The Railways Regulations 1992

Appeals and disputes

9.—(1) Where an infrastructure manager refuses or fails to grant the rights applied for under paragraph (1) or (2) of regulation 8 the applicant international grouping or railway undertaking may by notice in writing appeal to the International Rail Regulator.

(2) A copy of the notice of appeal shall be sent to the infrastructure manager.

(3) On an appeal under paragraph (1), the International Rail Regulator after considering the representations of the appellant and the infrastructure manager shall, if he is satisfied that the rights applied for would not prevent the operation of services already provided by the infrastructure manager or for which access or transit rights have already been granted by the infrastructure manager to any international grouping or railway undertaking either before or after the date of coming into force of these Regulations, by notice in writing to the infrastructure manager, require it to grant the rights applied for subject to the conclusion of the agreement mentioned in paragraph (4) of regulation 8.

(4) In the event of a dispute in the course of negotiations concerning the conclusion of, or modification of, any such agreement as is mentioned in paragraph (4) of regulation 8, other than a dispute falling within paragraph (7), including a refusal by an infrastructure manager to conclude any such agreement, any party to the negotiations may by notice in writing, a copy of which shall be sent to the other party or parties, refer the matter to the International Rail Regulator whose decision on the matter, including a decision as to the terms or conditions of the agreement or modification (including such terms or conditions as specified by him) or requiring the infrastructure manager to conclude an agreement on specified terms and conditions (including as aforesaid), shall be binding on all the parties to the negotiations.

(5) In the event of a dispute concerning the interpretation, effect or application of any such agreement as is mentioned in paragraph (4) of regulation 8, if the agreement so provides, any party to the agreement may by notice in writing a copy of which shall be sent to the other party or parties refer the matter to the International Rail Regulator whose decision shall be binding on the parties to the agreement.

(6) If on a reference to the International Rail Regulator of any dispute under the preceding provisions of this regulation a question arises as to any matter which may, in the opinion of the International Rail Regulator, have safety implications he shall refer the question to the Health and Safety Executive whose opinion on the question shall be taken into account by the International Rail Regulator.

(7) To the extent that a dispute during the course of negotiations concerning the conclusion of, or modification of, an agreement under paragraph (4) of regulation 8 or concerning the interpretation, effect or application of any such agreement is about the conditions required by paragraph (6) of regulation 8 to be included in the agreement or about the railway safety case, the dispute may by notice in writing, a copy of the notice being sent to the other party or parties to the dispute, be referred to the Secretary of State who shall consult the Health and Safety Executive for its opinion on the matter.

(8) The decision of the Secretary of State on any such dispute as is mentioned in paragraph (7) shall be binding on all parties to the dispute.