|
| |
|
| |
| |
“the 1974 Act” means the Health and Safety at Work etc. Act 1974 |
| |
| |
“railway safety purposes” has the meaning given by paragraph 1. |
| 5 |
(2) | In this Schedule a reference to the safety functions of the Office of Rail |
| |
Regulation is a reference to— |
| |
(a) | its functions under this Schedule; |
| |
(b) | its functions under the 1974 Act; and |
| |
(c) | its other functions so far as carried out for the railway safety |
| 10 |
| |
(3) | In section 53(1) of the 1974 Act (interpretation of Part 1), after the definition |
| |
of “prohibition notice” insert— |
| |
“‘railway safety purposes’ has the same meaning as in Schedule |
| |
3 to the Railways Act 2005;”. |
| 15 |
| |
| |
Reviews by ORR of access charges and licence conditions |
| |
| |
1 | Schedule 4A to the 1993 Act (review of access charges by ORR) is amended |
| |
| 20 |
Conduct of access charges reviews |
| |
2 | For paragraph 1 (meaning of access charges review) substitute— |
| |
| |
1 | This Schedule applies where an access agreement provides, or is |
| |
treated as providing, for the Office of Rail Regulation to undertake |
| 25 |
reviews of the terms of that agreement as to— |
| |
(a) | the amounts payable under the agreement by one of the |
| |
parties to the other; and |
| |
(b) | the times at which, and the manner in which, those |
| |
| 30 |
| |
1A (1) | Where the Office of Rail Regulation undertakes such a review, it |
| |
must, at the same time, review the conditions of every linked |
| |
| |
(a) | in relation to the matters mentioned in paragraph 1(a) and |
| 35 |
| |
(b) | in relation to the matters about which that Office is |
| |
provided with information under paragraph 1D. |
| |
|
| |
|
| |
|
(2) | A review by that Office of both— |
| |
(a) | the terms of an access agreement as to the matters |
| |
mentioned in paragraph 1(a) and (b), and |
| |
(b) | the conditions of a linked licence, |
| |
| is referred to in this Schedule as an access charges review. |
| 5 |
(3) | An access charges review must include a consideration of— |
| |
(a) | the time at which the next access charges review is to be |
| |
undertaken in relation to both the access agreement in |
| |
question and every linked licence; and |
| |
(b) | the circumstances in which it would be appropriate to |
| 10 |
undertake such a review before that time. |
| |
(4) | In this Schedule ‘linked licence’, in relation to an access |
| |
agreement, means a licence of which the holder is— |
| |
(a) | the facility owner, or installation owner, who is a party to |
| |
| 15 |
(b) | a person other than that owner who has an estate or |
| |
interest in the railway facility or network installation to |
| |
which the agreement relates or who has a right over it. |
| |
Response to request to carry out review |
| |
| 20 |
(a) | the Secretary of State or the Scottish Ministers suggest to |
| |
the Office of Rail Regulation that an access charges review |
| |
should be carried out in any case, but |
| |
(b) | that Office decides not to carry out the suggested review, |
| |
| that Office must provide the Secretary of State or Scottish |
| 25 |
Ministers with its reasons for that decision. |
| |
Notice of access charges review |
| |
1C (1) | Before beginning an access charges review, the Office of Rail |
| |
Regulation must give notice of its proposal to undertake the |
| |
review to each of the following— |
| 30 |
(a) | the Secretary of State; |
| |
(b) | the Scottish Ministers; |
| |
| |
(d) | the parties to the access agreement in question; and |
| |
(e) | such other persons as that Office considers appropriate. |
| 35 |
(2) | No notice is required to be given under sub-paragraph (1) to the |
| |
Secretary of State or the Scottish Ministers— |
| |
(a) | in the case of the Secretary of State, if the facility or |
| |
installation to which the relevant agreement relates is |
| |
situated wholly in Scotland; or |
| 40 |
(b) | in the case of the Scottish Ministers, if the facility or |
| |
installation to which the relevant agreement relates is |
| |
situated wholly in England and Wales. |
| |
(3) | A notice under this paragraph must set out— |
| |
|
| |
|
| |
|
(a) | the period to which the Office of Rail Regulation expects |
| |
the review to relate (‘the review period’); |
