PART 5 ALLOCATION OF INFRASTRUCTURE CAPACITY

Declaration of specialised infrastructure
25. (1) Subject to paragraph (2), all infrastructure capacity must be available for the use of all types of rail transport service which conform to the characteristics necessary for use of that infrastructure, as defined in the infrastructure manager's network statement.
(2) Subject to the provisions set out in paragraph (3), ... an infrastructure manager may designate particular sections of the infrastructure for use by specified types of rail service and, once the infrastructure is so designated, may give priority to that specified type of rail service in the allocation of infrastructure capacity.
Words in reg. 25(2) omitted (31.12.2020) by virtue of The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 17; 2020 c. 1, Sch. 5 para. 1(1)
(3) Those provisions are that—
(a) suitable alternative routes for other types of rail transport service must exist and be available;
(b) before making such a designation the infrastructure manager must consult the Department, the Office of Rail and Road and all other interested parties; and
(c) such designation must not prevent the use of that designated infrastructure by other types of rail transport service when capacity is available