Economic regulation consultations

Our economic regulation policy consultations and conclusions.

Regulating Network Rail’s land disposals
Closing date: 19 Apr 2019
We have asked for views on our proposed updated arrangements for regulating Network Rail's land disposals. This follows our 2018 periodic review (PR18) of Network Rail’s outputs and funding.


Process for the ORR periodic review of HS1 Ltd 2019 (PR19)
Closing date: 15 Apr 2019
We have sought views on a request from a stakeholder to amend the HS1 Ltd periodic review 2019 (PR19) process. We have now published our conclusions.


Delay attribution review - Scoping stage consultation
Closing date: 29 Mar 2019
Consultation to launch the review of delay attribution. Delay attribution is the process by which the causes of reasons for delays to train services delay are determined both the 'what' and the 'who'.


Statutory consultation on proposed changes to Network Rail’s network licence
Closing date: 31 Jan 2019
This consultation provided the text of the draft revised network licence as well as setting out our policy rationale for a small number of specific areas not covered in the June consultation. We have now published our conclusions.


Periodic review 2018 (PR18) consultations
Closing date: 31 Jan 2019
A complete list of our PR18 consultations in date order.



Consultation on ORR’s approach to assessing the quality of Network Rail’s stakeholder engagement in CP6
Closing date: 25 Jan 2019
This consultation sought views on the scope of our annual assessments of the quality of Network Rail's stakeholder engagement, and on our proposed approach to carrying them out. We have now published our conclusions.


Consultation on ORR’s Holding Network Rail to account policy
Closing date: 25 Jan 2019
We have consulted on a new regulatory policy for holding Network Rail to account for delivery of the commitments in our determination, and the obligations in its network licence. We have now published our conclusions.


PR18 consultation on implementing infrastructure cost charges for open access operators
Closing date: 14 Jan 2019
The purpose of this consultation was to finalise three remaining implementation issues regarding levying infrastructure cost charges on open access services. We have published conclusions to the consultation.


Implementing PR18: consultation on changes to access contracts
Closing date: 31 Aug 2018
This consultation set out the specific changes we propose to make to track and station access agreements to implement our 2018 periodic review (PR18).


Periodic review 2018: draft determination
Closing date: 31 Aug 2018
Our draft determination includes separate proposed decisions for England & Wales and for Scotland, reflecting legislative requirements relating to how Network Rail is funded.


Roles and responsibilities for enhancements in CP6
Closing date: 31 Aug 2018
This document set out the role we propose to have in enhancements in CP6, in relation to that of DfT, Transport Scotland and Network Rail. We welcomed comments on the approach set out, which we will finalise in advance of CP6. We have now published our conclusions.


Financial framework for PR18
Closing date: 24 Apr 2018
This is our third publication on the financial framework for PR18. It follows on from our first consultation (January 2017) and our update letter (December 2017).


Consultation on our approach for assessing Network Rail's efficiency and wider financial performance in CP6
Closing date: 14 Mar 2018
We are setting out an agenda for substantial change to our approach for assessing Network Rail's efficiency and financial performance in control period 6 (CP6). We have sought views on these matters.


Invitation to comment on Network Rail’s strategic business plans for CP6
Closing date: 6 Mar 2018
We have invited views on the strategic plans in Network Rail's SBP submission.


Consultation on improvements to the drafting of Schedules 4, 7 and 8 of the passenger and freight model track access contracts
Closing date: 23 Feb 2018
This consultation invited suggestions for improvements to the clarity, consistency and simplicity of the contractual drafting of Schedules 4, 7 and 8 of the model freight and passenger track access contracts.


PR18 consultation on amending Schedule 4 notification factors
Closing date: 12 Feb 2018
We have now published the conclusions to this consultation, which set out the options we are considering for revising notification factors for franchised passenger operators. Notification factors (set out in Schedule 4 of franchised passenger track access contracts) reduce the rate of compensation paid by Network Rail when it gives early notice of a possession.