| |
(b) | the date by which the Secretary of State, the Scottish |
| |
Ministers or (as the case may be) each of them needs to |
| |
provide the information that has to be provided under |
| 5 |
| |
(c) | any conditions which that Office requires to be satisfied in |
| |
the period ending with that date if it is to proceed with the |
| |
| |
(4) | The period set out under sub-paragraph (3)(a) must be the one |
| 10 |
| |
(a) | begins with the time as from which the Office of Rail |
| |
Regulation expects that any changes resulting from the |
| |
review would fall to be implemented; and |
| |
(b) | ends with the time as from which it thinks it likely (in the |
| 15 |
absence of special circumstances making an earlier review |
| |
appropriate) that any changes resulting from the next |
| |
access review in relation to the same agreement and licence |
| |
would fall to be implemented. |
| |
(5) | The date set out under sub-paragraph (3)(b) must be not less than |
| 20 |
the following period after the date of the notice— |
| |
(a) | in a case which the Office of Rail Regulation is satisfied is |
| |
a case of urgency, four weeks; and |
| |
(b) | in any other case, three months. |
| |
(6) | Before setting out a date under sub-paragraph (3)(b) that is less |
| 25 |
than three months after the date of the notice, the Office of Rail |
| |
Regulation must consult each of the persons to whom the notice is |
| |
| |
Duty to notify ORR about desired outputs and finances |
| |
1D (1) | Where a notice under paragraph 1C is given to the Secretary of |
| 30 |
State, he must provide the Office of Rail Regulation with— |
| |
(a) | information about what he wants to be achieved by |
| |
railway activities in Great Britain as a whole during the |
| |
| |
(b) | such information as it is reasonable for him to provide |
| 35 |
about the public financial resources that are or are likely to |
| |
become available to be applied during the review period |
| |
for purposes that contribute (directly or indirectly) |
| |
towards the achievement of what he wants. |
| |
(2) | Where a notice under paragraph 1C is given to the Scottish |
| 40 |
Ministers (whether instead of or as well as to the Secretary of |
| |
State), they must provide the Office of Rail Regulation with— |
| |
(a) | information about what they want to be achieved by |
| |
Scottish railway activities during the review period; and |
| |
(b) | such information as it is reasonable for them to provide |
| 45 |
about the public financial resources that are or are likely to |
| |
become available to be applied during that period for |
| |
purposes that contribute (directly or indirectly) towards |
| |
the achievement of what they want. |
| |
|
| |
|
| |
|
(3) | The information that may be provided as falling within sub- |
| |
paragraph (1)(a) or (2)(a) includes objectives and standards to be |
| |
achieved in the course of carrying on railway activities. |
| |
(4) | Those objectives and standards may include, in particular, |
| |
objectives and standards with respect to any of the following |
| 5 |
| |
(a) | the capacity (in terms of types and numbers of trains) of |
| |
| |
(b) | the frequency of railway passenger services; |
| |
| 10 |
(d) | reliability of railway services (both in terms of punctuality |
| |
| |
(e) | the taking of measures to prevent or mitigate |
| |
| |
(f) | levels and types of fares; |
| 15 |
(g) | the quality of information provided to passengers; |
| |
(h) | the accessibility of railway services to people with |
| |
| |
(i) | the carrying out of major projects to improve railway |
| |
| 20 |
(j) | the protection of persons from dangers arising from the |
| |
| |
(5) | In a case where information is also required to be provided by the |
| |
Scottish Ministers, the information that is required to be provided |
| |
by the Secretary of State does not include— |
| 25 |
(a) | any information about what he wants to be achieved by |
| |
Scottish railway activities not relating to cross-border |
| |
| |
(b) | information about any public financial resources so far as |
| |
they appear to him to be available, or to be likely to become |
| 30 |
available, to be applied for purposes relating only to such |
| |
| |
