Regulatory Timeline: Rail

Published on 7th Oct 2015

“Network Rail continues to be in the spotlight. Its investment programme is beset
by budget overruns and delays. These have triggered no less than three reviews
into its operations past, present and future. The most significant of these is being
conducted by Nicola Shaw, Chief Executive of High Speed 1, looking into how the
government should approach the longer-term future shape and financing of
Network Rail.

Meanwhile, TOCs have seen an unexpected additional franchise come to the
market, due to Stagecoach and the Department for Transport being unable to
agree the terms of the anticipated direct award extension to the South West
Trains franchise. The ORR approval of a 10-year track access contract between
Network Rail and Great North Western Railway, allowing the Alliance Rail
subsidiary to compete with Virgin Trains on the West Coast Mainline, and the consultation by the Competition and
Markets Authority into options for increasing competition in the passenger rail market, are encouraging signs for open
access operators but may signal challenges ahead for franchised operators.”

October 2015 – Consultation on Crossrail 2

A consultation on the detailed route of Crossrail 2 is expected to open in October
2015. If the scheme is approved, Crossrail 2 will serve the South East, linking south
west and north east London. The Crossrail 2 Growth Commission is expected to
report in Spring 2016. 

October 2015 – Network Rail 

We are expecting that both Peter Hendy’s report on a sustainable rail investment
programme and the re-planning of Control Period 5, and Colette Bowe’s report on
better investment planning, will be published shortly. 

8 October 2015 – Agreement reached on the political pillar of the fourth railway package

European Union Transport Ministers have agreed on the principles of the fourth railway package that will open domestic rail markets across Europe and reduce barriers to entry. In particular, train operators will be able to set up commercial services in member states to compete with incumbents, or bid for public service contracts (subject to new restrictions on when a non-competitive direct award of such a contract can be made).

16 October 2015 – Consultation on operation of
the rail network 

Office of Rail and Road (“ORR”) consultation on the operation of the rail network, by
Network Rail and others, and the rail network’s expansion closes on 16 October
2016. This consultation will be used by ORR to prepare the five yearly review (2019
to 2024) of what is required of Network Rail. 

16 October 2015 – Competition in passenger rail
services 

The Competition and Markets Authority (“CMA”) consultation on competition in
passenger rail services also closes on 16 October 2016. The consultation relates to
the CMA’s policy project on whether increasing competition in passenger rail services
could lead to better value for money and improved service quality. 

November 2015 – South Western passenger rail
franchise 

The Department for Transport is expected go out to tender for the South Western
passenger rail franchise during November 2015.

1 December 2015 – Northern passenger rail
franchise

Contract award is expected for the Northern passenger rail franchise. Abellio
Northern Ltd, Arriva Rail North Limited and Govia Northern Limited are in the running.

1 December 2015 – TransPenine Express
passenger rail franchise 

Contract award is expected for the TransPennine Express passenger rail franchise.
First Trans Pennine Express Limited, Keolis Go-Ahead Limited and Stagecoach
Trans Pennine Express Trains Limited are all in the running.

December 2015 – West Coast passenger rail
franchise 

The DfT is expected to go out to tender for the West Coast and West Midlands
passenger rail franchises in December 2015.

1 March 2016 – Network Rail 

We expect Nicola Shaw’s review on the longer-term future shape and financing of
Network Rail to be published. 

1 June 2016 – East Anglia passenger rail 

Contract award expected for the East Anglia passenger rail franchise. 

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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