They built a railway yes, but they used statutory powers to do so. The railway therefore becomes a statutory undertaking. Arguably the railway was also provided as an adjunct to and was therefore funded as part of another statutory undertaking (namely Heathrow Airport). The Heathrow Connect services were provided IIRC▸ partly as a planning requirement to provide effective public transport for staff to the airport.
So although privately owned, the Heathrow branch is not a private siding, it is a public railway just as the Great Western Railway was when it was first built.
As a public railway the rights of the owner must be balanced with the rights of the public as a whole - we might call it the common good. That was always the case even before nationalisation of the railways.
The idea of a "public railway" as being not privately owned is of course quite recent - 1946. Before that they were governed by their railway acts (specific or general) but increasingly by state intervention of several forms.
Now all railways (pretty much) come under the Railways Infrastructure (Access and Management) Regulations 2005, as amended (and other laws and regulations too). There are exemptions, granted case by case, so I think all heritage railways will have one, as well as most depots. Heathrow was granted exemption from some of the charging rules in 2005, and in some cases that was to be "in perpetuity". Since then
ORR» and
DfT» have viewed that exemption very narrowly - as only applying to trains terminating at a Paddington. Trains from anywhere else (e.g. Crossrail ones, or
WRAtH▸ ) get "compulsory" access.
Access requests are processed according to the network's "Network Statement" and "Network Code". The "Network Code" isn't a single document, and the whole document set is similar to (but simper than)
NR» 's. The whole process, the documents, and any disputes, are all subject to ORR oversight and approval.
Ignore the link 4064ReadingAbbey gave earlier - it doesn't now work, and in any case the whole regulatory document set is
here. HAL's Network Statement (revised in December 2016) covers the process.
That revision has made it much longer and more obviously derived from
BR▸ 's version. Pathing is covered by "capacity allocation" and "timetable development", and now the words say this process is subcontracted to NR. HAL still have owners' rights (subject to ORR's oversight), but no longer claim to have their own supply of squared paper. Here's the main relevant bit:
4 Capacity Allocation
4.1 Introduction
HAL is responsible for the allocation of capacity through grants of
TACs▸ and will be responsible for all aspects of the allocation process, including confirming that the applicant complies with all relevant national technical, operational and safety requirements.
4.2 Description of Timetabling Process
When allocating capacity HAL will prioritise in the following order:
- maintaining connecting paths from/to the Wider UK▸ Rail Network;
- existing track access capacity allocation;
- future track access capacity commitments; and
- other passenger services.
4.3 Description of the timetabling process
HAL will sub-contract out the responsibilities for managing access to the HAL infrastructure, such as the responsibilities for path allocation, co-ordination and validation of the timetable to NR as described in the relevant parts of the HAL Network Code. These responsibilities are undertaken by NR under instruction from HAL. Access to the HAL infrastructure requires entry from the Wider UK Rail Network and therefore applicants for access must not only seek rights from HAL but also from NR. For simplicity the timescale for access requests on HAL infrastructure mirrors the timetable employed on the Wider UK Rail Network. Details of NR’s timetabling process are set out in Annex A.
4.4 Timetable Development
4.4.1 Co-ordination process
In line with its obligations under the Regulations, HAL’s procedures for dealing with requests for capacity allocation (including ad-hoc requests) are designed to ensure that all current and potential railway undertakings are treated in a fair and non-discriminatory way.
Each year HAL circulates detailed plans covering the implementation of maintenance and renewal schemes to its access right holders and will make these available for any new access applicant upon request. HAL consults with access right holders from October to March for the following December timetable when access right holders are required to make a formal declaration of their aspirations for train paths provided under their TACs. In accordance with Schedule 4, paragraph 2(1) of the Regulations, timetable decisions will not be made until the end of the consultation period. The timetable planning process for HAL infrastructure adopts NR’s industry process to allow for alignment of train paths with main line services. For the avoidance of doubt, Train Operators will bid for paths under one process through NR for both the Wider UK Rail Network and HAL infrastructure as if the HAL infrastructure and the Wider UK Rail Network were one and the same.
NR, as HAL’s agent will provide publication of any key documents, policies and procedures required to manage the timetabling process. These documents include but are not limited to:
- The HAL Engineering Access Statement
- Timetable Planning Rules
- Working timetable and variations to the working timetable
- Possession strategy notices
- Sectional appendix
- Weekly operating notices
- Performance Data Accuracy Code
- Delay Attribution Guide
- Railway Operational Code
- Railway Systems Code
4.4.2 Ad-hoc requests
In addition to making an application for a path in accordance with the annual timetable process, the potential applicant may submit variation requests for one-off individual train paths to HAL’s appointed contractor, HAL or their appointed contractor will respond as quickly as possible, and at all times within five working days of receipt of a request.
Requests made more than two days prior to the day the train is proposed to run will be dealt with under short term planning arrangements within the NR’s industry process. Any requests made on the day of running or on the two preceding days will be dealt with by the local operational control team.
4.4.3 Future Access Options
A separate TAC, known as an Access Option, must be entered into with HAL where an applicant wishes to operate trains for which specific infrastructure enhancement is required on the HAL infrastructure and for which the applicant will be making a significant investment. Activation of the contract will be subject to the investment and the works having taken place.
4.4.4 Access Dispute Resolution
As described in the Appeals Procedure at 1.5.3, any dispute concerning matters covered by the ADRR is dealt with in accordance with the procedure prescribed in such rules, annexed in the HAL Network Code. The procedure addresses disputes arising out of the TAC and SAC and provision has been made for the referral of any dispute to a technical, operational or financial panel, as appropriate.
If any Train Operator bids result in disputed paths, these will be raised by the Train Operator through NR who will notify HAL of the dispute. It is the responsibility of HAL to respond to those disputes in accordance with the procedure within the HAL Network Code.
Where any Train Operator Bids and access is not available, NR will notify HAL of the unavailability of the access and HAL will notify the affected Train Operators.
4.4.5 Congested Infrastructure
The Regulations require HAL to declare areas of its network as congested where, after the co-ordination of requests for capacity and consultation with applicants, it is not possible to satisfy all access requests. HAL is not declaring any congested areas at this time. However, should there be congestion, HAL will review the situation in accordance with the Approach to Capacity Management.
With the exception of additional platforms at T5, there is no further opportunity to create capacity over and above the “as built” status on HAL infrastructure.