(6) | An obligation of the Secretary of State or the Scottish Ministers to |
| |
provide information under this paragraph— |
| |
(a) | must be discharged before the date set out in the notice |
| 35 |
given under paragraph 1C or, if a later date is fixed under |
| |
sub-paragraph (7), by that later date; but |
| |
(b) | may be discharged by a notification that refers that Office |
| |
to information previously provided under this paragraph. |
| |
(7) | The Office of Rail Regulation may at any time, by notice to each of |
| 40 |
the persons to whom the notice under paragraph 1C was given, fix |
| |
a later date for the provision of information under this paragraph. |
| |
| |
(a) | the Secretary of State, nor |
| |
(b) | the Scottish Ministers, |
| 45 |
| are required to provide information for the purposes of a review |
| |
at any time after a decision has been made by the Office of Rail |
| |
Regulation not to proceed with the review because of an actual or |
| |
|
| |
|
| |
|
expected failure of the conditions set out under paragraph 1C(3)(c) |
| |
| |
(9) | In this paragraph ‘railway activities’ means activities consisting |
| |
in, or involving, any of the following— |
| |
(a) | providing railway services; |
| 5 |
(b) | making available railway facilities; |
| |
(c) | making use of such facilities; |
| |
(d) | using railway assets; |
| |
(e) | allowing others to use such assets. |
| |
(10) | In this paragraph ‘Scottish railway activities’ means activities |
| 10 |
which are railway activities by reference only to— |
| |
(a) | railway services which begin and end in Scotland; |
| |
(b) | railway services in relation to which financial assistance is |
| |
provided by the Scottish Ministers and which (without |
| |
falling within paragraph (a)) begin or end in Scotland; |
| 15 |
(c) | railway facilities that are situated in Scotland; or |
| |
(d) | railway assets so situated. |
| |
(11) | In this paragraph ‘public financial resources’ means any of the |
| |
| |
(a) | money charged on and payable out of the Consolidated |
| 20 |
| |
(b) | money provided by Parliament; |
| |
(c) | money payable out of the Scottish Consolidated Fund. |
| |
Suggestions about future reviews |
| |
1E | Where the Secretary of State or the Scottish Ministers provide the |
| 25 |
Office of Rail Regulation with information under paragraph 1D, |
| |
he or they may also, at the same time, make a suggestion to that |
| |
Office setting out his or their opinion about— |
| |
(a) | when the next access charges review should be undertaken |
| |
in relation to both the access agreement in question and |
| 30 |
every linked licence; and |
| |
(b) | the circumstances in which it would be appropriate to |
| |
undertake such a review before that time. |
| |
Revision of outputs and financial information |
| |
1F (1) | If, at any time in the course of an access charges review, it appears |
| 35 |
to the Office of Rail Regulation that— |
| |
(a) | the information that has been provided to it by the |
| |
Secretary of State or the Scottish Ministers under |
| |
| |
(b) | the information, taking it all together, that has been so |
| 40 |
provided by the Secretary of State and the Scottish |
| |
| |
| shows that the public financial resources that are or are likely to |
| |
become available will be inadequate to secure the achievement of |
| |
what he or they, or both of them, want to be achieved, that Office |
| 45 |
|
| |
|
| |
|
must so notify the Secretary of State or the Scottish Ministers or (as |
| |
the case may be) each of them. |
| |
(2) | The Office of Rail Regulation must send a copy of every |
| |
notification under sub-paragraph (1) to the Treasury. |
| |
(3) | On being notified under sub-paragraph (1), the Secretary of State |
| 5 |
or the Scottish Ministers or (as the case may be) each of them— |
| |
(a) | may revise any information provided to the Office of Rail |
| |
Regulation, together with any suggestion made under |
| |
| |
(b) | if the information or such a suggestion is revised, must |
| 10 |
notify the revisions to that Office. |
| |
(4) | Any notification under sub-paragraph (3) must be given within |
| |
whatever period is specified by the Office of Rail Regulation when |
| |
notifying the Secretary of State or Scottish Ministers in accordance |
| |
