PART 2 ACCESS TO RAILWAY INFRASTRUCTURE AND SERVICES

4 Access and transit rights
1 A railway undertaking is entitled, on equitable, non-discriminatory and transparent conditions, access rights to such railway infrastructure as may be necessary for the purpose of operating all types of rail freight or ... passenger services.
Word in reg. 4(1) omitted (15.3.2019) by virtue of The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/15), regs. 1(1), 5(a)
2 An international grouping which includes a railway undertaking established in Northern Ireland, for the purpose of operating all types of rail freight or international passenger services, is entitled to such access or transit rights as may be necessary for the provision of international transport services between Northern Ireland and the Republic of Ireland.
Words in reg. 4(2) substituted (31.12.2020) by The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 5; 2020 c. 1, Sch. 5 para. 1(1)
3 The access rights described in paragraph (1) include access to railway infrastructure connecting the service facilities referred to in paragraph 2 of Schedule 1.
4 The access rights described in paragraph (1) for the purposes of operating rail freight services include the right of access to railway infrastructure serving, or potentially serving, more than one final customer.
5 The access rights of a railway undertaking for the purposes of the operation of a passenger service include the right to pick up passengers at any station located on the route and set them down at another....
Words in reg. 4(5) substituted (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), 5(b)(i)
Words in reg. 4(5) substituted (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), 5(b)(ii)
Words in reg. 4(5) omitted (15.3.2019) by virtue of The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/15), regs. 1(1), 5(b)(iii)
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 4(6) omitted (15.3.2019) by virtue of The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/15), regs. 1(1), 5(c)
7 The Office of Rail and Road may, in accordance with regulation 33, limit the rights granted by this regulation to passenger services between a place of departure and a destination where one or more public service contracts cover the same route or an alternative route if the exercise of any such right would compromise the economic equilibrium of the public service contract or contracts in question.
Reg. 4(7) substituted (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), 5(d)
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 4(8) omitted (15.3.2019) by virtue of The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/15), regs. 1(1), 5(e)
9 It is the duty of the infrastructure manager to ensure that the entitlements conferred by this regulation are honoured.
10 Without prejudice to the generality of regulation 32, if a railway undertaking is denied the entitlements conferred on it by this regulation other than pursuant to a decision of the Office of Rail and Road under paragraph (7) and regulation 33 that railway undertaking has a right of appeal to the Office of Rail and Road in accordance with regulation 32.
Words in reg. 4(10) substituted (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), 5(f)