We are developing our approach to carrying out our future access appeals role. We are preparing for the changes needed to licences and access arrangements for parties outside GBR that will remain subject to our licensing and access regulation.
The Railways Bill makes significant changes to the legal framework for access to GBR infrastructure. Under the Bill:
- ORR will no longer approve or direct access contracts for use of GBR’s infrastructure, as we currently do for Network Rail. Instead, GBR as the directing mind for rail will determine access to its own network;
- ORR will also no longer determine charges or the terms of train performance incentive schemes for use of GBR’s network: these will be set by GBR;
- The Railways (Access, Management, and Licensing of Railway Undertakings) Regulations 2016 (AMRs) will no longer apply to GBR’s infrastructure, although these regulations will continue to apply to GBR’s provision of service facilities including stations and light-maintenance depots; and
- ORR will continue to regulate other UK infrastructure and facility managers under the AMRs and Railways Act 1993 as relevant – meaning that the new access framework will apply to GBR infrastructure but not to other infrastructure managers.
Developing ORR’s process for GBR appeals
The Railways Bill provides ORR with a new appeals role in relation to GBR’s decisions around access and use of its network. In our new appeals role, we must consider whether GBR’s decision, policy or scheme has been made in accordance with public law principles – e.g. whether GBR has acted illegally, irrationally, not followed due process or not honoured legitimate expectations.
We need to ensure that our appeals process is in place for the point at which GBR takes on decision-making powers on access.
In December 2025 we published a discussion document setting out some of the choices that we consider we will need to make in developing our approach to handling future appeals. We received 18 written responses to our discussion document.
Additionally, on 13 and 20 January 2026 we convened two roundtables with industry stakeholders to discuss key issues relating to the design of our future appeals process.
On 4 June 2026 we published the 18 written responses and a summary of all responses and next steps.
We will continue to develop our policy as the Bill progresses through Parliament, considering this feedback.
Proposed ORR approach to access contracts granted by non-GBR facility owners
Non-GBR facility owners currently grant access to a range of infrastructure and facilities (e.g. the high speed 1 line, Core Valley Lines, and numerous depots and stations around the country) and have their own access contracts and Codes in place. Where these facilities and infrastructures remain outside of GBR these contracts will remain subject to existing access legislation - either or both of the Railways Act 1993 (RA93) and The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 - and will continue to be regulated by ORR.
Due to wider changes in legislation, these non-GBR facility owners will need to identify and make changes to their existing access contracts as a result of the Railways Bill. We have written to industry to make them aware of this and plan to consult in early 2027 on changes that may be necessary to their contracts.
Non-GBR licences
While GBR will hold a licence issued by the Secretary of State, many other operators and infrastructure managers will continue to hold licences issued by ORR. These non-GBR licence holders will continue to include devolved, freight and open access train operators, infrastructure managers, station operators and light maintenance depot operators.
Some licence conditions in non-GBR operators’ licences will need to be updated to reflect rail reform, the proposed GBR licence and the development of new industry arrangements, such as the Passenger Watchdog’s new roles.
In July 2026 we published a discussion document outlining our emerging thinking and seeking stakeholders' views to inform our policy approach to updating non-GBR licences. In Autumn 2026 we will publish a policy consultation with detailed proposals for updates to non-GBR licences, informed by responses to our July discussion document.