| 15 |
(5) | Where the Office of Rail Regulation has already given a |
| |
notification under this paragraph with respect to any information, |
| |
it is required to give a further notification under this paragraph |
| |
with respect to that information, or any revision of it, only if— |
| |
(a) | a revision has been made in response to its previous |
| 20 |
| |
(b) | it has not previously given a notification in respect of an |
| |
earlier revision of the information. |
| |
Duty to have regard to information about desired outputs and finances etc |
| |
1G (1) | The Office of Rail Regulation must conduct an access charges |
| 25 |
review in the manner that it considers is most likely to secure that |
| |
the implementation of the review will make the best and most |
| |
practicable contribution to the achievement of— |
| |
(a) | what the Secretary of State wants to be achieved by railway |
| |
activities in Great Britain as a whole; and |
| 30 |
(b) | what the Scottish Ministers want to be achieved by Scottish |
| |
| |
(2) | Where in the case of an access charges review the Office of Rail |
| |
Regulation considers (notwithstanding any notification or |
| |
revision under paragraph 1F) that the public financial resources |
| 35 |
that are or are likely to become available will be inadequate to |
| |
secure the achievement of, as the case may be— |
| |
(a) | everything that the Secretary of State wants to be achieved, |
| |
(b) | everything that the Scottish Ministers want to be achieved, |
| |
| 40 |
(c) | everything that both the Secretary of State and the Scottish |
| |
Ministers want to be achieved, |
| |
| it is to be for that Office to determine, for the purposes of the |
| |
review, how much of what is wanted should be achieved using |
| |
(but only for the purposes for which they may be applied) all the |
| 45 |
public financial resources that it considers are or are likely to be |
| |
| |
|
| |
|
| |
|
(3) | In considering the matters mentioned in paragraph 1A(3), the |
| |
Office of Rail Regulation must have regard to any suggestion |
| |
made under paragraph 1E, and to any revision of that suggestion. |
| |
(4) | For the purposes of this paragraph— |
| |
(a) | expressions used in this paragraph and in paragraph 1D |
| 5 |
have the same meanings in this paragraph as in that; |
| |
(b) | what the Secretary of State or the Scottish Ministers want |
| |
must be determined in every case in accordance with the |
| |
information provided in that case under paragraph 1D, |
| |
and with any revisions notified under paragraph 1F(3)(b); |
| 10 |
| |
(c) | the Office of Rail Regulation must have regard to the |
| |
financial information so provided and revised whenever |
| |
considering what is likely to make the best and most |
| |
practicable contribution to the achievement of what the |
| 15 |
Secretary of State or the Scottish Ministers want.” |
| |
| |
3 | Paragraph 3 (which provides for consideration of when the next review |
| |
should be undertaken) shall cease to have effect. |
| |
| 20 |
4 (1) | In paragraph 4 (review notice), after sub-paragraph (2) insert— |
| |
“(2A) | Before giving a review notice specifying modifications of a linked |
| |
licence that are proposed for purposes connected with securing— |
| |
(a) | what the Secretary of State has informed the Office of Rail |
| |
Regulation he wants to be achieved by any railway |
| 25 |
| |
(b) | what the Scottish Ministers have informed that Office they |
| |
want to be achieved by any such activities, |
| |
| that Office must consult the Secretary of State or (as the case may |
| |
| 30 |
(2) | In sub-paragraph (4) of that paragraph, before paragraph (a) insert— |
| |
“(za) | if the Secretary of State was given notice of the review |
| |
under paragraph 1C, the Secretary of State; |
| |
(zb) | if the Scottish Ministers were given notice of the review |
| |
under that paragraph, those Ministers; |
| 35 |
| |
| |
5 | In paragraph 6(3) (service of termination notice), before paragraph (a) |
| |
| |
“(za) | if the Secretary of State was given notice of the review |
| 40 |
under paragraph 1C, the Secretary of State; |
| |
(zb) | if the Scottish Ministers were given notice of the review |
| |
under that paragraph, those Ministers;”. |
| |
|
| |
|