Office of Rail Regulation approves modifications to Access Dispute Resolution Rules

21 March 2005
ORR/11/05

The Office of Rail Regulation (ORR) has today approved changes to the Access Dispute Resolution Rules (ADRR).  These provide the basis for the resolution of certain disputes arising from track, station or light maintenance depot access agreements and were submitted by the Class Representative Committee, an industry body comprising representatives of train operators and Network Rail, in February 2005.

The proposed changes introduce new principles and procedures to improve the clarity of the Rules and make significant changes designed to improve the quality of determinations.  They were developed by the industry following the then Regulator’s notice, of July last year which proposed modifications to the ADRR, under the procedure in the Network Code that allowed the then Regulator to require changes.  Although the notice required that some of the reforms (the entrenched provisions) should come into effect from 31 March 2005, it also allowed for most of the modifications (the provisional modifications) to be subject to a suspense arrangement whereby they would only have effect from May 2005 if the industry failed to submit alternative modifications to ORR by the end of March this year.  

In considering the proposal, ORR has reviewed the consultation responses received and concluded that while the proposed changes represent a departure from the previous proposals, taken as a whole they comply with the requirements of the notice issued last July, including making provision for questions of law to be properly identified and disposed of and, so should be approved.

Notes for editors

1. The Access Dispute Resolution Rules, which are an annex to the Network Code, provide the basis for the resolution of certain disputes arising from track, station or access agreements, which incorporate the Network Code and the station and depot access conditions.
2. Under Part C to the Network Code (modifications), the Class Representative Committee is charged with responsibility for considering and, if it thinks fit, approving proposals for changing the Network Code, including the Access Dispute Resolution Rules.  Its membership is drawn from each of the four interest groups (or Classes), namely Network Rail, franchised passenger Train Operators, non-franchised passenger Train Operators and non-passenger Train Operators (collectively referred to as “Train Operators”).  The second and last of these groups are subdivided into Bands reflecting the relative size and nature of those groups and their respective members.
3. Condition C8 of Part C makes provision for ORR to require changes to the Network Code, subject to consultation with all affected parties and specified statutory bodies.
4. In proposing the new ADRR, the then Regulator specified that some of the changes (the entrenched provisions) should have effect from 31 March 2005. However, because the industry objected that it had not had sufficient time to consider his proposals, most of the changes proposed by the Regulator are subject to a suspense arrangement and will only have effect from 12 May 2005 if the industry fails to submit alternative modifications to ORR by 31 March 2005.  The industry’s alternative proposals must provide for “questions of law to be properly identified and disposed of according to rules and procedures which are: (i) fair (ii) permit the proper application of the rules of law and (iii) allow any party to be represented and/or assisted as they may choose”.  A copy of the final conclusions document, incorporating the C8 notice is available in the related links.
5. Copies of the decision letter, approval notice and proposal for change are available in the related links.
6. A copy of the Network Code is also available from the Network Rail website (see external links).

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