Access for passenger trains

This page sets out information relating to applications for passenger track access contracts. Each of the documents referred to below is available in related links.

Criteria and procedures

Our criteria and procedures document sets out the criteria and procedures we expect applicants to meet in seeking to enter into passenger track access contracts and those we will follow when considering such applications. It also explains the content of and rationale for using the model passenger track access contract and the suite of application forms for seeking ORR's approval. From January 2008, new arrangements apply for obtaining approved track access contracts and amendments to those contracts. These are set out in the Industry code of practice for track access application consultations and a document setting out the level of regulatory scrutiny that ORR expects to give to applications agreed between Network Rail and a train operator. These should be read alongside the criteria and procedures document.

• Industry code of practice for track access application consultations
• Guidance on the level of scrutiny that ORR expects to give to applications for track access contracts and amendments to them under sections 18 and 22 of the Railways Act 1993

Model passenger track access contract

Section 21 of the Railways Act 1993 (the Act) provides for the Office of Rail Regulation (ORR) to prepare and publish model clauses for inclusion in access contracts. It also provides that we shall encourage, and may require, the use of these model clauses wherever we consider it appropriate.

We published a model passenger track access contract on 25 June 2003, following consultation with industry parties. Since then we have published several revised versions, with the most recent being issued on 19 July 2007.

To explain the provisions contained in the passenger model contract, we published guidance on 29 June 2004.

• Letter to industry parties detailing Updates and Revisions to the Passenger Model Contract
• Significant Restrictions of Use - ORR Decision Letter
• Passenger Model Contract dated 19 July 2007 (Word 2000) (PDF version)
• Passenger Model Contract Updates - General Approval
• Passenger Model Contract dated 19 July 2007 - marked up to show changes from October 2004 version
• Table explaining changes made to the Passenger Model Contract on 19 July 2007

Application forms

The application forms to accompany passenger track access applications under each of sections 17, 18, 22 and 22A are available below in Word and PDF format:

• Section 17 - revised 12 June 2008 (Word 2000) (PDF version)
• Section 18 - revised 12 June 2008 (Word 2000) (PDF version)
• Section 22 - revised 12 June 2008 (Word 2000) (PDF version)
• Section 22A - revised 12 June 2008 (Word 2000) (PDF version)

Passenger General Approval

ORR has powers under sections 18 and 22 of the Act to grant general approvals. These may give our approval prospectively, without the need for specific submission and approval, to:

• amendments of a specified description to a particular access agreement;
• amendments of a specified description to access agreements generally, or to access agreements of a particular class or description; and
• access contracts of a specified class or description.

In considering the case for issuing a general approval, we would expect, in particular, to consider the potential impact of future changes thus permitted, and whether they are likely to be so material as to require regulatory scrutiny at the time. Several general approvals have been issued in the past covering the making of amendments to passenger track access agreements. The current general approvals are described below.

The Passenger Access (Short Term Timetable Changes) General Approval 2008 permits Network Rail and a train operator to make to their track access agreement particular types of amendment, subject to certain conditions, without our specific approval. The amendments permitted are described in the general approval, which includes an explanatory note. Any amendments beyond those permitted will require our specific approval under section 22 or directions under section 22A of the Act.

The Passenger Access (Traction Electricity Charges) General Approval 2007 allows changes to be made to the provisions relating to the Traction Electricity Charge in Schedule 7 of the Franchised Passenger Operators track access agreements, effective from 1 April 2007.

As mentioned above, there is also a general approval for updating a passenger access contract with the latest provisions in the passenger model contract.