Consultation on amendments to the model freight track access contracts

Changes we consulted on

We proposed to delete the whole of paragraph 5 (Amendment of the Rights Table) of Schedule 5 to all three of the freight track access model contracts. As a consequence of this, we also proposed to delete the following definitions from paragraph 1 (Definitions) of Schedule 5 as these are only used within paragraph 5 of Schedule 5:

1. “Principal Change Date”; and
2. “Subsidiary Change Date”.

GB Railfreight Limited response summary

GB Railfreight Limited (GBRf) supported the deletion of paragraph 5 of Schedule 5 of the freight model contracts however requested that the definitions of ‘Principal Change Date’ and ‘Subsidiary Change Date’ should remain as these are used elsewhere in Schedule 5. We accept GBRf’s observation and will retain the definitions of ‘Principal Change Date’ and ‘Subsidiary Change Date’.

Detailed response (by email):

• Schedule 5, Paragraph 5: GB Railfreight has no concerns with ORR’s proposal to remove the whole of Paragraph 5 however the Schedule 5 Definitions of “Principal Change Date” and “Subsidiary Change Date” need to remain as defined terms. These specific terms are used in Schedule 5 of FOCs’ track access contracts as a means of limiting firm and contingent access rights to specific timetable end-dates. It is in common use and, therefore, is right that these defined terms remain in the Schedule 5 section.
• Amendment to Paragraph 18.4.2 Right to Modify: GB Railfreight has no concerns with this proposed amendment.  
• Clause 18.8 (Crossrail) and Schedule 11 (Crossrail modifications): GB Railfreight has no concerns with these proposed amendments. 

Network Rail Infrastructure Limited response summary

Network Rail supported the deletion of paragraph 5 of Schedule 5.

Detailed response (by email) - Updates to Freight model contracts

Thank you for the opportunity to comment on ORR’s “Amendments to the model freight track access contracts” consultation issued on 31 January 2024. Network Rail is supportive of the changes in the consultation, further detail is provided below:

• 18.4.2 – Right to modify: When Network Rail’s registered address was changed in 2023 the current wording of 18.4.2 exposed a difference in how the details on page 1 and Schedule 1 could be amended. The change proposed in this consultation will mean there is a consistent approach to amending the details of either party should they change in the future.
• Paragraph 5 of Schedule 5: This clause has not been used since its addition to the model freight contract. Any changes to windows in freight contracts are negotiated and applied for via the Supplemental Agreement process. Network Rail has no objection to this paragraph being removed.
• Clause 18.8 (Crossrail) and Schedule 11 (Crossrail modifications): As this clause is now redundant Network Rail has no objection to its removal.

Other changes

In addition to changes related to the implementation of PR23 we will also be making two further updates to the freight model track access contracts as set out below:

• Amendment to 18.4.2 Right to Modify. New wording will allow for name and address details at page one of the contract as well as at Schedule 1 to be updated by giving notice to relevant parties.
• Crossrail. We are deleting clause 18.8 (Crossrail) and Schedule 11 (Crossrail modifications). 

We plan to publish all responses to this consultation on our website.

Should you wish for any information that you provide to be treated as confidential, please be aware that this may be subject to publication, or release to other parties or to disclosure, in accordance with the access to information regimes. These regimes are primarily the Freedom of Information Act 2000 (FOIA), the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 (DPA) and the Environmental Information Regulations 2004.

Under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this, if you are seeking confidentiality for information you are providing, please explain why. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on ORR.

If you are seeking to make a response in confidence, we would also be grateful if you would annex any confidential information, or provide a non-confidential summary, so that we can publish the non-confidential aspects of your response.

Any personal data you provide to us will be used for the purposes of this consultation and will be handled in accordance with our privacy notice which sets out how we comply with the UK GDPR and Data Protection Act 2018.

Consent

In responding to this consultation you consent to us:

• handling your personal data for the purposes of this consultation;
• publishing your response on our website (unless you have indicated to us that you wish for your response to be treated as confidential as set out above.)

Your consent to either of the above can be withdrawn at any time. Further information about how we handle your personal data and your rights is set out in our privacy notice.

Format of responses

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