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 are not transferred between that part of the body responsible for the provision of transport services and that responsible for the management of railway infrastructure.
(2) Accounts for the two areas of activity described in paragraph (1) must be kept in such a way as to reflect the prohibition set out in that paragraph.
(3) The monitoring of the observance of public service obligations, where stipulated in the terms of a contract required by regulation 16(10), must be carried out by bodies or undertakings which do not provide rail transport services.