The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2005

Framework agreements N.I.

16.—(1) Subject to the requirements of this regulation, and without prejudice to articles 81, 82 and 86 of the Treaty, an infrastructure manager may enter into a framework agreement with an applicant for the purposes of specifying the characteristics of the infrastructure capacity required by and offered to the applicant over a period of time exceeding one working time period.

(2) An applicant who is party to a framework agreement may apply for the allocation of capacity in accordance with the terms of that agreement.

(3) Whilst seeking to meet the legitimate commercial needs of the applicant [F1 and without prejudice to paragraph (9B)] , a framework agreement must not specify any train path in detail.

(4) The effect of a framework agreement must not be such as to preclude the use of the railway infrastructure subject to that framework agreement by other applicants or services.

(5) A framework agreement must contain terms permitting the amendment or limitation of any condition contained in that framework agreement if such amendment or limitation would enable more efficient use to be made of the railway infrastructure.

(6) A framework agreement may contain penalties applicable on modification or termination of the agreement by any party.

(7) Other than in circumstances described in paragraphs (8) and [F2 , (9) and (9A)] , a framework agreement made in accordance with paragraph (1) shall in principle be for a period of five years [F3 , renewable for periods equal to its original duration; provided that the infrastructure manager may agree to a shorter or longer period in specific cases.]

(8) [F4 Subject to paragraphs 9 and 9(A),] a framework agreement for a period [F5 longer than five years] must be justified by the existence of commercial contracts, specialised investments or risks.

[F6 (9) Subject to paragraph (9A), a framework agreement in relation to infrastructure which has been designated in accordance with regulation 20(2) (“a designated infrastructure framework agreement”) may be for a period of up to fifteen years where there is a substantial and long-term investment duly justified by the applicant.]

[F7 (9A) A designated infrastructure framework agreement may be for a period in excess of fifteen years in exceptional circumstances, in particular where there is large-scale and long term investment and particularly where such investment is covered by contractual commitments including a multi-annual amortisation plan.

(9B) An application for a designated infrastructure framework agreement to which paragraphs 9 or 9A applies may specify the capacity characteristics, including the frequency, volume and quality of the train paths, to be provided to the applicant for the duration of the framework agreement in sufficient detail to ensure that these are clearly established.

(9C) The infrastructure manager may reduce capacity reserved under the terms of a designated infrastructure framework agreement to which paragraphs 9 or 9A applies where, over a continuous period of at least one month, that capacity has been used less than the threshold quota stipulated in the network statement.]

(10) Whilst respecting commercial confidentiality, the general nature of each framework agreement must be made available by the infrastructure manager to any interested party.

Textual Amendments

F1 Words in reg. 16(3) inserted (1.7.2009) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/222), regs. 1(1)(a), 2(5)(a)

F2 Words in reg. 16(7) substituted (1.7.2009) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/222), regs. 1(1)(a), 2(5)(b)(i)

F3 Words in reg. 16(7) inserted (1.7.2009) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/222), regs. 1(1)(a), 2(5)(b)(ii)

F4 Words in reg. 16(8) inserted (1.7.2009) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/222), regs. 1(1)(a), 2(5)(c)(i)

F5 Words in reg. 16(8) substituted (1.7.2009) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/222), regs. 1(1)(a), 2(5)(c)(ii)

F6 Reg. 16(9) substituted (1.7.2009) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/222), regs. 1(1)(a), 2(5)(d)

F7 Reg. 16(9A)-(9C) inserted (1.7.2009) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/222), regs. 1(1)(a), 2(5)(e)

Commencement Information

I1 Reg. 16 in operation at 15.3.2008, see reg. 1(2)