## Notice Under Section 12(2) Of The Railways Act 1993 (The Act) And Regulation 13(2) Of The Railway (Licensing Of Railway Undertakings) Regulations 2005 (The Regulations)

1. This notice concerns the licences granted under section 8 of the Act and Statements 
of National Regulatory Provisions (SNRPs) granted under regulation 10 of the 
Regulations, to the operators listed at Schedule 1 to this notice. 
 
2. The Office of Rail Regulation (ORR) hereby gives notice, pursuant to section 12(2) of 
the Act and regulation 13(2) of the Regulations, of its proposal to modify the licences and SNRPs of those operators out in Schedule 1 by the inclusion of a new licence condition as set out in Schedule 2 to this notice. 
 
3. The reason for this proposed modification is to support the formalisation of the Rail 
Delivery Group (RDG) as the leadership body of the industry by requiring the licence holders listed in Schedule 1 to be Licensed Members of the RDG and to comply with its articles of association. 
 
4. Formalisation of the RDG in this way will ensure that all licence holders in Schedule 1 
will have the opportunity to contribute to the development of policies and strategies for the benefit of the whole industry and be a key factor in delivering a more sustainable 
and cost efficient railway in the future. Whilst this may result in an unquantifiable increase in the workload of licence holders we consider that this will ultimately be for their benefit, both in helping to develop understanding the implications of proposals for 
their business/sector, and the impact of delivering RDG's purpose of improving value for money.  There will clearly be some cost implications for licence holders in participating in RDG activities and, where appropriate, contributing to the RDG levy. These costs should however be relatively small. It is not therefore anticipated that the proposed new licence condition will place any additional risk or significant burden, either administrative or financial, on the licence holders affected.   
 
5. Any representations or objections to the proposed modification should be made in 
writing before 5pm 13 November 2012. Please send any comments on this proposal 
to: 

# Gordon Herbert Licensing And Network Regulation Team

Office of Rail Regulation One Kemble Street London WC2B 4AN 
Gordon.Herbert@orr.gsi.gov.uk 

 6. Copies of this notice will be published on the ORR website (www.rail-reg.gov.uk). 
 
 
MICHAEL BESWICK 
Date: 16 October 2012 

## Schedule 1

The licences granted under section 8 of the Act, and SNRPs granted under regulation 10 of the Regulations, subject to this notice, with reference numbers, are: Abellio Greater Anglia Ltd 

## 

- GB passenger SNRP  UK 02 2012 0001 

## Arriva Trains Wales Ltd

- GB passenger SNRP UK 02 2005 0011 - GB freight SNRP UK 02 2005 0013 

## C2C Rail Ltd

- GB passenger SNRP UK 02 2005 0015 

## The Chiltern Railway Company Ltd

- GB Passenger SNRP UK 02 2005 0019 
- GB freight SNRP UK 02 2005 0021 

## Colas Rail Ltd

- GB freight SNRP UK 02 2012 0002 

## Db Regio Tyne And Wear Ltd

- Passenger train licence UK 03 2010 0001 

## Db Schenker Rail (Uk) Ltd

- GB freight SNRP UK 02 2005 0029  

## Devon And Cornwall Railways Ltd

- GB freight SNRP UK 02 2010 0001 
 

## Direct Rail Services Ltd

- GB freight SNRP  UK 02 2005 0026 
- GB passenger SNRP UK 02 2005 0024 

## East Coast Main Line Company Ltd

- GB passenger SNRP UK 02 2006 0006 

## East Midlands Trains Ltd

- GB passenger SNRP UK 02 2007 0009 

## English Welsh & Scottish Railway International Ltd

- GB freight SNRP UK 02 2005 0031 
- GB freight SNRP (international services) UK 02 2005 0033 

