Consultation outcome
On 26 February 2019, we published a statutory consultation detailing the proposed changes to conditions in operators licences and SNRPs for CP6 following the PR18 review of Network Rail’s licence. Separate to PR18, in the same statutory consultation we also proposed changes to the Disabled People’s Protection Policy condition in licences and SNRPs to replace the terms 'Disabled People’s Protection Policy' and 'DPPP' with 'Accessible Travel Policy' and 'ATP'.
The licence and SNRP holders listed in Schedules 1 to 3 of the Modification Notice agreed to these changes. Today we are publishing the Modification Notice formalising the changes.
Notice of modification of the licences
Published 29 July 2019
February 2019 consultation
In connection with our 2018 periodic review of Network Rail’s outputs and funding, we have proposed changes to licence conditions relating to membership of the Rail Safety and Standards Board (RSSB) and safety and standards. We have also proposed to rename the term 'Disabled People’s Protection Policy' found in licence conditions to 'Accessible Travel Policy'.
We have previously consulted on the changes we are making to Network Rail’s network licence at the start of control period 6 (CP6), on 1 April 2019. Some of the conditions we are changing also appear in licences and Statements of National Regulatory Provisions (SNRPs).
We have made licence holders aware of the changes and are proposing formally to modify the relevant conditions in licences and SNRPs at the start of CP6.
Obligations in the Safety and standards licence/SNRP condition requires the holder to be a member of Rail Safety and Standards Board (“RSSB”) and to comply with the Railway Group Standards it issues. Aspects of the condition have become outdated, risking confusion for licence holders, particularly in relation to their duties under safety and interoperability legislation. With the support of RSSB’s Industry Standards Coordination Committee, we have developed a proposal to revise it.
As part of our July 2018 consultation on a draft network licence for Network Rail, we outlined our intention to bring the condition up to date, including the ability for Network Rail to request the right to leave RSSB without being in conflict with its licence obligations. We formalised our proposals in our 20 December 2018 statutory consultation.
We have recognised the importance of consistent approaches at the operator/infrastructure interface and therefore, as expected, are proposing formally in this statutory consultation modifications to the equivalent licence and SNRP conditions, including the ability of operators to cease RSSB membership without contravening their licences (or SNRPs) with ORR approval.
Separate to PR18, we proposed in our consultation of 14 November 2018, Improving Assisted Travel, to change the Disabled People’s Protection Policy (“DPPP”) condition in licences and SNRPs so that these terms are no longer used. After taking responses into account, we are proposing formally to modify the conditions of licences/SNRPs to replace the terms 'Disabled People’s Protection Policy' and 'DPPP' with 'Accessible Travel Policy' and 'ATP'.
Consultation document
Notice of statutory consultation on changes to licence and SNRP conditions: RSSB membership, safety and standards and Disabled People’s Protection Policies
Published 26 February 2019
Additional notice of statutory consultation for Freightliner Ltd
Published 14 June 2019
Additional notice of statutory consultation for West Coast Railway Company Ltd
Published 21 June 2019
Further information
Changes to licence conditions
1 February 2019