reg 28 Capacity enhancement plan
(1) The infrastructure manager must, within six months of the publication of a capacity analysis in accordance with regulation 27, produce a capacity enhancement plan. (2) In producing the capacity enhancement plan, the infrastructure manager must— (a) consult such interested parties as it considers necessary, including those described in regulation 26(3); and (b) seek the prior approval of the appropriate Minister at least one month before the deadline for completion of the plan. (3) The capacity enhancement plan must identify the— (a) reasons for the congestion; (b) likely future development of traffic; (c) constraints on railway infrastructure development; and (d) options for and costs of enhancing the capacity, including the potential effect on access charges. (4) On the basis of a cost benefit analysis of the potential measures for action identified in the capacity enhancement plan, that plan must include— (a) details of the action to be taken to enhance the capacity of the congested infrastructure; and (b) a timetable for the completion of the detailed measures identified in accordance with sub-paragraph (a). (5) Subject to paragraph (6), if the utilisation of capacity on that element of the railway infrastructure which is the subject of the capacity enhancement plan attracts a scarcity charge, in accordance with paragraph 1(8) of Schedule 3, the infrastructure manager must cease the levying of such charge in situations where— (a) paragraph (1) applies but a capacity enhancement plan for that part of the railway infrastructure which is subject to the scarcity charge has not been produced, as required by this regulation; or (b) the infrastructure manager fails to make progress with implementation of those areas of the action plan produced in accordance with paragraph (4). (6) Paragraph (5) does not apply where— (a) the action plan produced in accordance with paragraph (4) cannot be implemented for reasons beyond the immediate control of the infrastructure manager; or (b) the options identified in that action plan are not economical or financially viable, provided that prior approval to continue to levy the scarcity charge is obtained from the Office of Rail and Road or, in the case of a rail link facility, the Secretary of State. (7) At the end of the six month period starting with the publication of the capacity analysis in accordance with regulation 27, whether or not the approval sought under paragraph (2)(b) has been received, the infrastructure manager must provide the parties consulted under paragraph (2)(a) with a copy of the plan and the timetable for completion of the measures identified to resolve the congestion. (8) For the purposes of this regulation the “ appropriate Minister ” means— (a) where the capacity enhancement plan relates wholly to railway infrastructure in Scotland, the Scottish Ministers; (b) where the capacity enhancement plan relates in part to railway infrastructure in Scotland, the Secretary of State and the Scottish Ministers acting jointly; and (c) in all other cases the Secretary of State.