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

1. Introductory Text

2. PART I PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Scope

3. PART II ACCESS TO RAILWAY INFRASTRUCTURE AND SERVICES

   1. 4. Access and transit rights

   2. 5. Access to services

   3. 6. Access to training facilities

4. PART III INFRASTRUCTURE MANAGEMENT

   1. 7. Management independence

   2. 8. Separation between infrastructure management and transport operations

   3. 9. Business Plans

   4. 10. Network Statement

5. PART IV INFRASTRUCTURE CHARGES

   1. 11. Establishing, determining and collecting charges

   2. 12. Infrastructure costs and accounts

   3. 13. Performance scheme

   4. 14. Reservation charges

6. PART V ALLOCATION OF INFRASTRUCTURE CAPACITY

   1. 15. Capacity allocation

   2. 16. Framework agreements

   3. 17. Application for infrastructure capacity

   4. 18. Scheduling and co-ordination

   5. 19. Ad hoc requests

   6. 20. Declaration of specialised infrastructure

   7. 21. Congested infrastructure

   8. 22. Capacity analysis

   9. 23. Capacity enhancement plan

   10. 24. Use of train paths

   11. 25. Special measures to be taken in the event of disruption

7. PART VI REGULATION AND APPEALS

   1. 26. Regulatory body

   2. 27. Appeals to the regulatory body

   3. 28. Competition in the rail services market

   4. 29. Provision of information to the regulatory body

8. PART VII EUROPEAN LICENCES

   1. 30. Prohibition of unlicensed provision of International services

   2. 31. Appointment of licensing authority and grant of European licences

   3. 32. Validity of European licences

   4. 33. Monitoring, suspension and revocation of European licences

9. PART VIII STATEMENTS OF NATIONAL REGULATORY PROVISIONS

   1. 34. Prohibition on operating trains without a statement of national regulatory provisions

   2. 35. Statements of national regulatory provisions (“SNRPs”)

   3. 36. Condition of SNRPs

   4. 37. Referral for Commission’s opinion

   5. 38. Modification of SNRPs by consent

10. PART IX MISCELLANEOUS

    1. 39. Statutory authority to run trains

    2. 40. International groupings

    3. 41. Civil proceedings

    4. 42. Making of false statements etc.

    5. 43. Offences by bodies corporate

    6. 44. Offences outside the United Kingdom

    7. 45. Amendments and revocation

11. Signature

12. 1. SCHEDULE 1

       SERVICES TO BE SUPPLIED TO APPLICANTS

       1. 1. The minimum access package referred to in regulation 5(1) shall...

       2. 2. Track access to services facilities and the supply of services,...

       3. 3. The additional services referred to in regulation 5(5) may comprise;...

       4. 4. The ancillary services referred to in regulation 5(4) may comprise:...

    2. SCHEDULE 2

       ACCESS CHARGING

       1. 1. Principles of access charging

       2. 2. Exceptions to the charging principles

       3. 3. (1) Subject to sub-paragraph (2), for specific investment projects completed—...

       4. 4. (1) The infrastructure manager’s average and marginal charges for equivalent...

       5. 5. If the infrastructure manager intends to modify the essential elements...

       6. 6. Discounts

    3. SCHEDULE 3

       TIMETABLE FOR THE ALLOCATION PROCESS

       1. 1. Date of timetable change

       2. 2. Timetable for the production of the working timetable

    4. SCHEDULE 4

       QUALIFICATIONS FOR EUROPEAN LICENCE

       1. 1. Good repute

       2. 2. Without prejudice to the generality of its powers under paragraph...

       3. 3. (1) For the purposes of paragraph 2, a person has...

       4. 4. (1) Any reference in paragraph 3 to an offence under...

       5. 5. In paragraphs 1 and 2 the reference to any appropriate...

       6. 6. Financial fitness

       7. 7. For the purpose of demonstrating its financial fitness a railway...

       8. 8. The Department shall not find the railway undertaking to be...

       9. 9. Without prejudice to regulation 31(6) the Department may request that...

       10. 10. Professional competence

       11. 11. Insurance cover

    5. SCHEDULE 5

       AMENDMENTS AND REVOCATION

       1. PART I AMENDMENTS

          1. 1. The Railway Fires Act 1905

          2. 2. The Railways Fires Act (1905) Amendment Act 1923

          3. 3. The Insolvency (Northern Ireland) Order 1989

          4. 4. The Enterprise Act 2002

       2. PART II REVOCATION

          1. 5. The Railway Regulations (Northern Ireland) 2003

13. Explanatory Note