§ Mr. NichollsTo ask the Secretary of State for Transport (1) what is Railtrack's liability to passenger franchise operators in the event of a section of track being taken out of service for whatever reason; and what is the extent of that liability;
(2) who is responsible for consequential financial losses incurred by railway franchisees in the event of a railway line being temporarily shut due to track failure or an accident;
(3) what is the role of the Office of the Rail Regulator in intervening in financial liability disputes between Railtrack and passenger franchise operators.
§ Mr. FreemanExisting access contracts between Railtrack and BR's train operating units provide for penalty payments to be made by Railtrack in the event of Railtrack's performance falling below predetermined standards, such as where delays are caused by infrastructure failure. They also provide for the abatement of access charges payable by train operators, in accordance with set criteria, in the event of severe disruption. Future access agreements to be negotiated between Railtrack and 57W train operators are likely to include similar arrangements. These agreements will be subject to the approval of the Regulator.