Sought views on draft updated access guidance in preparation for the Department for Transport's (DfT) intended revocation of 4 access related implementing regulations.
Consultation update
4 March 2024
The new guidance was published on 4 March 2024 following the coming into force of The Railways (Revocation and Consequential Provision) Regulations 2024.
- Guidance on the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016, as amended - Access to the rail network and service facilities, infrastructure management and appeals
- Criteria & procedures for the approval of station access agreements
- Criteria & procedures for the approval of depot access agreements
- Guidance on duration of track access agreements (framework agreements)
- Industry code of practice for track access application consultations
- Criteria and procedures for the approval of framework agreements on the HS1 network
- ORR guidance on the assessment of new international passenger services
- Starting mainline rail operations
Consultation outcome
10 January 2024
We have clarified two points in the draft guidance documents. A summary of responses and the clarifications are set out in the annex to our conclusions letter.
We will now await the outcome of the Parliamentary process. Should the implementing regulations be revoked as planned, we will publish the new guidance documents promptly.
August 2023 consultation
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Start date: 25 August 2023
Closing date: 6 October 2023
We seek feedback on our draft updated guidance in advance of the revocation, so that the railway industry may understand its implications and can use the relevant guidance as soon as the implementing regulations are revoked.
We do not think that any of our proposed changes to the guidance result in a substantial policy change, as the implementing regulations build on policy principles contained in other legislation.
We have removed the specific requirements and processes described in the implementing regulations. This means that railway businesses will in future have a choice whether to continue with current policies and processes developed in response to the implementing regulations (which we consider will normally achieve compliance with The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (AMRs), or to do something different provided they continue to meet the requirements of the AMRs.
We have produced a table which lists all the proposed changes to our guidance. It is appended to the consultation letter.
We have also produced an updated version of each guidance document so that the changes can be viewed in context.