (apart from Managed stations, which Network Rail run themselves). The lead operator at the station offers access to any other operator who requires it to run their services. These operators enter into access contracts with the lead operator (to give them rights to stop their trains) and into collateral agreements with Network Rail, so that they have a direct line of enforcement to Network Rail if the lead operator at the station fails to take enforcement action itself.
- The Regulator’s proposal, which has broad support from across the industry, is to replace the access agreements, collateral agreements and the station access conditions with a stations code, one covering access to every station in England and Wales, and one covering access to all stations in Scotland. The Regulator also hopes to replace the individual station leases with new global leases, one covering all the stations leased by Network Rail to an operator.
- In addition to these structural improvements the stations code also delivers a package of improvements to the current provisions and processes, many developed through consultation and collaboration with interested parties. These include:
- Clearer and more sensible split of responsibilities for maintenance, repair and renewal of station assets;
- Stronger incentives to keep things in good working order, and better remedies when things go wrong;
- New requirements to introduce and maintain forward-looking plans for renewal and enhancement works; and
- A simpler process for dealing with changes to stations.
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