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Regulator sets out approach for an efficient and high-performing HS1

30 October 2009
ORR/22/09

The UK’s first high-speed line, High Speed 1 (HS1), will be regulated to ensure that it is efficient and high-performing, the Office of Rail Regulation (ORR) announced today.

In October this year ORR was given new responsibilities by the government for HS1 - the rail link between London St. Pancras and the Channel Tunnel - to ensure that the operation of the high speed line would be subject to normal regulatory supervision.

Following industry consultation ORR expects that the new HS1 regulatory model will follow the way in which ORR regulates the national network with due recognition of the differences between HS1 and the national network, and HS1 Limited and Network Rail.

The new regulation of HS1 will be underpinned by:

  • pre-approval of track access by train operators to use the line;
  • a periodic review every five years of the track access, maintenance and renewal charges; and
  • oversight of the effective stewardship of the network by HS1 Limited. This requires the company to secure the operation, maintenance, renewal, and replacement of the railway infrastructure in accordance with industry best practice.

Bill Emery, ORR chief executive, said:

“The UK’s first high speed line must provide a service which is safe, meets the needs of rail users and also gives value for money.

“We are committed to supporting international and domestic passenger services, and also using the full potential for freight services.

“We will  work with neighbouring regulators and infrastructure managers to develop the Channel Tunnel corridor as a whole, and through our role in regulating the national network and HS1, we expect operators to make the best use of the capacity that is available.”

Notes to editors

  1. A copy of the ORR statement is available on our website: http://www.rail-reg.gov.uk/upload/pdf/hs1-regulation-orr-statement-301009.pdf.
  2. A copy of the reasons document is available on our website: http://www.rail-reg.gov.uk/upload/pdf/hs1-reasons-document-301009.pdf.
  3. A copy of the MOU document is available on our website: http://www.rail-reg.gov.uk/upload/pdf/mou-hs1-oct09.pdf.
  4. 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.
  5. Further information on the regulation of HS1 is available on our website: http://www.rail-reg.gov.uk/server/show/ConWebDoc.9825
  6. 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. 

ORR Press Office

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