Changes to charges and incentives - Consultations
Closing date: 30 Nov 2017
As part of the 2018 periodic review (PR18) of Network Rail, we have reviewed a number of charges and incentives.


Periodic review 2019 (PR19) initial consultation for HS1 Limited
Closing date: 10 Nov 2017
This initial consultation for the periodic review of HS1 Ltd in 2019 (PR19) set out our approach to the periodic review, the proposed timetable, the key inputs required and highlights what ORR anticipates will be the key issues to focus on as the review progresses.


Consultation on new guidance and changes to ORR's economic enforcement policy to reflect Northern Ireland regulations
Closing date: 29 Sep 2017
This was a consultation on draft guidance for the The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016 (the NI Regulations) and proposed changes to our existing economic enforcement policy. This consultation has now concluded.


Consultation on the overall framework for regulating Network Rail
Closing date: 21 Sep 2017
We have consulted on how we propose to regulate Network Rail in CP6.


System operation in control period 6 (CP6)
Closing date: 21 Sep 2017
As well as setting out some decisions we have made on elements of the regulatory framework for the Network Rail national system operator, this consultation sought views on further aspects of the national system operator (NSO) settlement.


Consultation on improving Network Rail’s renewals efficiency
Closing date: 13 Sep 2017
This consultation sought views on what Network Rail, ORR and the wider industry need to do differently to improve renewals efficiency in CP6.


Changes to ORR’s economic enforcement policy and penalties statement to reflect The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
Closing date: 7 Feb 2017
Our conclusions on changes to our economic enforcement policy and penalties statement to reflect The Railways (Access, Management & Licensing of Railway Undertakings) Regulations 2016.


Guidance on Network Rail’s strategic business plans
Closing date: 11 Jan 2017
This consultation sought views on our draft guidance to Network Rail on its strategic business plans for control period 6 (CP6).


Periodic review 2018 (PR18) initial consultation and conclusions
Closing date: 10 Aug 2016
This was our first major consultation on the 2018 periodic review (PR18). This consultation is now closed.


Network Charges - a consultation on how charges can improve efficiency
Closing date: 4 Mar 2016
This consultation looked at the way in which Network Rail charges train operators for use of its network. This consultation is now closed.


Preparatory work for the review of Schedules 4 and 8
Closing date: 15 Jan 2016
We are preparing for reviews Schedules 8 and 4 of the track access contract (the performance and possessions regimes, respectively) for the 2018 periodic review of Network Rail (PR18). This consultation is now closed.


Consultation on improving Schedule 5 of the model freight track access contract
Closing date: 4 Dec 2015
Consultation on some changes we propose to make to Schedule 5 and the associated rights table in the model freight track access contract.


Consultation on Eurotunnel’s Network Statement
Closing date: 18 Sep 2015
Consultation by the Permanent Service of the Bi-national committee of ARAF and ORR. We invite stakeholders to provide their views to us on any aspect of Eurotunnel’s 2017 Network Statement.


Review of ORR’s economic enforcement policy and penalties statement
Closing date: 6 Feb 2015
This consultation document outlined options around how our policy and relevant processes could be improved.


Periodic review 2013 (PR13) consultations
Closing date: 1 Jul 2014
A list of our closed PR13 consultations in date order.


Consultation on implementation of CP5 capacity charge for new open access operators
Closing date: 1 Jun 2014
Consultation about our proposed approach to implement our decision on the capacity charge rates payable by new entrant open access operators (OAOs) during CP5.


HS1 Periodic review 2014 (PR14) draft determination - consultation
Closing date: 4 Apr 2014
Consultation for ORR’s periodic review of HS1 2014 (PR14) draft determination.


On-rail competition: consultation on options for change in open access
Closing date: 24 Jan 2014
This consultation sought views on possible changes in on-rail competition.


Capacity charge baselines for freight, open access passenger and charter operators
Closing date: 23 Jan 2014
ORR and Network Rail joint periodic review 2013 (PR13) consultation on setting capacity charge baselines for control period 5 (CP5) for freight, open access and charter operators.


