This is arguably what NR should have used for the ESG timetable rather than try to squeeze everything and having to use Part D of the Network Code.
With Part D, you still have to work within the hierarchy of rights (firm, contingent, aspirational) where as in Part J, you can use a clean sheet approach, if you can justify the “better use”.
However, if you use J10, you have to give at least 18 months notice and you have to compensate users for their loss of rights. If NR feel that the better use nets more industry value than the existing position, it might pay NR to buy off those rights. OA and freight could be very vulnerable when it comes to J10.
When the Network Code becomes the GBR Code, J10, if retained, will remain a very valuable tool to use on a constrained network.