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 the Office of Rail Regulation(1).
(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 the Office of Rail Regulation.
(3) An appeal made under paragraphs (1) or (2) must be lodged by way of an application in such form and manner as the Office of Rail Regulation may from time to time prescribe, and that Office must make that prescription and details of such manner and form publicly available.
(4) The Office of Rail Regulation 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(2)—
(a)a decision by the Office of Rail Regulation 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.
The Office of Rail Regulation was established in accordance with section 15 of the Railways and Transport Safety Act 2003 (c. 20).