ORR - THE OFFICE OF RAIL REGULATION - WWW.RAIL-REG.GOV.UK

Enforcement of the network licence

Sections 55-58 of the Railways Act 1993, provide ORR with the statutory mechanism to enforce licence conditions.  ORR  published a draft Enforcement policy and Penalties Statement which set out our powers to enforce licence conditions and impose penalties, and the criteria we would take into consideration when deciding whether to take action or impose a penalty. ORR has also consulted on a proposed health and safety enforcement policy.

The purpose of the Enforcement Policy and Penalties Statement is to describe how we will use our licence enforcement powers to ensure that the public interest is protected, that the industry delivers a safe, high quality, and efficient service to passengers and freight customers which represents value for money, and to be transparent as to the approach we are likely to adopt in individual cases. The policy describes how ORR, as economic regulator of the rail industry, will ensure that Network Rail, train operators and others comply with the public interest obligations in their operating licences, and the approach ORR will adopt to imposing financial penalties for failure to deliver.

ORR closely monitors Network Rail's performance against its licence obligations. The enforcement regime requires the ORR to take action to require the network operator to comply with its licence obligations if it is in breach, or where the Regulator is satisfied that a breach is likely.

If ORR considers that enforcement action is not in the public interest, ORR is required to issue a notice saying why it has not taken action. Such notices are placed on ORR's public register and website (see below).

Documentation

31 Jul 2008 PDF ORR's letter on Network Rail's plan for reviewing project delivery (89 Kb)
14 May 2008 PDF Penalty for continuing breach for new year overrun (57 Kb)
14 May 2008 PDF Section 57c Notice of penalty for continuing breach for new year overrun (1195 Kb)
13 May 2008 PDF WCRM - Network Rail delivery plan (141 Kb)
13 May 2008 PDF WCRM - Reasons for accepting plan (576 Kb)
9 May 2008 Responses to proposed fine for Network Rail's new year overrun
9 May 2008 ORR confirms £14m penalty for Network Rail
23 Apr 2008 PDF Final order for continuing breach of Condition 7 (126 Kb)
9 Apr 2008 Responses to Proposed changes to our economic penalties statement
28 Feb 2008 PDF Report of ORR's investigation into engineering overruns (537 Kb)
28 Feb 2008 PDF Covering letter from Bill Emery to Iain Coucher 28 Feb 2008 (245 Kb)
28 Feb 2008 PDF Section 56 notice document - 28 February 2008 (134 Kb)
28 Feb 2008 PDF Section 57C notice document - 28 February 2008 (99 Kb)
28 Feb 2008 PDF WCRM orders s55 provisional order - 28 February 2008 (26 Kb)
28 Feb 2008 PDF WCRM reasons s55 provisional order - 28 February 2008 (26 Kb)
28 Feb 2008 PDF Breach of Condition 9 of the network licence - 28 February 2008 (25 Kb)
28 Feb 2008 PDF Annex 3 to Report of ORR's investigation into engineering overruns (2944 Kb)
10 Jan 2008 PDF Infrastructure Capability - letter to NR regarding completion of final milestones in the recovery plan (103 Kb)
6 Sep 2007 PDF Portsmouth Resignalling - enforcement - letter to NR (32 Kb)
6 Sep 2007 ORR confirms penalty of £2.4m on Network Rail for poor planning and risk assessment
6 Sep 2007 PDF Portsmouth Resignalling - enforcement - notice (156 Kb)
13 Aug 2007 PDF Portsmouth Resignalling - enforcement - letter from NR (211 Kb)
30 Jul 2007 Network Rail faces penalty for poor planning
26 Jul 2007 PDF Breach of Licence Obligations in respect of Portsmouth Resignalling Project, June 2007 (28 Kb)
12 Apr 2006 PDF Infrastructure Capability – Breach of Network Licence - Letter from Network Rail (48 Kb)
12 Apr 2006 PDF Notice, in accordance with Section 57C of the Railways Act 1993 as amended, of the Office of Rail Regulation’s decision to impose a penalty on Network Rail Infrastructure Limited (84 Kb)
2 Mar 2006 Network Rail faces penalty over inaccurate infrastructure information
1 Mar 2006 Responses to ORR's Enforcement policy and penalties statement