## Europorte Channel Sas

- GB freight SNRP UK 02 2011 0001 

## Eurostar International Ltd

- GB passenger SNRP UK 02 2005 0027 

## First Capital Connect Ltd

- GB passenger SNRP UK 02 2006 0004 

## First Greater Western Ltd

- GB passenger SNRP UK 02 2006 0002  

## First Scotrail Ltd

- GB passenger SNRP UK 02 2005 0035 - GB freight SNRP UK 02 2005 0037 

## First/Keolis Transpennine Ltd

- GB passenger SNRP UK 02 2005 0039 - GB freight SNRP UK 02 2005 0041 

## Freightliner Heavy Haul Ltd

- GB freight SNRP UK 02 2005 0043 

## Freightliner Ltd

- GB freight SNRP UK 02 2005 0045 

## Gb Railfreight Ltd

- GB passenger SNRP UK 02 2009 0001 
- GB freight SNRP UK 02 2005 0049 

## Golding'S Rail Ltd

- GB passenger SNRP  UK 02 2006 0008 

## Grand Central Railway Company Ltd

- GB passenger SNRP UK 02 2007 0003 

## Hay'S Rail Ltd

- GB passenger SNRP UK 02 2006 0009 

## Heathrow Express Operating Co Ltd

- Passenger train licence UK 03 1997 0001 

## Hull Trains Company Ltd

- GB passenger SNRP UK 02 2005 0055 

## London And Birmingham Railway Ltd

- GB passenger SNRP UK 02 2007 0011 London and South Eastern Railway Ltd 
- GB passenger SNRP UK 02 2006 0003 
 
London Overground Rail Operations Ltd 
 
- GB passenger licence UK 02 2007 0012 London Underground Ltd 
- Passenger train licence UK 03 2004 0008 Merseyrail Electrics 2002 Ltd 
- Passenger train licence UK 03 2003 0011 Network Rail Infrastructure Ltd 
- Network licence UK 03 1994 0005 North Yorkshire Moors Railway Enterprises plc 
 
- Passenger train licence UK 03 2007 0002 Northern Rail Ltd 
- GB passenger SNRP UK 02 2005 0067 - GB freight SNRP UK 02 2005 0069 OQS Rail Ltd 
- GB passenger SNRP UK 02 2006 0010 Orchard Rail Ltd 
- GB passenger SNRP UK 02 2006 0011 

## Pre Metro Operations Ltd

- Passenger train licence UK 03 2003 0004 

## Rail Express Systems Ltd

- GB passenger SNRP UK 02 2005 0071 - GB freight SNRP  UK 02 2005 0073 

## Rail For London Limited

- GB passenger SNRP UK 02 2007 0008 

## Solr1 Ltd

- GB passenger SNRP UK 02 2007 0006 

## Solr2 Ltd

- GB passenger SNRP UK 02 2007 0007 

## Southern Railway Limited

- GB passenger SNRP UK 02 2009 0002 

## Stagecoach South Western Trains Ltd

- GB passenger SNRP UK 02 2007 0001 

## Strutton Rail Ltd

- GB passenger SNRP UK 02 2006 0012 

## Tyne & Wear Passenger Transport Executive

- Passenger train licence UK 03 2002 0002 

## West Coast Main Line Company Limited

- GB passenger SNRP UK 02 2006 0007 West Coast Railway Company Ltd 
- GB passenger SNRP UK 02 2005 0079 - GB freight SNRP UK 02 2005 0081 

## West Coast Trains Ltd

- GB passenger SNRP UK 02 2005 0083 
- GB freight SNRP UK 02 2005 0085 

## Westminster Rail Ltd

- GB passenger SNRP UK 02 2006 0013 XC Trains Limited 
- GB passenger SNRP UK 02 2007 0010 

## Schedule 2

 The proposed modifications are: 

1. For the network licence subject to this notice as listed in Schedule 1: 
Insert the following new licence condition: 
 

## Condition 25:  Rail Delivery Group

 
1. 
The licence holder shall: (a) become and thereafter remain a Member of RDG; and 
 
(b) comply with its obligations under the RDG Articles. 
2. 
In this condition: "Member" has the meaning ascribed to it in the RDG Articles; 
"RDG" means the Rail Delivery Group (a company limited by guarantee and registered in England and Wales under number 08176197); and 
"RDG Articles" means the articles of association of RDG. 

2. For each passenger and freight licence and SNRP subject to this notice as listed in 
Schedule 1: 
Insert the following new licence condition: 

## Condition 28:  Rail Delivery Group

1. 
The licence holder shall: (a) become and thereafter remain a Licensed Member of RDG; 
 
(b) comply with its obligations under the RDG Articles; and 
 
(c) procure that any member of its Group that is entitled under the RDG Articles 
to become a Member of RDG: 
 
(i) becomes and thereafter remains a Member of RDG; and 
 
(ii) complies with its obligations under the RDG Articles. 

## 

2. 
In this condition: "Group" has the meaning ascribed to it in the RDG Articles; 
"Licensed Member" has the meaning ascribed to it in the RDG Articles; 
"Member" has the meaning ascribed to it in the RDG Articles; "RDG" means the Rail Delivery Group (a company limited by guarantee and registered in England and Wales under number 08176197); and 
"RDG Articles" means the articles of association of RDG.