Enforcement of HS1 Limited
We discharge our function under regulation 13 of The Railways Infrastructure (Access and Management) Regulations 2005 through monitoring and enforcing HS1 Limited’s compliance with the obligations relating to asset stewardship, reporting and minimal operational standards set out in the Concession Agreement.
Our enforcement powers under the Concession Agreement have been modelled on our enforcement powers under the Railways Act 1993. ORR has powers to make enforcement orders, including preventative action in respect of likely future breaches, and require compliance with an order through seeking an injunction or other relief or remedy. However, we are not able to levy penalties.
HS1 Limited’s failure to comply with an enforcement order which has not been appealed is an event of default under the Concession Agreement, which may lead to termination of the Concession Agreement by the Secretary of State.
We expect to take a proportionate and timely approach to monitoring and enforcement, recognising the processes set out in the Concession Agreement.
In taking enforcement action under our powers in the Concession Agreement we will apply the principles and procedures in our existing economic enforcement policy. This states that we will concentrate on serious or systemic problems and taking a stepped approach to enforcement.
Our Regulatory Statement ( 1709 Kb) sets out in more detail what we expect HS1 Limited to do to comply with its obligations.
Last updated: January 2013.