5.—(1) Any—
(a)railway undertaking;
(b)infrastructure manager;
(c)staff of an infrastructure manager performing safety critical tasks; or
(d)employee of any railway undertaking,
who is denied the entitlements conferred on it or him by, as the case may be, regulation 4(1),(2), (3) or (5) has a right of appeal to [F1the Office of Rail and Road].
(2) In relation to training services to which regulation 4(4) applies a railway undertaking or infrastructure manager who considers that the price charged for access to those services is unreasonable or discriminatory has a right of appeal to [F1the Office of Rail and Road].
(3) An appeal made under paragraphs (1) or (2) must be lodged by way of an application in such form and manner as [F1the Office of Rail and Road] may from time to time prescribe, and that Office must make that prescription and details of such manner and form publicly available.
(4) [F1The Office of Rail and Road] must, within two months of the date of receipt of all relevant information in relation to an appeal to which this regulation applies—
(a)make a decision on; and
(b)where appropriate, issue a direction to the person against whose decision or action the appeal is brought to remedy the situation arising out of,
an appeal brought under this regulation.
(5) Without prejudice to the right of any person to make an application to the court under Part 54 of the Civil Procedure Rules 1998(1)—
(a)a decision by [F1the Office of Rail and Road] on an appeal brought under this regulation is binding on all parties affected by that decision; and
(b)it is the duty of any person to whom a direction is given under this regulation to comply with and give effect to that direction.
Textual Amendments
F1Words in reg. 5 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 10(n)
Commencement Information