UK Statutory Instrument SI 2016/645 United Kingdom

The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
ORR
Status
In Force
Penalty ceiling
Imprisonment 1 of 32 obligations carry up to 2 years imprisonment. 1 carries different penalties and 30 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator18 Any Person4 Applicant3 Director or Officer1

Plus 6 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
Any Person — also bound by 2340 other Acts
Applicant — also bound by 307 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties

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.

Schedules

Schedules

3 of 69 shown
s.sch003 Access charging (opens in a new tab) Regulated
  • Set fair and non-discriminatory rail track access chargesOperator
s.sch004 Timetable for the Allocation Process (opens in a new tab) Regulated
  • Establish and publish the national railway working timetable and capacity planOperator
s.sch005 Accounting information to be supplied to the Office of Rail and Road upon request (opens in a new tab) Regulated
  • Provide detailed accounting and financial information to the ORR upon requestAny Person
66 other schedules
s.sch001 Amendments (opens in a new tab)
s.sch001 The Railway Fires Act 1905
s.sch001 The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004
s.sch001 The British Transport Police (Police Services Agreement) Order 2004
s.sch001 The Central Rating List (Wales) Regulations 2005
s.sch001 The Central Rating List (England) Regulations 2005
s.sch001 The Railways (Interoperability) Regulations 2011
s.sch001 The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015
s.sch001 The Insolvency Act 1986
s.sch001 The Railways Act 1993
s.sch001 The Greater London Authority Act 1999
s.sch001 The Railways and Transport Safety Act 2003
s.sch001 The Civil Contingencies Act 2004
s.sch001 The Town and Country Planning (Control of Advertisements) Regulations 1992
s.sch001 The London Underground (East London Line Extension) (No. 2) Order 2001
s.sch001 The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002
s.sch002 Services to be supplied to railway undertakings (opens in a new tab)
s.sch002 The minimum access package referred to in regulation 6(1) must...
s.sch002 Access, including track access to services facilities and the supply...
s.sch002 The additional services referred to in regulation 6(11) may comprise—...
s.sch002 The ancillary services referred to in regulation 6(12) may comprise—...
s.sch003 Principles of access charging
s.sch003 Exceptions to the charging principles
s.sch003 (1) Subject to sub-paragraph (2), for specific investment projects completed—...
s.sch003 (1) An infrastructure manager's average and marginal charges for equivalent...
s.sch003 If an infrastructure manager intends to modify the essential elements...
s.sch003 Discounts
s.sch003 Performance Schemes
s.sch004 The working timetable must be established once per calendar year....
s.sch004 The infrastructure managers concerned must also create a mechanism whereby...
s.sch004 When publishing capacity restrictions in accordance with paragraph 9 for...
s.sch004 If the impact of any proposed capacity restrictions is not...
s.sch004 As regards capacity restrictions of a duration of seven consecutive...
s.sch004 Infrastructure managers may decide to apply more stringent thresholds for...
s.sch004 The infrastructure manager may decide not to apply the periods...
s.sch004 The information to be provided by the infrastructure manager when...
s.sch004 As regards the capacity restrictions of a duration of at...
s.sch004 As regards the capacity restrictions of a duration of more...
s.sch004 The change of working timetable must take place at midnight...
s.sch004 The deadline for receipt of requests for capacity to be...
s.sch004 No later than 11 months before the change of the...
s.sch004 The infrastructure manager must prepare and publish a draft working...
s.sch004 The infrastructure manager must decide on the requests it receives...
s.sch004 The infrastructure manager may reschedule an allocated train path if...
s.sch004 In the case of trains crossing from one network to...
s.sch004 As regards temporary restrictions of the capacity of railway lines,...
s.sch004a Basic Principles and Parameters of Contractual Agreements between Competent Authorities and Infrastructure Managers
s.sch004a The contractual agreement referred to in regulation 15(6) must specify...
s.sch005 The accounting information referred to in regulation 35(2) is as...
s.sch006 Transitory modifications (opens in a new tab)
s.sch006 Until the end of 31 December 2020, these Regulations apply...
s.sch006 Special measures to be taken in the event of disruption
s.sch006 Appeals to the regulatory body
s.sch006 Regulatory decisions concerning passenger services
s.sch006 Monitoring the rail services markets
s.sch006 Audits
s.sch006 Cooperation between regulatory bodies
s.sch006 Enforcement of decisions, directions and notices
s.sch006 Interpretation
s.sch006 Scope
s.sch006 Access rights
