UK Statutory Instrument
2016
United Kingdom
The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
At a glance
Enforced by
What's here
31 compliance obligations
Penalty landscape
1 of 31 obligations carry up to 2 years imprisonment. 1 carries different penalties and 29 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Operator 18
- Any Person 4
- Applicant 3
- Director or Officer 1
Plus 5 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Applicants also bound by 294 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 46 duties
- Human Medicines Regulations 2012 2012 30 duties
- The Land Registration Rules 2003 2003 25 duties
- Value Added Tax Regulations 1995 1995 18 duties
- Space Industry Regulations 2021 2021 14 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Preliminary
Browse 4 other sections in this Part — procedural / definitional / commencement
Amendments and revocations
Interpretation
Scope
Part 2 — Access to Railway Infrastructure and Services
Browse 3 other sections in this Part — procedural / definitional / commencement
Access rights
Access to services
Cross-border agreements
Part 3 — Infrastructure Management and Independence of Undertakings
Browse 6 other sections in this Part — procedural / definitional / commencement
Management independence
Separation of accounts
Independence of service providers from dominant bodies and firms
Indicative railway infrastructure strategy
Business Plans
Network Statement
Part 4 — Infrastructure Charges
Browse 5 other sections in this Part — procedural / definitional / commencement
Establishing, determining and collecting charges
Infrastructure costs and accounts
Performance scheme
Reservation charges
Cooperation in relation to charging systems on more than one network
Part 5 — Allocation of Infrastructure Capacity
Browse 12 other sections in this Part — procedural / definitional / commencement
Capacity allocation
Co-operation in the allocation of infrastructure capacity crossing more than one network
Framework agreements
Application for infrastructure capacity
Scheduling and coordination
reg.24
Declaration of specialised infrastructure
Congested infrastructure
Capacity analysis
Capacity enhancement plan
Use of train paths
Special measures to be taken in the event of disruption
Part 6 — Regulation and Appeals
Browse 8 other sections in this Part — procedural / definitional / commencement
Regulatory body
Appeals to the regulatory body
Regulatory decisions concerning international passenger services
Monitoring the rail services markets
Audits
Provision of information to the regulatory body
Cooperation between regulatory bodies
Enforcement of decisions, directions and notices
Part 7 — The Railway (Licensing of Railway Undertakings) Regulations 2005
Browse 1 other section in this Part — procedural / definitional / commencement
Amendment of the Railway (Licensing of Railway Undertakings) Regulations 2005
Part 8 — Miscellaneous
Browse 8 other sections in this Part — procedural / definitional / commencement
Statutory authority to run trains
Civil proceedings
Making of false statements etc.
Offences by bodies corporate and Scottish partnerships
Restriction on disclosure of information
Breaches of duty outside the United Kingdom
Review
Transitory modifications
Schedules
Access charging
- Set fair and non-discriminatory rail track access charges Operator
Timetable for the Allocation Process
- Establish and publish the national railway working timetable and capacity plan Operator
Accounting information to be supplied to the Office of Rail and Road upon request
- Provide detailed accounting and financial information to the ORR upon request Any Person
Browse 66 other Schedules — structural / supplementary
Amendments
The Railway Fires Act 1905
The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004
The British Transport Police (Police Services Agreement) Order 2004
The Central Rating List (Wales) Regulations 2005
The Central Rating List (England) Regulations 2005
The Railways (Interoperability) Regulations 2011
The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015
The Insolvency Act 1986
The Railways Act 1993
The Greater London Authority Act 1999
The Railways and Transport Safety Act 2003
The Civil Contingencies Act 2004
The Town and Country Planning (Control of Advertisements) Regulations 1992
The London Underground (East London Line Extension) (No. 2) Order 2001
The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002
Services to be supplied to railway undertakings
The minimum access package referred to in regulation 6(1) must...
Access, including track access to services facilities and the supply...
The additional services referred to in regulation 6(11) may comprise—...
The ancillary services referred to in regulation 6(12) may comprise—...
Principles of access charging
Exceptions to the charging principles
(1) Subject to sub-paragraph (2), for specific investment projects completed—...
(1) An infrastructure manager's average and marginal charges for equivalent...
If an infrastructure manager intends to modify the essential elements...
Discounts
Performance Schemes
The working timetable must be established once per calendar year....
The infrastructure managers concerned must also create a mechanism whereby...
When publishing capacity restrictions in accordance with paragraph 9 for...
If the impact of any proposed capacity restrictions is not...
As regards capacity restrictions of a duration of seven consecutive...
Infrastructure managers may decide to apply more stringent thresholds for...
The infrastructure manager may decide not to apply the periods...
The information to be provided by the infrastructure manager when...
As regards the capacity restrictions of a duration of at...
As regards the capacity restrictions of a duration of more...
The change of working timetable must take place at midnight...
The deadline for receipt of requests for capacity to be...
