OFFICIAL Framework Capacity Statement 2021 Including consultation on alternative approaches to presenting capacity information Network Rail April 2021 Network Rail Framework Capacity Statement April 2021 1 OFFICIAL Contents Framework Capacity Statement Annex: Consultation on alternative approaches 1. Purpose 4. Background to the 2021 consultation 1.1 Purpose 4 4.1 Developments since 2016 17 4.2 Timing and purpose 17 2. Framework capacity on Network Rail’s network 2.1 Infrastructure covered by this statement 7 5. Granularity of analysis – examples and issues 2.2 Framework agreements in Great Britain 9 5.1 Dividing the railway geographically 19 2.3 Capacity allocation 11 5.2 Analysis at Strategic Route level 20 5.3 Analysis at SRS level 23 3. How to identify framework capacity 5.4 Constant Traffic Sections 25 3.1 Capacity of the network 13 3.2 Capacity allocated in framework agreements 13 6. The requirement 3.3 Capacity available for framework agreements 14 6.1 Areas open for interpretation in application 28 3.4 Using the timetable as a proxy 14 6.2 Potential solutions 29 3.5 Conclusion 15 6.3 Questions for stakeholders 30 Network Rail Framework Capacity Statement April 2021 2 OFFICIAL 1. Purpose Network Rail Framework Capacity Statement April 2021 3 OFFICIAL 1.1 Purpose This statement is published alongside Network Rail’s Network current transformation programme, to make the company work Statement in order to meet the requirements of European better with train operators to serve passengers and freight users. Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework Due to the nature of framework capacity, which legally must not agreements for the allocation of rail infrastructure capacity. specify a train path, it is not possible to be precise about the quantity of capacity that is used by these rights, and Although the United Kingdom has left the European Union, the consequently the capacity that remains available for use. That regulation has been incorporated into UK legal requirements by can only be identified once the rights are used to create train way of the UK’s own withdrawal arrangements and therefore paths in a timetable. Potential applicants are urged to use the remains a statutory requirement. The third ‘recital’ prefacing the information sources described in this document as an initial regulation includes the following: guide, to read them in conjunction with the advice in our Network Statement, and to contact us directly at the earliest opportunity “Potential applicants need transparency concerning the to discuss capacity requirements more specifically. allocated framework capacity and the remaining indicative capacity on a line. With a view to avoiding administrative burden related to framework agreements, potential applicants should get a first impression of how likely it is that their applications will be approved.” Framework capacity is any capacity contracted for sale for more than one (annual) timetable period. Therefore, any firm rights under a Track Access Contract fall within this definition, until towards the end of the term of the contract. This Framework Capacity Statement has been produced to improve the clarity and transparency of those rights, and their implications for parties seeking new or additional capacity on Network Rail infrastructure. This fits well with Network Rail’s Network Rail Framework Capacity Statement April 2021 4 OFFICIAL Consulting on how we present this information The limitations of a Framework Capacity Statement were discussed fully in the initial edition we published in December 2016, much of which is re-presented as an annex to this edition. Responses to the 2016 consultation document indicated a relatively low level of interest across the industry at the time on both the subject matter and the design of the Framework Capacity Statement. We do however remain interested to hear readers’ views on the form in which data may be presented and, after the publication of a number of statements, we recognise that these views may have evolved. The contracts containing the access rights are publicly available elsewhere, and links are provided in section 2.2. However, the way in which the rights are described when combined on the geography of the railway network, and over time, to meet the requirements of the regulation, is open to some interpretation. All the sources of information to do this are listed in section 3, but they will give the reader at best only an indication of the available capacity. Hence, applicants or potential applicants for new or amended framework agreements are encouraged to contact Network Rail as early as possible, to enable us to help identify where capacity exists that could meet the applicant’s requirements and to consider all potential users where capacity is scarce. Network Rail Framework Capacity Statement April 2021 5 OFFICIAL 2. Framework capacity on Network Rail’s network Network Rail Framework Capacity Statement April 2021 6 OFFICIAL 2.1 Infrastructure covered by this statement The national rail network in Great Britain operated by Network Rail is defined in our Network Statement which can be found at https://www.networkrail.co.uk/industry-commercial- partners/information-operating-companies/network-statement/. We are customer focused. We run the company through devolved route businesses that understand how to meet customer needs. They operate, maintain and renew infrastructure to deliver a safe and reliable railway for passengers and freight customers. The COVID-19 pandemic continues to have a significant and wide-reaching impact both on our country and our railway. As a result, we continue to identify opportunities for efficiencies and to improve how we work and what we deliver for passengers and freight users. Regions One of the biggest changes we’ve implemented in recent years is the formation of our new regions and routes in 2019. Our five regions encompass one or more routes and multiple transport hubs to better align operations with passengers’ and communities’ needs. As part of the changes, some centralised services and functions have been devolved to regions or routes enabling us to be more responsive to customers and passengers. Network Rail Framework Capacity Statement April 2021 7 OFFICIAL A region plans and responds to what passengers want and need Specialised Infrastructure from the railway, where they are, so key decisions are no longer being made far away from the frontline. Less red tape, less Network Rail has declared some of its network as specialised bureaucracy – more improvements for passengers. Each region infrastructure under Regulation 25 of the 2016 Railways has its own Managing Director. Regulations. Currently the two railway test tracks at High Marnham (Nottinghamshire) and Old Dalby (Leicestershire/ Routes Nottinghamshire) fall into this category. These are subject to bespoke access arrangements as set out in section 2.4.1 of the Within the regions are 14 routes which deliver local operations, Network Statement, which do not constitute framework capacity maintenance and renewals. The routes are responsible for day to and the test tracks are therefore excluded from this statement. day delivery of train performance and work closely with local train Further information is available at operators. https://www.networkrail.co.uk/industry-and-commercial/research- Each route is a large, complex business in its own right, run by a development-and-technology/rail-innovation-development- director and a senior leadership team who are accountable for centres/. effectively and efficiently delivering for customers and key Congested Infrastructure stakeholders. These outcomes are made visible through route and customer scorecards. Parts of the network included in this statement are currently declared as congested infrastructure under Regulation 26 of the Other infrastructure 2016 Railways Regulations. These are detailed in section 4.6 of Infrastructure belonging to other Infrastructure Managers is the Network Statement, and also under ‘Management of excluded from this statement: adjacent networks include High Congested Infrastructure’ at Speed One, Nexus and the Cardiff Valley Lines. https://www.networkrail.co.uk/industry-and- commercial/information-for-operators/. Some railway infrastructure is outside the scope of the Regulation, for example light rail systems and the London Underground. A full list of adjacent infrastructure is given in section 2.2.2 of the Network Statement. Network Rail Framework Capacity Statement April 2021 8 OFFICIAL 2.2 Framework Agreements in Great Britain http://orr.gov.uk/what-and-how-we-regulate/track- access/applications-decisions-appeals-and- Regulation 3 of the 2016 Railways Regulations defines a agreements/consolidated-agreements, framework agreement as: except where noted otherwise by footnote. “either (a) an access contract described in section 18(2)(a) of the [1993 Railways] Act [as amended] which satisfies one of the conditions in sub-section (1) of that section; or (b) a legally binding agreement made other than in pursuance of section 17 or 18 of the [1993 Railways] Act [as amended] setting out the rights and obligations of an applicant and the infrastructure manager or, as the case may be, allocation body in relation to the infrastructure capacity to be allocated and the charges to be levied over a period in excess of one working timetable period”. In respect of Network Rail’s network, this means all track access contracts. However, some