Back to Lot 3 contents BURGES SALMON LLP Transport (Rail) Our specialist rail team is one of the largest in the UK, allowing us to resource multiple industry projects concurrently with appropriately qualified lawyers. We have extensive experience of advising authorities, train operators, freight operators, financiers and train manufacturers on a variety of rail commercial projects. Our deep and broad experience of the unique regulatory and operating environment allows us to provide rapid support for complex projects. We have advised on rail specific regulation including engagement with and appeals to ORR since privatisation. We have also given regulatory advice to the range of industry stakeholders including government authorities, infrastructure owners, passenger and freight operators. Our expertise includes: • Interpretation and application of the Railways Act 1993 and Railways Act 2005 (the “Railways Acts”). • The EU Railway Packages including their application in the UK (post Brexit), particularly regarding access arrangements, vertical integration, separation between infrastructure managers and railway undertakings, capacity allocation and charging, passenger rights (including PRM compliance), safety compliance and direct awards under Regulation 1370/2007. • Advising both authorities and private sector operators on rail franchise, EMA, ERMA, PSC and concession awards including advising on competitions, extensions, direct awards, mobilisations and handovers. • Rolling stock transactions including Manufacture and Supply Agreements, maintenance arrangements and leases. • Advising an authority on the procurement of a vertically integrated franchise and infrastructure works to transform rail services and the ongoing management of the delivery of those infrastructure works. • Advising a public body on the procurement of facilities management and related services for rail assets across its network. • Advising authorities, train operators and RDG on issues relating to the Ticketing and Settlement Agreement and fares. • Advising authorities and train operators (both passenger and freight) on regulated access arrangements and licensing arrangements including in relation to operations and new stations and depots. • Advising in relation to the formation of rail joint ventures and alliancing arrangements. Back to Lot 3 contents Case studies Welsh Ministers (WMs) Regulatory issues: advising on the divestment of the Core Valley Lines from Network Rail and its arrangements with its appointed infrastructure manager. Developing the innovative vertically integrated model, access agreements and IM licensing conditions, including regulatory compliance. Devolution: The powers WMs and agency agreements required under the Railways Acts to procure and manage a franchisee in respect of the English services comprised in the Wales & Borders franchise. OLR: Establishing an OLR to discharge WMs’ section 30 duties, mobilisation of that entity and the powers under the Railways Act 2005 to make a Transfer Scheme to transfer property, rights and liabilities to that entity. TransPennine Trains Limited We are appointed to support TPT on its UCR-regulated procurement for the manufacture, maintenance (including associated depot solution) and financing of new trains. Our role includes procurement law advice in respect of the tender documents as well as commercial contract advice and the production of key project contracts, including manufacture and supply agreement and operating lease. Transport for London Procurement of maintenance services for its mechanical and electrical assets and power purchase arrangements for renewable energy. Welsh Ministers (WM), Transport for Wales (TfW) and TfW Rail Ltd The £5bn procurement and mobilisation of an Operator and Development Partner to deliver rail services on the Wales and Borders network, carry out transformation works on the Core Valley Lines (CVL) and act as the CVL infrastructure manager (IM). We customised DfT’s franchise terms to include construction works for the CVL, IM services on the CVL and WM’s bespoke requirements. We advised on the corporate governance and public sector constitutional structure Northern Ireland Transport Company Strategic advice on EU Regulation 1370/2007, Directive 2012/34 and the 4th Railway Package. Drafting the terms of a Public Service Contract for passenger transport services and structures to comply with the NI Access, Management and Licensing Regulations Back to main contents Back to main contents 42
BURGES SALMON LLP
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