UK Statutory Instrument SI 2005/3049 United Kingdom

The Railways Infrastructure (Access and Management) Regulations 2005

Status
In Force
Penalty ceiling
Imprisonment 1 of 34 obligations carry up to 2 years imprisonment. 2 carry different penalties and 31 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator23 Applicant3 Any Person2 Director or Officer1

Plus 5 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 746 other Acts
Applicant — also bound by 307 other Acts
Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

PRELIMINARY

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent
s.002 Amendments, repeals, revocations and transitional provisions
s.003 Interpretation
s.004 Scope
Part 2

ACCESS TO RAILWAY INFRASTRUCTURE AND SERVICES

3 of 3 sections shown
s.005 Access and transit rights Regulated
  • Infrastructure manager must honour access and transit rights for international groupings and freight servicesOperator
s.006 Access to terminals and ports Regulated
  • Grant terminal and port access in a fair, transparent mannerOperator
s.007 Access to services Regulated
  • Provide non-discriminatory access to rail services and facilitiesOperator
Part 3

INFRASTRUCTURE MANAGEMENT

4 of 4 sections shown
s.008 Management independence Regulated
  • Maintain independence and publish separate accounts for freight and public serviceOperator
s.009 Separation between infrastructure management and transport operations Regulated
  • Prepare separate accounts and prevent cross-subsidisation of public fundsOperator
s.010 Business Plans Regulated
  • Prepare and maintain business plans for infrastructure or operationsOperator
s.011 Network Statement Regulated
  • Develop, publish and keep up to date a network statement for your railway infrastructureOperator
Part 4

INFRASTRUCTURE CHARGES

3 of 4 sections shown
s.013 Infrastructure costs and accounts Regulated
Other duties (1) — Crown / regulator
  • ORR must set conditions for balanced accounts and cost incentivesStatutory regulator
s.014 Performance scheme Regulated
  • Establish a performance scheme to reduce disruption and improve performanceOperator
s.015 Reservation charges Regulated
Other duties (1) — Crown / regulator
  • Pay reservation charges for unused railway capacityStatutory regulator
1 other section in this Part — procedural and definitional
s.012 Establishing, determining and collecting charges
Part 5

ALLOCATION OF INFRASTRUCTURE CAPACITY

9 of 12 sections shown
s.016 Capacity allocation Regulated
  • Allocate rail infrastructure capacity fairly and non‑discriminatorilyOperator
s.018 Framework agreements Regulated
  • Infrastructure managers must comply with framework agreement rulesOperator
s.019 Application for infrastructure capacity Regulated
  • Submit application for rail infrastructure capacity according to timetableApplicant
s.020 Scheduling and co-ordination Regulated
  • Infrastructure manager must schedule rail capacity fairly and consult on timetablesOperator
s.021 Ad hoc requests Regulated
  • Handle ad hoc capacity requests within 5 working days and publish spare capacity infoOperator
s.022 Declaration of specialised infrastructure Regulated
  • Make rail capacity available to all conforming services and follow rules for specialised designationsOperator
s.023 Congested infrastructure Regulated
  • Declare and manage congested rail infrastructureOperator
s.024 Capacity analysis Regulated
  • Carry out capacity analysis of congested rail infrastructureOperator
s.027 Special measures to be taken in the event of disruption Regulated
  • Restore normal operation and maintain a disruption contingency planOperator
3 other sections in this Part — procedural and definitional
s.017 Co-operation in the allocation of infrastructure capacity crossing more than one network
s.025 Capacity enhancement plan
s.026 Use of train paths
Part 6

REGULATION AND APPEALS

2 of 5 sections shown
s.028 Regulatory body Regulated
Other duties (1) — Crown / regulator
  • ORR must ensure rail infrastructure charges comply with regulationsStatutory regulator
s.030 Competition in the rail services markets Regulated
Other duties (1) — Crown / regulator
  • ORR must monitor competition in rail services and act on complaintsStatutory regulator
3 other sections in this Part — procedural and definitional
s.029 Appeals to the regulatory body
s.031 Provision of information to the regulatory body
s.032 The International Rail Regulator
Part 7

MISCELLANEOUS

6 of 8 sections shown
s.033 Statutory authority to run trains Regulated
  • Automatic statutory authority to run trains on granted access or transit rightsApplicant
s.035 International Groupings Regulated
  • Fail to comply with railway regulations as part of an international groupingAny Person
s.036 Civil proceedings Regulated
  • Comply with key rail access and management regulations (duties actionable by affected persons)Applicant
s.037 Making of false statements Prosecution
  • Make a false or misleading statement to the rail regulatorAny Person

Unlimited fine

s.038 Offences by bodies corporate and Scottish partnerships Imprisonment
  • Director or partner personally liable for company/partnership railway offenceDirector or Officer
s.039 Restriction on disclosure of information Regulated
Other duties (1) — Crown / regulator
  • ORR must keep confidential business information obtained under these RegulationsStatutory regulator
2 other sections in this Part — procedural and definitional
s.034 Application of enactments concerning railways
s.040 Offences outside the United Kingdom
Schedules

Schedules

7 of 20 shown
s.sch003 Principles of access charging Regulated
  • Ensure railway infrastructure charging scheme is compliant and non-discriminatoryOperator
s.sch003 Exceptions to the charging principles Regulated
  • Set access charges fairly and without excluding viable market segmentsOperator
s.sch003 (1) An infrastructure manager’s average and marginal charges for equivalent... Regulated
  • Set non‑discriminatory access charges and show compliance in network statementOperator
s.sch003 If an infrastructure manager intends to modify the essential elements... Regulated
  • Publish charging system changes three months in advanceOperator
s.sch003 Discounts Regulated
  • Comply with discount rules for railway infrastructure chargesOperator
s.sch004 Date of timetable change Regulated
  • Establish working timetable and set change datesOperator
s.sch004 Timetable for the production of the working timetable Regulated
  • Follow the working timetable production timeline (capacity requests, international paths, draft timetable)Operator
13 other schedules
s.sch001 The Parliamentary Commissioner Act 1967
s.sch001 The House of Commons Disqualification Act 1975
s.sch001 The Northern Ireland Assembly Disqualification Act 1975
s.sch001 Railways Act 1993
s.sch001 The Greater London Authority Act 1999
s.sch001 The Channel Tunnel Rail Link Act 1996
s.sch001 Railways and Transport Safety Act 2003
s.sch001 Scottish Parliament (Disqualification) Order 2003
s.sch002 The minimum access package referred to in regulation 7(1) shall...
s.sch002 Track access to services facilities and the supply of services...
s.sch002 The additional services referred to in regulation 7(5) may comprise—...
s.sch002 The ancillary services referred to in regulation 7(6) may comprise—...
s.sch003 (1) Subject to sub-paragraph (2), for specific investment projects completed—...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.