Clarence Yard
Established Member
- Joined
- 18 Dec 2014
- Messages
- 3,272
I thought that it was Network Rail that generally ‘agreed’ to sell/give rights that ORR then has to formally ‘approve’ for them to become valid and ‘firm’.
Are we talking about ‘non-agreed’ rights that ORR specifically ‘directed’ NR to accept? These are really quite unusual cases.
There is such a concept as ‘contingent’ rights. Is that what NR has been selling on the ECML for the last few years but is now saying ‘oh sorry, doesn’t work, oops.’?
Non (NR) agreed rights that are subsequently approved by the ORR are not uncommon, chiefly because NR is not that good at knowing what the real capacity of its network is. The NR “sale of access rights” process is, in law, an internal one and can be very long winded. The Act entitles any operator or potential operator to go direct to the ORR.
Private sector operators will not be able to secure rolling stock or other investments on “contingent rights” - they have to be “firm rights” to be able to sign those type of contracts. And they have to be granted a fair way out from the relevant timetable for those contracts to take practical effect.
So when the ORR makes a decision it has to be sure that any key infrastructure investment is going to be there on the due date. If it gets assurances from the infrastructure provider that it will be there, the rights will be granted. If a scheme subsequently gets cancelled such that trains cannot run, the infrastructure provider should then work out what the “best use” of the network should be and invoke Part J of the Network Code to remove the rights of the trains that cannot now run and pay the requisite compensation.
It has, so far, not done this and is still trying to fit everything in.