Template contract terms for access to rail depots

ORR conclusions (45 pages, PDF) on the terms to be included in access agreements for depots. On the issue of liability caps, ORR proposes an incident cap but no annual cap. The default level of the incident cap would be determined by a depot-specific formula on which ORR invites industry views, stating that it "would be prepared to review the presumption in favour of symmetrical caps". The document also states that ORR will exclude financial terms (rent, liquidated damages or benchmark performance levels) from published versions of the access agreements.

There is no formal public consultation process and ORR will progress drafting with ATOC and Network Rail, but it promises to "provide any consultee requesting them with copies of the parts that we send to Network Rail and ATOC".

For further information or advice please contact Franck Latrémolière.

Filed under ORR, Public transport.

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