The Railways Regulations 1998

Allocation of infrastructure capacity: application outside Great Britain

12.—(1) On receipt by a GB allocation body from an EEA allocation body of a copy of an application for access or transit rights made to the EEA allocation body, the GB allocation body shall immediately send a copy of the application to any relevant infrastructure manager.

(2) As soon as possible but in any event no later than three weeks after receiving all relevant information relating to the application, any such infrastructure manager shall decide whether to grant or to refuse the application in respect of the infrastructure which it manages and shall immediately after making the decision inform the GB allocation body thereof.

(3) As soon as possible but in any event no later than one week after being informed of the decision of each relevant infrastructure manager, the GB allocation body shall inform the EEA allocation body of each such decision.

(4) If an application for infrastructure capacity is refused, the GB allocation body shall give to the EEA allocation body the reasons for such refusal, and if such an application is granted the GB allocation body shall promptly notify the International Rail Regulator of that decision and provide him with the following particulars—

(a) the name of the applicant, railway undertaking or international grouping;

(b) the name of the GB allocation body, each relevant infrastructure manager and relevant EEA allocation body; and

(c) brief particulars of the access or transit rights granted.

(5) Paragraphs (9) to (19) and (21) of regulation 11 shall have effect in relation to applications to which this regulation applies with the following modifications—

(a) subject to sub-paragraph (c) references to any relevant EEA allocation body shall be disregarded;

(b) in paragraph (9) the reference to the applicant shall be read as a reference to the EEA allocation body acting at the request of the applicant; and

(c) in paragraph (15) the reference to each relevant EEA allocation body shall be read as a reference to the EEA allocation body.