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

Establishing, determining and collecting charges N.I.

14.—(1) The Department must establish the charging framework and the specific charging rules governing the determination of the fees to be charged in accordance with paragraphs (3) and (4).

(2) Subject to paragraph (7), the infrastructure manager must—

(a) determine the fees to be charged for use of the infrastructure in accordance with the charging framework, the specific charging rules, and the principles and exceptions set out in Schedule 2; and

(b) collect those fees.

(3) Subject to the provisions in paragraphs (1) and (2), the infrastructure manager must –

(a) charge fees for the use of the railway infrastructure for which the infrastructure manager is responsible; and

(b) utilise such fees as are received to fund the infrastructure manager's business.

(4) A service provider must –

(a) charge fees for the use of a service facility for which the service provider is responsible; and

(b) utilise such fees as are received to fund the service provider's business.

(5) Applicants must, subject to the right of appeal to the Office of Rail and Road, pay such fees as are charged by the infrastructure manager or service provider for use of the railway infrastructure or service facility.

(6) Subject to paragraph (7), if the infrastructure manager in its legal form, organisation and decision making functions, is not independent of any railway undertaking, the infrastructure manager must ensure that the functions described in this Part and Schedule 2 are performed by a charging body that is independent in its legal form, organisation and decision-making from any railway undertaking.

[F1 (6A) In paragraph (6) the infrastructure manager is not independent in its organisation or decision-making functions if, in particular—

(a) a railway undertaking or any other legal entity exercises a decisive influence on the infrastructure manager in relation to the infrastructure charging elements of the essential functions, without prejudice to the charging framework established pursuant to this regulation;

(b) a railway undertaking or any other legal entity within the vertically integrated undertaking has decisive influence on appointments and dismissals of persons in charge of taking decisions on the infrastructure charging elements of the essential functions; or

(c) the mobility of persons in charge of the infrastructure charging elements of the essential functions creates a conflict of interest.]

(7) The separation required by paragraph (6) does not apply to the function of the collection of fees charged in accordance with paragraph (2)(b).

(8) The infrastructure manager or service provider must be able to justify that the charges invoiced to each railway undertaking for access to the infrastructure comply with the methodology, rules and, where applicable, scales laid down in the network statement and, where information about the charges imposed is requested by the Office of Rail and Road the infrastructure manager or service provider must supply the information requested.

(9) Infrastructure managers or service providers must co-operate to achieve the efficient operation of train services which cross more than one infrastructure network and should, in particular, aim to guarantee the optimum competitiveness of international rail freight.

(10) Infrastructure managers or service providers may establish such joint organisations as may be appropriate to enable the co-operation referred to in paragraph (9) to be achieved and any such organisations, or co-operation arising out of the operation of such organisations, must be bound by the rules set out in these Regulations.

(11) The infrastructure manager or service provider must respect the commercial confidentiality of information provided to it by applicants for infrastructure capacity.

Textual Amendments

F1 Reg. 14(6A) inserted (15.3.2019) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/15), regs. 1(1), 10(1)