Delay attribution review - Scoping stage consultation

Consultation status
Conclusions published
Date of publication
Closing date

Delay attribution is the process by which the causes of reasons for delays to train services delay are determined both the 'what' and the 'who'.

As part of the 2018 periodic review (PR18) consultation process, we proposed to base future Schedule 8 compensation payments on delay minutes caused by one operator on another (known as ‘TOC-on-TOC’ delay), in place of the current proxy measure –the delay that an operator causes to its own trains (known as ‘TOC-on-self’ delay).

In direct response to this proposal and at other stages of PR18, stakeholders raised a number of concerns with the delay attribution process. The concerns raised ranged from issues with specific delay attribution rules to more fundamental concerns over the effectiveness of governance arrangements and of dispute resolution mechanisms. In addition, stakeholders have also expressed concerns in the past that the delay attribution process consumes a significant proportion of industry resources.

In part due to these arguments, we decided not to implement our Schedule 8 proposal in control period 6(CP6). However, we noted that this decision would provide time to review the effectiveness of the delay attribution process more generally and for any improvements to be implemented ahead of the next periodic review.

In the PR18 final determination, we confirmed that we would begin a review of delay attribution in early 2019.

We envisage the review being split into three stages:

  • a scoping stage;
  • a development/problem solving stage; and
  • an implementation stage.

We launched the scoping stage in January 2019 and published our recommendations report in July 2019.

We expect subsequent stages to be led by industry, with the implementation stage of the review concluding by 2021. The scoping stage report sets out our views on next steps

Scoping stage report
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Consultation letter

Delay attribution review - Scoping stage consultation letter
15 January 2019

Stakeholder event

On 19 February 2019, ORR held a stakeholder event to discuss the current delay attribution system.

Delay attribution review - slides from ORR workshop on 19 February 2019