“Office of Rail and Road” has the meaning ascribed to it under Section 15 of the Railways and Transport Safety Act 2003, and references to “ORR” shall be construed as references to the Office of Rail and Road; “Operating Constraints” means: the Engineering Access Statement; the Timetable Planning Rules; and the Working Timetable and all appendices to the Working Timetable including the sectional appendices as defined in the Working Timetable and all supplements to the sectional appendices; “Operator Access Agreement” means each track Access Agreement approved by ORR and entered into or to be entered into between Network Rail and an Appointed Operator, pursuant to which, among other things, Network Rail grants that Appointed Operator permission to use the Network to enable that Appointed Operator to operate all or any of the Services; “Operator Access Agreement Event of Default” means, in relation to any Operator Access Agreement, a “Network Rail Event of Default” as defined in that Operator Access Agreement; “Origin” means, in relation to a Service: the location on the Network at which that Service is Planned to commence; or if the location at which that Service is Planned to commence is not on the Network, the location on the Network which: will enable the train operating that Service to be presented onto the Network; and is the most appropriate location for such train to use to move onto the Network to reach the Destination of that Service; “Performance Order” has the meaning ascribed to it in Clause 13.4.2; “Planned” means entered in the Working Timetable; “Railway Code Systems” means necessary systems within the meaning of the Systems Code; “regulated access agreement” means an access agreement as that term is defined in section 83 of the Act; “relevant ADRR Forum” means the Forum, having the meaning ascribed to it in the ADRR, to which a Relevant Dispute is allocated for resolution in accordance with the ADRR; “Relevant Dispute” means any difference between the parties arising out of or in connection with this contract;
“International Freight Train Slot” has the meaning ascribed to it in Part D of the Network Code; “Loading Gauge” has, in relation to any Service, the meaning ascribed to it by Section D2 of the “Working Manual for Rail Staff - Section 2 - Loading and Conveyance of Freight Traffic” (as defined for each section of the Network within the various sectional appendices to the Working Timetable), and as denoted in the Rights Table by the equivalent W number of the Specified Equipment, where this exceeds that permitted by the Operating Constraints; “Maximum Length of Train” means, in relation to any Service, the train length, excluding the length of a locomotive and brakevan, expressed in standard length units (“SLUs”) of 21 feet, to be used in the compilation of the Working Timetable, where this exceeds that permitted by the Operating Constraints; “Minimum Dwell Times at Intermediate Points” means the minimum period of time that the Service shall be Planned to stay at any relevant Intermediate Point; “Minimum Turn Around Time at Destination” means the minimum time (expressed in minutes) that a Service shall be Planned to stay at its Destination; “Minimum Turn Around Time at Origin” means the minimum time (expressed in minutes) that a Service shall be Planned to stay at its Origin; “Origin Stanox” means a numeric reference used in Network Rail systems to describe the physical location, either part of the Network or a facility adjoining the Network, from which the Service will be Planned to originate; “Principal Change Date” has the meaning ascribed to it in Part D of the Network Code; “Revised Base Service” has the meaning ascribed to it in Schedule 4; “Rights Table” means the table at Annex 1 of this Schedule 5; “Route Availability” has, in relation to any Service, the meaning ascribed to it in the “Working Manual For Rail Staff - Freight Train Operations”, and as denoted in the Rights Table by the equivalent RA number, where this exceeds that permitted by the Operating Constraints; “Routing” means the route which Network Rail is to use for a Service in preparing the New Working Timetable or the Working Timetable; “Special Terms” means any special characteristic of a Service which is specified as such in a Rights Table; “Subsidiary Change Date” has the meaning ascribed to it in Part D of the Network Code;