No later than 11 months before the change of the...
The infrastructure manager must prepare and publish a draft working...
The infrastructure manager must decide on the requests it receives...
The infrastructure manager may reschedule an allocated train path if...
In the case of trains crossing from one network to...
As regards temporary restrictions of the capacity of railway lines,...
Basic Principles and Parameters of Contractual Agreements between Competent Authorities and Infrastructure Managers
The contractual agreement referred to in regulation 15(6) must specify...
The accounting information referred to in regulation 35(2) is as...
Transitory modifications
Until the end of 31 December 2020, these Regulations apply...
Special measures to be taken in the event of disruption
Appeals to the regulatory body
Regulatory decisions concerning passenger services
Monitoring the rail services markets
Audits
Cooperation between regulatory bodies
Enforcement of decisions, directions and notices
Interpretation
Scope
Access rights
Infrastructure management: independence; outsourcing and sharing functions and impartiality in respect of traffic management and maintenance planning
Financial transparency
Coordination mechanisms
Independence of the essential functions
Capacity rights
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
Access rights
- Rail infrastructure managers must ensure fair access for rail operators Operator
Cross-border agreements
Other duties (1) — Crown / regulator
- Secretary of State must protect cross-border rail competition Crown / Minister / Government department
Management independence
- Maintain independence of railway management and accounts Any Person
Separation of accounts
- Separately account for rail infrastructure and transport services Operator
Independence of service providers from dominant bodies and firms
- Maintain independent accounts and decision-making for rail service facilities Operator
Business Plans
- Create and consult on a railway business plan Operator
Network Statement
- Develop, publish and update a railway network statement Operator
Infrastructure costs and accounts
- Maintain an asset register and cost-sharing methods Operator
Performance scheme
- Establish and operate a railway performance and disruption scheme Operator
Reservation charges
- Publish criteria and provide info on rail capacity allocation Operator
Capacity allocation
- Allocate rail capacity fairly and manage independence Operator
Co-operation in the allocation of infrastructure capacity crossing more than one network
- Co-operate on train path allocation across multiple networks Operator
Framework agreements
- Agree railway capacity terms through framework agreements Applicant
Application for infrastructure capacity
- Apply for railway infrastructure capacity and train paths Applicant
Scheduling and coordination
- Coordinate track access requests and consult on the timetable Operator
Ad hoc requests
- Infrastructure managers must process ad hoc train path requests within 5 days Operator
Declaration of specialised infrastructure
- Designate specialised railway infrastructure and consult stakeholders Operator
Congested infrastructure
- Declare and manage congested railway infrastructure Operator
Capacity analysis
- Carry out and publish a capacity analysis for congested rail infrastructure Operator
Special measures to be taken in the event of disruption
- Restore rail network operation and maintain disruption contingency plans Operator
Regulatory body
Other duties (1) — Crown / regulator
- ORR must supervise infrastructure charge negotiations and intervene if needed Statutory regulator
Regulatory decisions concerning international passenger services
Other duties (1) — Crown / regulator
- ORR must determine the status and economic impact of international rail services Statutory regulator
Monitoring the rail services markets
Other duties (1) — Crown / regulator
- ORR must monitor rail markets and prevent discrimination Statutory regulator
Civil proceedings
- Liability for breaches of railway regulations and 'due diligence' defence Applicant
Making of false statements etc.
Unlimited fine- Providing false or reckless information to the rail regulator Any Person
Offences by bodies corporate and Scottish partnerships
2 years imprisonment- Personal liability for directors and officers for corporate offences Director or Officer
Breaches of duty outside the United Kingdom
- Comply with UK safety duties even when operating outside the UK Any Person
Review
Other duties (1) — Crown / regulator
- Secretary of State must review the Regulations every five years Crown / Minister / Government department
Browse 19 other sections
Citation, commencement and extent
Amendments and revocations
Interpretation
Scope
Access to services
Indicative railway infrastructure strategy
Establishing, determining and collecting charges
Cooperation in relation to charging systems on more than one network
Capacity enhancement plan
Use of train paths
Appeals to the regulatory body
Audits
Provision of information to the regulatory body
Cooperation between regulatory bodies
Enforcement of decisions, directions and notices
Amendment of the Railway (Licensing of Railway Undertakings) Regulations 2005
Statutory authority to run trains
Restriction on disclosure of information
Transitory modifications
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Network Rail's Network Code | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- Heathrow Spur access | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- Crossrail Central Operating Section (CCOS) access | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- Guidance on our approach to regulating track access | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- Access for freight operators | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- Appeals under The Access and Management Regulations | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- Network statements | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- HS1 periodic reviews and access charges reviews | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- Investing in the rail network: Securing access | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- Market monitoring | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office of Rail and Road
Independent safety and economic regulator for Britain's railways. Regulates health and safety for the mainline rail network, London Underground, light rail, trams, …
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Regulators
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