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Channel Tunnel Rail Link (Supplementary Provisions) Bill

Basically the noble Lord is asking whether the obligations are the same as in the Network Rail licence. No, they are not identical but they are very similar with many overlaps. The High Speed 1 access contracts do not, as a general rule, require the prior approval of the Office of the Rail Regulation in order to be enforceable. There is one exception to that general rule in the 1996 Act, which relates to those sections of High Speed 1 which connect with the national rail network. The binding access contracts for interconnecting sections of High Speed 1 infrastructure need prior approval from the ORR unless access is to be limited to that part of the infrastructure used for services on HS1. St Pancras is perhaps the most relevant example. A domestic train operator which wants access to St Pancras in order to provide services on the national rail network is likely to have an access contract which will require the approval of the ORR in order to be enforceable. All HS1 access contracts should be subject to the same regulatory rules, which is what Clause 2 seeks to achieve. As all access contracts to HS1 are subject to scrutiny by the Secretary of State, this change ensures that train operating companies do not need two sets of regulatory approvals for the same access contract. This has no impact on the ORR’s powers in relation to safety which already apply to the whole of High Speed 1 and will continue to do so. Importantly, it is worth noting that High Speed 1 will be subject to a performance regime which should achieve the same or similar objectives for that line in relation to health and safety, environmental performance and so on. The noble Lord asked earlier about Section 17 and whether it deals with periodic reviews. I did not respond to that, but it does not. However, the Office of Rail Regulation can carry out a periodic review only if there is provision for that in an access contract. Clearly the ORR regulates access contracts which could contain such a provision. I hope that helps deal with the noble Lord’s confusion. If it does not, I apologise. I may have confused him further, but I hope that I have not.