Periodic review 2018: draft determination

Date published: 12 June 2018
Closing date: 31 August 2018

The 2018 periodic review (PR18) is the process through which we determine what Network Rail should deliver in respect of its role in operating, maintaining and renewing its network in control period 6 (CP6) and how the funding available should be best used to support this. CP6 will run from 2019-2024.

Our draft determination sets out our proposed decisions on this, along with our approach for how we will regulate Network Rail’s delivery in CP6. It is a key milestone in PR18. In particular, it reflects our review of Network Rail’s February 2018 strategic business plans (SBPs), which set out what it proposed to deliver in CP6.

Our draft determination includes separate proposed decisions for England & Wales and for Scotland, reflecting legislative requirements relating to how Network Rail is funded.

After reviewing responses to the draft determination, we will make our final decisions and publish these in October 2018. Further information on the PR18 timetable is available.

Press release - England and Wales
Press release - Scotland

How to respond

We would welcome your views on these consultations by 31 August 2018. Please send your response to pr18@orr.gsi.gov.uk using our pro-forma.

Publishing your response

We plan to publish all responses to this consultation on our website. This may include your personal data such as your name and job title.

Should you wish any information that you provide, including personal data, to be treated as confidential, please be aware that this may be subject to publication, or release to other parties or to disclosure, in accordance with the access to information regimes. These regimes are primarily the Freedom of Information Act 2000 (FOIA), the General Data Protection Regulation (GDPR,) the Data Protection Act 2018 (DPA) and the Environmental Information Regulations 2004.

Under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this, if you are seeking confidentiality for information you are providing, please explain why. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on ORR.

If you are seeking to make a response in confidence, we would also be grateful if you would annex any confidential information, or provide a non-confidential summary, so that we can publish the non-confidential aspects of your response.

Any personal data you provide to us will be used for the purposes of this consultation and will be handled in accordance with our privacy notice which sets out how we comply with the General Data Protection Regulation and Data Protection Act 2018.

Consent

In responding to this consultation you consent to us:

  • handling your personal data for the purposes of this consultation;
  • publishing your response on our website (unless you have indicated to us that you wish for your response to be treated as confidential as set out above.)

Your consent to either of the above can be withdrawn at any time. Further information about how we handle your personal data and your rights is set out in our privacy notice.

Format of responses

So that we are able to apply web standards to content on our website, we would prefer that you email us your response either in Microsoft Word format or OpenDocument Text (.odt) format.

If you do send us a PDF document, please:

  • create it from the electronic Word file (preferably using Adobe Acrobat), as opposed to an image scan, where possible; and
  • ensure that the PDF's security method is set to no security in the document properties.

Consultation documents

Main overview documents

Executive summary – England & Wales pdf icon PDF, 202 Kb
Executive summary – Scotland pdf icon PDF, 667 Kb
PR18 draft determination: overview of decisions and approach pdf icon PDF, 2,082 Kb

The draft determination includes a number of supporting documents:

  • supplementary documents providing more detail on our SBP assessment
  • supplementary documents providing more detail on the proposed policy framework for CP6
  • draft settlement documents discussing the proposed settlements we intend to set for the Freight & National Passenger Operator route and System Operator
  • route review summaries for England & Wales routes

Supplementary documents relating to our SBP assessment

Supplementary documents relating to our policy approach

Charges and incentives

  • Overview of charges and incentives decisions pdf icon PDF, 332 Kb – supplementary document
  • Infrastructure cost charges consultation pdf icon PDF, 453 Kb - supplementary document and draft impact assessments:
    • PR18 Infrastructure cost charges – Final impact assessment of units of traffic for levying infrastructure cost charges on open access operators (forthcoming)
    • PR18 Infrastructure cost charges – Final impact assessment on approach for levying infrastructure cost charges on franchised passenger operators (forthcoming)
    • PR18 Infrastructure cost charges – Draft impact assessment on the design of franchised passenger operators’ infrastructure cost charges (forthcoming)
    • PR18 Infrastructure cost charges – Draft impact assessment on the Network Rail methodology for allocating fixed costs to train operators (forthcoming)
  • variable usage charge consultation pdf icon PDF, 402 Kb - supplementary document and draft impact assessment (forthcoming)

Supplementary document – Financial framework pdf icon PDF, 615 Kb
Supplementary document – Review of Network Rail’s network licence pdf icon PDF, 441 Kb

Draft settlement documents

System Operator draft settlement document pdf icon PDF, 605 Kb
Freight & National Passenger Operator draft settlement document pdf icon PDF, 263 Kb
For Scotland, please see the supporting annex to our Scotland executive summary pdf icon PDF, 667 Kb

Route review summaries

The nature of our draft determination decisions in England & Wales, which requires Network Rail to do further planning, means we are not setting out draft settlements for these routes at this point.

We are, however, publishing an overview of our SBP engagement with each route, a summary of our overall decisions in England & Wales and our assessment of the stakeholder engagement that each route undertook to inform its strategic plan. We expect to publish settlement documents for these routes in October 2018.

  • Anglia route review summary (forthcoming)
  • London North Eastern & East Midlands route review summary (forthcoming)
  • London North Western route review summary (forthcoming)
  • South East route review summary (forthcoming)
  • Wales route review summary pdf icon PDF, 197 Kb
  • Wessex route review summary (forthcoming)
  • Western route review summary (forthcoming)