ORR consults on its initial guidance on appeals under the Railways Infrastructure (Access and Management) Regulations 2005

30 November 2005
ORR/44/05

The Office of Rail Regulation has today launched its initial guidance on how it will approach appeals under the new Railways Infrastructure (Access and Management) Regulations 2005, which came into force on 28 November 2005. The Regulations transpose into United Kingdom law part of the European Union (EU) First Railway Package. The access provisions in the Regulations confer additional rights and obligations on applicants and facility owners beyond those in the existing access regime.

The ORR guidance sets out a number of principles that it will adopt in considering appeals under the Regulations. ORR also clarifies how it intends to deal with the concept of ‘viable alternative’, which is the critical new criterion for all parties to use when considering access to facilities. ORR expects facility owners and applicants to take its guidance into when responding or seeking access to railway facilities or services.

Notes for editors:

1. On 28 November 2005,  the Railways Infrastructure (Access and Management) Regulations 2005 and the Railway (Licensing of Railway Undertakings) Regulations 2005 transposing and implementing the requirements of the First Package of EU Directives became law in Great Britain. Full details can be found on the DfT’s website.

2. The Regulations provide a right of appeal to ORR for any applicant that feels aggrieved and considers it has been wrongly denied access to a facility or service or that the terms for obtaining access are unreasonable or discriminatory.

3. Initial Guidance on Appeals to ORR under the Railways Infrastructure (Access and Management) Regulations 2005 is available here.

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