Network Statement
10.—(1) The infrastructure manager must, following consultation with all interested parties, develop and publish a network statement containing the information described in paragraph (4).
(2) Where, by virtue of regulations 11(4) or 15(3) a charging body or, as the case may be, allocation body is responsible for the functions of the infrastructure manager in Parts 4 or 5, that charging body or allocation body must provide the infrastructure manager with such information as is necessary to enable that infrastructure manager to—
(a)include the information described in paragraph (4) in the network statement; and
(b)keep the network statement up to date in accordance with paragraph (5).
(3) A service provider who is not the infrastructure manager must provide the infrastructure manager with such information as is necessary to enable that infrastructure manager to—
(a)include the information described in paragraph (4)(b) and, where applicable, (d) in the network statement; and
(b)keep the network statement up to date in accordance with paragraph (5).
(4) The information referred to in paragraph (1) is—
(a)a section setting out the nature of the railway infrastructure which is available to applicants and the conditions of access to it;
(b)details as to where further information may be obtained about the nature of the track access to, and supply of services in, any of the service facilities to which access may be obtained pursuant to regulation 5;
(c)a description of the charging principles and tariffs, including details of the charging methodology, exceptions to the charging principles, and discounts;
(d)details for the supply of those services listed in Schedule 1 which are provided by only one supplier;
(e)a description of the principles and criteria for the allocation of infrastructure capacity, setting out the general capacity characteristics of the infrastructure available and the restrictions on its use, including likely capacity requirements for maintenance;
(f)the procedures and deadlines in the capacity allocation process and specific criteria employed in that process, in particular—
(i)the procedures according to which applicants can request infrastructure capacity from the infrastructure manager;
(ii)the information to be provided by applicants;
(iii)the timetable for the application and allocation process;
(iv)the principles governing the co-ordination process, in particular the arrangement of international train paths, and the effect the modification of such paths might have on other infrastructure managers;
(v)the dispute resolution procedure established in accordance with regulation 18(5);
(vi)details of any section of railway infrastructure which has been designated for use by specified types of rail services in accordance with regulation 20;
(vii)the procedures to be followed for congested infrastructure, and any priority criteria for the allocation of congested infrastructure set in accordance with regulation 21(5) and (6);
(viii)the findings of any capacity enhancement plan completed in accordance with regulation 23;
(ix)details of restrictions on the use of infrastructure;
(x)the threshold quota to be applied by the infrastructure manager in requiring a train path to be surrendered under regulation 24(1); and
(xi)the conditions relating to previous levels of utilisation of capacity to be taken into account by the infrastructure manager in determining priorities in accordance with regulation 24(3); and
(g)the measures taken by the infrastructure manager to ensure fair treatment of freight services and international services, and in responding to ad hoc requests for infrastructure capacity.
(5) The infrastructure manager must keep the network statement up to date and modify it as necessary.
(6) The infrastructure manager must publish the network statement not less than four months before the deadline for applications for infrastructure capacity as described under paragraph (4)(f)(iii).
(7) Any fee charged by the infrastructure manager for the provision, on request, of a copy of the network statement must not exceed the cost of producing that copy.
(8) If the information required under paragraphs (2) or (3) is not provided to the satisfaction of the infrastructure manager, he may refer the matter to the Department for a determination as to whether additional information must be supplied.
(9) Where a matter is referred to the Department in accordance with paragraph (8), it is the duty of the Department to make the determination within such period as is reasonable in all the circumstances, and any such determination shall be binding on all parties.