s.sch006 Infrastructure management: independence; outsourcing and sharing functions and impartiality in respect of traffic management and maintenance planning
s.sch006 Financial transparency
s.sch006 Coordination mechanisms
s.sch006 Independence of the essential functions
s.sch006 Capacity rights
s.005 Access rights Regulated
  • Rail infrastructure managers must ensure fair access for rail operatorsOperator
s.007 Cross-border agreements Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must protect cross-border rail competitionCrown / Minister / Government department
s.008 Management independence Regulated
  • Maintain independence of railway management and accountsAny Person
s.009 Separation of accounts Regulated
  • Separately account for rail infrastructure and transport servicesOperator
s.010 Independence of service providers from dominant bodies and firms Regulated
  • Maintain independent accounts and decision-making for rail service facilitiesOperator
s.011 Indicative railway infrastructure strategy Regulated
Other duties (1) — Crown / regulator
  • Publish indicative railway infrastructure strategyCrown / Minister / Government department
s.012 Business Plans Regulated
  • Create and consult on a railway business planOperator
s.013 Network Statement Regulated
  • Develop, publish and update a railway network statementOperator
s.015 Infrastructure costs and accounts Regulated
  • Maintain an asset register and cost-sharing methodsOperator
s.016 Performance scheme Regulated
  • Establish and operate a railway performance and disruption schemeOperator
s.017 Reservation charges Regulated
  • Publish criteria and provide info on rail capacity allocationOperator
s.019 Capacity allocation Regulated
  • Allocate rail capacity fairly and manage independenceOperator
s.020 Co-operation in the allocation of infrastructure capacity crossing more than one network Regulated
  • Co-operate on train path allocation across multiple networksOperator
s.021 Framework agreements Regulated
  • Agree railway capacity terms through framework agreementsApplicant
s.022 Application for infrastructure capacity Regulated
  • Apply for railway infrastructure capacity and train pathsApplicant
s.023 Scheduling and coordination Regulated
  • Coordinate track access requests and consult on the timetableOperator
s.024 Ad hoc requests Regulated
  • Infrastructure managers must process ad hoc train path requests within 5 daysOperator
s.025 Declaration of specialised infrastructure Regulated
  • Designate specialised railway infrastructure and consult stakeholdersOperator
s.026 Congested infrastructure Regulated
  • Declare and manage congested railway infrastructureOperator
s.027 Capacity analysis Regulated
  • Carry out and publish a capacity analysis for congested rail infrastructureOperator
s.030 Special measures to be taken in the event of disruption Regulated
  • Restore rail network operation and maintain disruption contingency plansOperator
s.031 Regulatory body Regulated
Other duties (1) — Crown / regulator
  • ORR must supervise infrastructure charge negotiations and intervene if neededStatutory regulator
s.033 Regulatory decisions concerning international passenger services Regulated
Other duties (1) — Crown / regulator
  • ORR must determine the status and economic impact of international rail servicesStatutory regulator
s.034 Monitoring the rail services markets Regulated
Other duties (1) — Crown / regulator
  • ORR must monitor rail markets and prevent discriminationStatutory regulator
s.041 Civil proceedings Regulated
  • Liability for breaches of railway regulations and 'due diligence' defenceApplicant
s.042 Making of false statements etc. Prosecution
  • Providing false or reckless information to the rail regulatorAny Person

Unlimited fine

s.043 Offences by bodies corporate and Scottish partnerships Imprisonment
  • Personal liability for directors and officers for corporate offencesDirector or Officer
s.045 Breaches of duty outside the United Kingdom Regulated
  • Comply with UK safety duties even when operating outside the UKAny Person
s.046 Review Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review the Regulations every five yearsCrown / Minister / Government department
18 other provisions
s.001 Citation, commencement and extent
s.002 Amendments and revocations
s.003 Interpretation
s.004 Scope
s.006 Access to services
s.014 Establishing, determining and collecting charges
s.018 Cooperation in relation to charging systems on more than one network
s.028 Capacity enhancement plan
s.029 Use of train paths
s.032 Appeals to the regulatory body
s.035 Audits
s.036 Provision of information to the regulatory body
s.037 Cooperation between regulatory bodies
s.038 Enforcement of decisions, directions and notices
s.039 Amendment of the Railway (Licensing of Railway Undertakings) Regulations 2005
s.040 Statutory authority to run trains
s.044 Restriction on disclosure of information
s.047 Transitory modifications

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