ORR’s conclusions on changes to its economic enforcement policy and penalties statement to reflect The Railways (Access, Management & Licensing of Railway Undertakings) Regulations 2016.
Outcome of the December consultation
Changes to our enforcement policy were required to reflect The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (the A&M Regulations). The A&M Regulations implement EU Directive 2012/34/EU - the recast of the First Railway Package. The Recast Directive repeals and consolidates previous EU legislation and makes some substantive changes to the law.
This consultation began on 6 December 2016 and closed on 7 February 2017. Consultation responses were received from four stakeholders, and we have responded to all points raised.
We decided to delay publication of the final policy to allow for further consultation during the summer to account for the Northern Irish A&M Regulations. Feedback from stakeholders suggests that a standalone enforcement policy for Northern Ireland would provide the necessary clarity they seek in relation to these regulations. We have therefore decided to publish an enforcement policy for licence holders and relevant operators in Great Britain and will publish a separate policy and penalties statement specifically for relevant operators in Northern Ireland in due course.
The December consultation
This was a consultation on revisions to ORR’s economic enforcement policy and penalties statement.
The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 gives ORR a new power to impose a penalty where a party has failed to comply with a decision, direction or notice issued under these Regulations.
In practice, this means that we can impose a penalty on parties such as, but not limited to, infrastructure managers, service providers and facility owners in Great Britain. Our policy provides an overview of all parties that are in scope. Our approach to enforcing licence compliance remains largely unchanged.