HL Deb 05 February 2004 vol 656 c120WA
Lord Stoddart of Swindon

asked Her Majesty's Government:

Whether European legislation requires separation of ownership of rail track and related fixed installations from ownership and operation of rolling stock used for movement of goods or passengers; and what obligation there is on owners of railways in the United Kingdom to accept, on agreed terms of use, applications by owners of rolling stock in continental Europe to use rail track in the United Kingdom. [HL1067]

Lord Davies of Oldham

No such separation is required. What is required is accounting separation and that the body responsible for allocating infrastructure capacity is separate in legal form, organisation or decision making from bodies or firms that provide rail transport services. Where such separation does not exist, a separate allocation body must be established. The main GB network with the Channel Tunnel is fully open to applications (not limited to rolling stock owners) from continental Europe seeking access to operate services, subject to safety certification. The regulatory body can require access to be granted where this has been refused.

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