Network Rail's strategic business plan
Closing date: 17 Jan 2014
In January 2013, we sought stakeholders' views on Network Rail's SBP to help inform our review of the SBP ahead of our draft determination in June 2013.


Implementing PR13 - capacity charge
Closing date: 14 Jan 2014
This consultation sets out the specific changes to track access agreements that we proposed to make to implement our capacity charge policy options. The options were consulted on over the course of the summer and are explained in our consultation letter.


Implementing the EC4T cost reconciliation
Closing date: 14 Jan 2014
This was a consultation on the principles of and changes to the contractual wording for the cost reconciliation (or "cost wash-up") for charges for electric current for traction (EC4T) as part of the 2013 periodic review (PR13). The aim of the proposed changes to the cost reconciliation formula was to better reflect tariff structure, in particular to allow EC4T delivery charges to be reconciled by electricity supply tariff area (ESTA).


Implementing PR13 - charter operators
Closing date: 14 Jan 2014
This consultation set out the specific changes we proposed to make to charter track access agreements to implement our 2013 periodic review (PR13). These reflected the proposed decisions in our draft conclusions on structure of charges and Schedule 8 performance regime for charter operators, issued in September 2013.


Capacity charge for freight operators
Closing date: 14 Jan 2014
This consultation set out our proposed conclusions for the capacity charge for freight operators in control period 5 (CP5), with reference to Rail Delivery Group (RDG)'s proposal.


Capacity charge for franchise and open access passenger for CP5
Closing date: 14 Jan 2014
A consultation on our further thinking on the capacity charge, with a refinement of our proposed option.


Draft conclusions on structure of charges and Schedule 8 performance regime for charter operators
Closing date: 14 Jan 2014
This consultation set out our draft conclusions in relation to charter operators as part of our 2013 periodic review (PR13), in respect of the structure of charges and performance regime.


Consultative letter expanding on the discussion of the capacity charge
Closing date: 14 Jan 2014
This letter expanded on the discussion of the capacity charge in chapter 16 of ORR's draft determination of Network Rail's outputs and funding and, in particular, on the proposal put forward by the Rail Freight Operators' Association (RFOA).


Draft determination
Closing date: 14 Jan 2014
Our draft determination set out our package of overall decisions on the 2013 periodic review (PR13) for consultation. It covered the outputs that Network Rail must deliver, the efficient cost of delivering those outputs, and the access charges the company can levy on train operators for using its network to recover those costs.


Implementing PR13
Closing date: 14 Jan 2014
This consultation set out the specific changes we proposed to make to track and station access agreements and Network Rail's network licence to implement our 2013 periodic review (PR13).


Contingency planning for PR13 implementation
Closing date: 14 Jan 2014
This consultation sought the views of Network Rail and train operators on our proposed contingency plan in the event that there is a delay to the formal implementation of the 2013 periodic review (PR13).


Electricity for traction charges for control period 5
Closing date: 14 Jan 2014
This consultation covered charges for electric current for traction (EC4T), including assumed levels of transmission losses for CP5 and how we proposed to reform the volume wash-up.


Freight specific charge for biomass
Closing date: 14 Jan 2014
This consultation set out our proposals for levying a freight specific charge on biomass. A freight specific charge balances payments for freight costs more fairly between businesses, taxpayers and passengers, recognising the wider benefits that rail freight brings against the costs of subsidising rail freight that would not otherwise travel by road.


Volume incentive
Closing date: 14 Jan 2014
This consultation set out our package of proposals to improve the effectiveness of the volume incentive. These proposals relate to its design and payment rates. The volume incentive is a payment to Network Rail which encourages it to be more responsive to unexpected demand for use of network capacity over and above an agreed level.


Schedules 4 and 8 possessions and performance regimes
Closing date: 14 Jan 2014
Consultation on Schedules 4 and 8 possessions and performance regimes.