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ORR consults on its approach to the regulation of High Speed 1

19 August 2009
ORR/19/09

The Office of Rail Regulation (ORR) today launches a consultation on its approach to the regulation of High Speed 1, the rail line between London St. Pancras and the Channel Tunnel.

Bill Emery, ORR chief executive said:

 “The new high speed line is an important national asset, and we believe the industry needs to understand our approach in carrying out our new responsibilities.

“We expect to regulate High Speed 1 so far as possible in much the same way as the national network, whilst accepting there are differences between High Speed 1 and the national network, and differences between HS1 Limited and Network Rail.”

ORR’s new responsibilities which come into force on 1 October 2009 will cover approving terms of access by train operators to use the line, periodic review of the charges for operation, maintenance and renewal of the infrastructure, and ensuring the effective stewardship of the network by HS1 Limited, the operator of the line. 
Responses to the consultation are sought by 23 September 2009, and following that ORR is expecting to issue its statement about its approach to regulation.

Notes to editors

  1. HS1 Limited is the organisation that operates the infrastructure and stations on the high speed line between London St Pancras and the Channel Tunnel, now called High Speed 1.
  2. Under the Railways (Infrastructure and Asset Management) Regulations 2005 as amended in 2009, and the concession agreement between the Secretary of State for Transport and HS1 Limited made on 14 August 2009, ORR has a number of functions concerning High Speed 1 from 1 October 2009.
    • a new function in the pre-approval of all new framework agreements and of revisions to any existing framework agreements (i.e. track access contracts covering the reservation of capacity for more than one timetable period) for use of High Speed 1. This is in addition to the appeal role ORR already has in respect of the terms of track access and more widely under the regulations;
    • a new responsibility to ensure that HS1 Limited, with due regard to safety and maintaining and improving the quality of infrastructure service, is provided with incentives to reduce the cost of provision of infrastructure and the level of access charges. This will be achieved through the company’s obligations under the concession agreement and the rights and responsibilities conferred on ORR as a result of that agreement which include:
      • provision in the concession agreement for periodic reviews  by ORR of the operation, maintenance and renewal charges;
      • a general duty in respect of asset stewardship in the agreement, requiring the company to secure the operation, maintenance, renewal and replacement of the railway infrastructure in accordance with best practice and in a timely, efficient and economic manner, and with a long-term (40 year) view. The concession agreement defines “best practice” as meaning in respect of HS1 Co the exercise of that degree of skill, diligence, prudence, foresight and practice which would reasonably be expected from a skilled and experienced infrastructure manager engaged in the provision of high speed railway infrastructure.
      • enforcement powers for ORR’s functions under the concession agreement modelled on those in the Railways Act 1993, though without the ability to levy penalties; and
      • an extension of ORR’s statutory information gathering powers to our new responsibilities.

A copy of the consultation document is available on our website: http://www.rail-reg.gov.uk/server/show/nav.67.

Press enquiries

  • ORR press office: 020 7282 2007

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