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 128 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 71 duties
- Payment Services Regulations 2017 2017 41 duties
- Air Navigation Order 2016 2016 34 duties
- The Quarries Regulations 1999 1999 31 duties
- Reservoirs Act (Northern Ireland) 2015 2015 22 duties
Any Person also bound by 770 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
- Licensing Act 2003 2003 78 duties
Applicants also bound by 149 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 22 duties
- Value Added Tax Regulations 1995 1995 20 duties
- Human Medicines Regulations 2012 2012 20 duties
- Space Industry Regulations 2021 2021 12 duties
- Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 2017 10 duties
Directors and Officers also bound by 229 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 21 duties
- Economic Crime and Corporate Transparency Act 2023 2023 18 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
Part 2 — Access to Railway Infrastructure and Services
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
Browse 1 other section in this Part — procedural / definitional / commencement
Access to services
Part 3 — Infrastructure Management and Independence of Undertakings
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
Browse 1 other section in this Part — procedural / definitional / commencement
Part 4 — Infrastructure Charges
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
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 5 — Allocation of Infrastructure Capacity
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
Browse 2 other sections in this Part — procedural / definitional / commencement
Capacity enhancement plan
Use of train paths
Part 6 — Regulation and Appeals
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
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 7 — The Railway (Licensing of Railway Undertakings) Regulations 2005
Browse 1 other section in this Part — procedural / definitional / commencement
Part 8 — Miscellaneous
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 3 other sections in this Part — procedural / definitional / commencement
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 exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Browse 47 other unclassified sections
Citation, commencement and extent
Amendments and revocations
Interpretation
Scope
Access rights
Access to services
Cross-border agreements
Management independence
Separation of accounts
Independence of service providers from dominant bodies and firms
Indicative railway infrastructure strategy
Business Plans
Network Statement
Establishing, determining and collecting charges
Infrastructure costs and accounts
Performance scheme
Reservation charges
Cooperation in relation to charging systems on more than one network
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
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
Amendment of the Railway (Licensing of Railway Undertakings) Regulations 2005
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
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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