Contingency arrangements for a delay to the statutory implementation of PR18

In July 2018, we consulted on (among other things) a contingency arrangement to cover the scenario where there is a delay to the statutory implementation of PR18 (see chapter 2 of our 'implementing PR18' consultation document).

A delay to implementation might arise if, for example, Network Rail decided to object to our PR18 review notices (to be issued on 20 December 2018). This might lead to us referring our final determination to the Competition & Markets Authority (CMA). As track access charges for CP5 will expire on 31 March 2019, a delay to implementation would mean that Network Rail would quickly run out of funding and not be able to continue to operate.

Following the consultation, we confirmed in our final determination that we were going to ask Network Rail and train operators to include the provision in their track access contracts. Our letter requesting that they do so is available.

Template supplemental agreements

Template supplemental agreements for each type of track access contract are set out below: