Member

This guidance power is intended to set strategic expectations about the ORR’s functions within the wider railway framework while respecting the statutory independence of the regulator in carrying out those functions. Guidance cannot alter the legal framework established by Parliament or displace the ORR’s duty to determine appeals in accordance with the requirements set out in the legislation. Any guidance issued under Clause 21 would therefore need to be read alongside, and consistently with, the statutory access appeals framework. The ORR will remain responsible for reaching its own independent decisions on appeals, applying the statutory tests that reflect established judicial review principles. A specific exclusion for access appeals is unnecessary. The legislation already safeguards the ORR’s independence while preserving the Secretary of State’s ability to issue guidance to ensure the effective operation of the railway.