9.—(1) Any body which incorporates the functions of both infrastructure manager and railway undertaking must—
(a)prepare and publish separate profit and loss accounts and balance sheets in respect of business relating to the—
(i)provision of transport services as a railway undertaking; and
(ii)management of railway infrastructure; and
(b)ensure that public funds granted to such a body is not transferred between that part of the body responsible for the provision of transport services and that responsible for management of railway infrastructure.
(2) Any body which conducts business activities relating to the provision of both rail freight transport services and passenger transport services must—
(a)prepare and publish separate profit and loss accounts and balance sheets in respect of each of these business activities;
(b)account separately for public funds granted for activities relating to the provision of transport services as public service remits in accordance with Article 7 of (EC) Regulation No 1370/2007; and
(c)ensure that public funds granted as described in sub-paragraph (b) are not transferred to activities relating to the provision of other transport services, or any other business.
(3) Accounts for the areas of activity described in paragraphs (1) and (2) must be kept in such a way as to allow for monitoring of—
(a)the prohibition set out in those paragraphs relating to the transfer of public funds; and
(b)the use of income from infrastructure charges and surpluses from other commercial activities.
(4) The monitoring of the observance of public service obligations, where stipulated in the terms of a contract required by regulation 19(11), must be carried out by the Department.