The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. (1) In these Regulations— “the 1995 Directive” means Council Directive...

   3. 3. Scope

3. PART 2 ACCESS TO RAILWAY INFRASTRUCTURE AND SERVICES

   1. 4. Access and transit rights

   2. 5. Access to services

   3. 6. Access to training facilities

   4. 7. Cross-border agreements

4. PART 3 INFRASTRUCTURE MANAGEMENT

   1. 8. Management independence

   2. 8A. Independence of the infrastructure manager

   3. 8B. Outsourcing and sharing the infrastructure manager’s functions

   4. 8C. Impartiality of the infrastructure manager in respect of traffic management and maintenance planning

   5. 9. Separation of accounts

   6. 9A. Financial transparency

   7. 10. Independence of service providers from dominant bodies and firms

   8. 11. Indicative railway infrastructure strategy

   9. 12. Business Plans

   10. 13. Network Statement

   11. 13A. Coordination mechanisms

   12. 13B. European Network of Infrastructure Managers

5. PART 4 INFRASTRUCTURE CHARGES

   1. 14. Establishing, determining and collecting charges

   2. 15. Infrastructure costs and accounts

   3. 16. Performance scheme

   4. 17. Cooperation in relation to charging systems on more than one network

   5. 18. Reservation charges

6. PART 5 ALLOCATION OF INFRASTRUCTURE CAPACITY

   1. 19. Capacity allocation

   2. 20. Co-operation in the allocation of infrastructure capacity crossing more than one network

   3. 21. Framework agreements

   4. 22. Application for infrastructure capacity

   5. 23. Scheduling and co-ordination

   6. 24. Ad hoc requests

   7. 25. Declaration of specialised infrastructure

   8. 26. Congested infrastructure

   9. 27. Capacity analysis

   10. 28. Capacity enhancement plan

   11. 29. Use of train paths

   12. 30. Special measures to be taken in the event of disruption

7. PART 6 REGULATION AND APPEALS

   1. 31. Regulatory body

   2. 32. Appeals to the regulatory body

   3. 33. Regulatory decisions concerning international passenger services

   4. 34. Monitoring the rail services markets

   5. 35. Audits

   6. 36. Duty of certain persons to furnish information to the Department or the Office of Rail and Road

   7. 37. Co-operation between regulatory bodies

8. PART 7 ENFORCEMENT BY THE REGULATORY BODY

   1. 38. Enforcement of decisions, directions and notices

   2. 39. Statement of policy

   3. 40. Procedural requirements for penalties

   4. 41. Interest and payment of instalments

   5. 42. Validity and effect of penalties

9. PART 8 EUROPEAN LICENCES

   1. 43. Prohibition of unlicensed provision of international services

   2. 44. Appointment of licensing authority and grant of European licences

   3. 45. Validity of European licences

   4. 46. Monitoring, suspension and revocation of European licences

   5. 47. Review

10. PART 9 STATEMENTS OF NATIONAL REGULATORY PROVISIONS

    1. 48. Prohibition on operating trains without a statement of national regulatory provisions

    2. 49. Statements of national regulatory provisions (“SNRPs”)

    3. 50. Conditions of SNRPs

    4. 51. Referral for Commission's opinion

    5. 52. Modification of SNRPs by consent

    6. 52A. Monitoring, suspension and revocation of SNRPs issued to holders of European licences”

11. PART 10 MISCELLANEOUS

    1. 53. Statutory authority to run trains

    2. 54. Civil proceedings

    3. 55. Making of false statements etc.

    4. 56. Offences by bodies corporate

    5. 57. Breaches of duty outside the United Kingdom

    6. 58. Revocation

12. Signature

13. 1. SCHEDULE 1

       SERVICES TO BE SUPPLIED TO RAILWAY UNDERTAKINGS

       1. 1. The minimum access package referred to in regulation 5(1) must...

       2. 2. Access including track access to services facilities and the supply...

       3. 3. The additional services referred to in regulation 5(10) may comprise—...

       4. 4. The ancillary services referred to in regulation 5(11) may comprise—...

    2. SCHEDULE 2

       ACCESS CHARGING

       1. 1. Principles of access charging

       2. 2. Exceptions to the charging principles

       3. 3. (1) Subject to subparagraph (2), for specific investment projects completed—...

       4. 4. (1) An infrastructure manager's average and marginal charges for equivalent...

       5. 5. If an infrastructure manager intends to modify the essential elements...

       6. 6. Discounts

       7. 7. Performance Schemes

    3. SCHEDULE 3

       Timetable for the Allocation Process

    4. SCHEDULE 3A

       BASIC PRINCIPLES AND PARAMETERS OF CONTRACTUAL AGREEMENTS BETWEEN COMPETENT AUTHORITIES AND INFRASTRUCTURE MANAGERS

    5. SCHEDULE 4

       QUALIFICATIONS FOR EUROPEAN LICENCE

       1. 1. Good repute

       2. 2. Without prejudice to the generality of its powers under paragraph...

       3. 3. (1) For the purposes of paragraph 2, a person has...

       4. 4. (1) Any reference in paragraph 3 to an offence under...

       5. 5. In paragraphs 1 and 2 the reference to any appropriate...

       6. 6. Financial fitness

       7. 7. For the purpose of demonstrating its financial fitness a railway...

       8. 8. The Department shall not find the railway undertaking to be...

       9. 9. Without prejudice to paragraph 7 the Department may request that...

       10. 10. Professional competence

       11. 11. Insurance cover

    6. SCHEDULE 5

       ACCOUNTING INFORMATION TO BE SUPPLIED TO THE OFFICE OF RAIL AND ROAD UPON REQUEST

       1. 1. The accounting information referred to in regulation 35(2) is as...

       2. 2. Account separation

       3. 3. Monitoring of track access charges

       4. 4. Indication of financial performance

14. Explanatory Note