ORR investigation of Network Rail’s Wales & Western region’s compliance with the network licence

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On 29 November 2023 we opened an investigation into Network Rail’s Wales & Western region’s compliance with the Network Licence. This was because despite the delivery of planned improvement activities, the train performance levels experienced by customers continued to be below expectations.

Page updated on 26 September 2024.

Investigation outcomes

On 29 May 2024 we published the findings of our investigation. We also gave notice that we propose to make an order setting out the actions Network Rail needs to take.

Our final investigation report sets out why we think Network Rail is contravening condition one of its licence.

Our Notice and draft Final Order sets out what we propose to require Network Rail to do to address train performance in the region. This includes setting out improvement plans that will deliver sustainable performance improvements, including further developing its plan for the Thames Valley section of the Western route known as ‘Project Brunel’.

The draft final order was subject to a three week consultation period. During this time, we received representations from four organisations, including Network Rail.   
 
We considered these representations and advised Network Rail that we had decided to make the final order without any changes.

In summary, the order required Network Rail to produce by 31 August 2024 a robust and evidenced plan identifying those further activities that it will undertake to secure compliance with condition 1 of the network licence.

If, by 31 October 2024, ORR was satisfied that Network Rail had failed to produce the plan in accordance with the final order, Network Rail would have been required to pay the reasonable sum of £3 million. 

Network Rail provided its plan to ORR by the date specified. We have carried out a review of the plan and advised Network Rail that it meets the first part of the final order. Network Rail is therefore not required to pay the reasonable sum of £3 million, which would have become payable if the plan had not met this requirement. ORR will now monitor the implementation of the plan in accordance with the second part of the order.