Amendments to station access agreements
Station access agreements can be amended:
- by agreement between the parties, under the contractual change procedure set out in the relevant station access conditions, subject to the Office of Rail Regulation's (ORR) approval under section 22 of the Railways Act 1993; or
- by directions made by the ORR following an application by the beneficiary for more extensive use of a station under section 22A of the Railways Act 1993.
Amendments not approved or directed by the ORR are void.
The ORR will consider proposed amendments having regard to his statutory duties under section 4 of the Railways Act 1993 and will consult potentially affected parties as appropriate. Where the ORR approves or directs an amendment, a copy of the signed amendment is placed on the ORR's public register (subject to any exclusion of matters which would or might in the opinion of the ORR seriously or prejudicially affect the interests of an individual or body of people under section 71 of the Railways Act 1993).
The ORR has published the following guidance on station change:
- Guidance note no.1: Amendments to station access contracts: An overview
- Guidance note no.2: Station access contractual change procedures: An overview
- Guidance note no.3: Amendments to station access agreements: Statutory and regulatory requirements
- Guidance note no.4: Amendments to station access agreements: Procedures for obtaining specific approval from the Regulator
- Guidance note no.5: Amendments to station access agreements: Procedures for submitting generally approved amendments to the Regulator
- Pro-forma amending agreement (multilateral), Pro-forma amending agreement (bilateral) and pro-forma amending document - prepared to assist station facility owners in documenting any changes to relevant station access agreements
- Updated policy on the exclusion of comercially sensitive material in station access agreements from the public register
The ORR has also published guidance on station charges - A fair deal - which includes guidance on changes to charges resulting from investment in station enhancements. This document is available as a related link.
Section 22(3) of the Railways Act 1993 enables the ORR to give general approvals in advance to the making of certain types of amendments. The ORR has issued a number of general approvals covering non-contentious amendments to station access agreements and station-specific annexes. These set a period (usually 14 days) within which the parties must send a copy of any amendment they have made to the ORR so that they can be placed on the ORR's public register. Please see General Approvals and Consents (related links) for details of the most frequently used general approval documents.
ORR also sent a letter to industry contacts regarding general approvals in November 2004. This letter describes general approvals, sets out the process for submitting generally approved amendments and lists common pitfalls in submissions.
