Rail Regulator consults on model connection contract

02 July 2004
ORR/28/04

    The Rail Regulator, Tom Winsor, has today published a consultation document on a model connection contract for parties such as rail freight users and heritage railways  wishing to connect their facilities to the national rail network.  The proposed model contract builds on the model passenger and freight track access contracts previously published by the Regulator, which are the basis for an increasing number of track access contracts between train operators and Network Rail.  

    Tom Winsor said:

    “One of the major achievements of the last five years has been the development of model passenger and freight track access contracts.  These are stronger, more streamlined and simpler contracts than those entered into at rail privatisation and are central to the relationship between train operators and Network Rail.  However, there is currently no proper model contract for parties wishing to connect a facility – for example, a freight facility or a heritage railway – to the national network.

    “Such connections fall squarely within the scope of my jurisdiction (and the Office of Rail Regulation’s from 5 July 2004) under sections 17 to 22A of the Railways Act 1993.  This document stresses the important protections that the Act gives to those negotiating connection contracts with Network Rail. 

    “Developing a model connection contract, incorporating key provisions from the existing model passenger and freight track access contracts, would benefit potential applicants and also, in important respects, Network Rail itself.  The current template connection contract, originally developed by Railtrack, is unsatisfactory in key areas, such as the liability regime, dispute resolution, charges and a review mechanism.  It could – and I believe should – be replaced.

    “The draft model connection contract on which I am consulting the industry today would cover the operation and maintenance of a connection that is already in place. However, I believe that there is also a strong argument for developing model clauses to cover cases where Network Rail needs to construct or facilitate a new connection.

    “I believe that developing model clauses for connection contracts is an important piece of work and I have been very keen to initiate this consultation before my term of office ends.  It will be for the new Office of Rail Regulation to consider consultees’ views and to decide how to take this work forward. I would encourage the industry to respond to this consultation.”

    The consultation period on the proposed model contract and other matters raised in the document ends on 30 September 2004.

    Notes to Editors:

    1. Model connection contract: a consultation document is also available from 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.
    2. Responses to the consultation should be sent to Mrs Abigail Grenfell, Office of the Rail Regulator, 1 Waterhouse Square, 138-142 Holborn, London EC1N 2TQ or to abigail.grenfell@orr.gsi.gov.uk.

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