The Railways Infrastructure (Access and Management) Regulations 2005

Regulatory body

28.—(1) Section 4 of the Act has effect, to the extent relevant and consistent with the Council Directives, as if the reference to the functions assigned or transferred to the Office of Rail Regulation under or by virtue of Part 1 of the Act included the functions assigned to it under or by virtue of these Regulations.

(2) The Office of Rail Regulation or, in the case of a rail link facility, the Secretary of State, must ensure that charges for the use of railway infrastructure imposed by the infrastructure manager comply with the requirements of Part 4 and Schedule 3.

(3) Subject to paragraph (4), negotiations between an applicant and the infrastructure manager about the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the Office of Rail Regulation and, if such negotiations are likely to contravene the requirements of these Regulations, it shall be the duty of the Office of Rail Regulation to intervene.

(4) Where negotiations described in paragraph (3) relate to the level of infrastructure charges in respect of a rail link facility, references in that paragraph to the Office of Rail Regulation shall be taken to be references to the Secretary of State.

(5) The Office of Rail Regulation must exchange information about its—

(a) work;

(b) decision making principles; and

(c) practice,

with other national regulatory bodies for the purpose of co-ordinating decision making principles across the Community.

(6) Where the Office of Rail Regulation, by virtue of regulations 20(7)(b), 29(4) or 30(2), prescribes the manner and form of any notification, appeal or complaint to be lodged in accordance with those regulations, that Office must make that prescription and details of such manner and form publicly available.