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Standard Form g G3 Network Change notice Standard Form

By Stephen Hill,2014-07-01 14:05
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Standard Form g G3 Network Change notice Standard Form

    Kings Place 90 York Way

    London

    N1 9AG

    Tel: +44(0)20 3356 9595

    Fax: +44(0)20 7557

    9108

     See distribution list

[insert date (to be no more than 30 days

    after receipt of NC from Sponsor)]

Our Ref: [NC/G3/2007/LNW/001]

Dear Sir/ Madam

Proposed G3 Network Change: (Location)

     (Nature of Change)

    This Network Change notice is issued in accordance with Condition G3.1 of the Network Code and constitutes a formal proposal for a Network Change under that Condition.

    [Insert Sponsor name] wishes to implement the Network Change described above and has, pursuant to Condition G3.1(b), given permission to Network Rail to consult on its behalf with the parties shown on the attached distribution list.

    The proposed Network Change seeks to [insert 2-3 lines maximum giving a brief outline of the scheme]. A detailed specification of the scheme is set out in Appendix A to this letter, including a plan showing where the work is to be done and the parts of the Network and associated railway assets likely to be affected. Pursuant to Condition G3.3.1(c)(iv) Network Rail’s own proposals in relation to the scheme are also identified in Appendix A.

    The change is being proposed by [insert Sponsor name] because [state reasons why the change is proposed] as detailed in Appendix A.

    In accordance with Condition 3.3.1(c) Network Rail is seeking comments from you and the persons listed in the attached distribution list to establish whether or not you are content for the change to be implemented. We invite you to consider the proposed scheme and forward your comments to us by [insert date 60-90 days from

    Standard Form (g) G3 Network Change notice

    Network Rail Infrastructure Ltd Registered Office Kings Place 90 York Way London N1 9AG Registered in England and Wales No. 2904587 www.networkrail.co.uk

    date of this letter]. If a formal response is not received by this date, it will be deemed that you accept the proposal without compensation.

    Please respond using the standard form (i), (j) or (k), each of which can be located on Network Rail’s website.

    Train Operators who may be materially affected by the change should, if compensation is being claimed, provide evidence of the impact of the proposed change on their business and inform Network Rail what the direct costs and benefits of implementing the change are likely to be, other than any such costs which are attributable to [insert Sponsor name] improving its ability to compete with other operators of railway assets. Such response should be of sufficient detail to enable Network Rail to provide a comprehensive response to [insert Sponsor name] on your behalf as required under Condition G4.

    Respondents should clearly indicate if they consider that all or part of their response is “sensitive information” as defined in Part A of the Network Code.

    Wherever practically possible, please send all responses electronically to [insert e-mail address of Network Change Coordinator]. Please also send a signed hard copy of your response (excluding any appendices if these have already been e-mailed) to the above address, or by fax to the fax number shown at the top of this letter.

    Please let me know if you require any further details to enable you to respond formally to this notice.

    If you feel that only [insert Sponsor name] will be able to answer your queries, please contact:

[Name of contact

    TOC

    Address 1

    Address 2

    Town/City

    Postcode

    Tel

    E-mail]

I would appreciate a copy of any correspondence entered into.

    I look forward to receiving your response to enable the progression of this proposal.

Yours faithfully

Sender’s name

    Network Change Coordinator,[insert route name]

Appendix A

    [Insert detailed scheme specification and plans of the proposed work as provided by the Sponsor under G3.2. Information should be broken up into headed sections and should include the following headings:]

Reasons for the proposed change

    a) [Insert Sponsor name’s] comments

    [Extract wording from the notice supplied by the Sponsor to Network Rail under G3.2(a)(i)]

    b) Network Rail’s comments

    [Insert Network Rail’s estimate of the likely impact of the change on the operation and performance of the Network, as required under Condition G3.3.1(c)(iii)]

Specification of the work to be done (including plans)

    a) [Insert Sponsor’s name] proposal

    [extract wording from the notice supplied by the Sponsor to Network Rail under G3.2(a)(ii)]

b) Network Rail’s proposals

    [If Network Rail has no additional/ varying proposals, the following wording can be used: “Network Rail has no further proposals which vary from those outlined above”]

    Proposed timescales [To include proposed times within which work will be done including start and end dates] Note that if possession details are not yet known compensation will need to be discussed once they are.

    a) [Insert Sponsor’s name] proposal

    [extract wording from the notice supplied by the Sponsor to Network Rail under G3.2(a)(iii)]

b) Network Rail’s proposals

    [If Network Rail has no additional/ varying proposals, the following wording can be used: “Network Rail has no further proposals which vary from those outlined above”]

Proposals for division of costs and compensation

    a) [Insert Sponsor’s name] proposal

    [extract wording from the notice supplied by the Sponsor to Network Rail under G3.2(a)(iv)]

b) Network Rail’s proposals

    [If Network Rail has no additional/ varying proposals, the following wording can be used: “Network Rail has no further proposals which vary from those outlined above”. Consider use, if appropriate, of “Compensation will be paid

    in line with Part G of the Network Code ”]

Additional terms & conditions and Variation Procedure

    a) [Insert Sponsor’s name] proposal

    [extract wording from the notice supplied by the Sponsor to Network Rail under G3.2(a)(v)]

b) Network Rail’s proposals

    [If Network Rail has no additional/ varying proposals, the following wording can be used: “Network Rail has no further proposals which vary from those outlined above”.

    Consider use, if appropriate, of: “Once this Network Change has become an

    established Network Change (as defined in Part G of the Network Code), Network Rail will, if instructed by the Sponsor, use the following variation procedure if the Sponsor wishes to make any modification to the terms or conditions (including as to the specification of the works to be done, their timing, the manner of their implementation, the costs to be incurred and their sharing, and the division of risk) on which the change was established:

    Network Rail shall ensure the specific variation (or variations) is formally communicated to all parties to this notice (the original consultation notice) for consideration. The parties to the consultation shall consider the variation (or variations) in accordance with the procedures set out in Conditions G3 and G4 allowing for the changes in detail that must follow as a result of the procedure applying only to the proposed variation. It shall not be necessary for Network Rail to re-issue the entire Network Change notice for consultation.

Distribution List

[n.b. Sponsor to be copied in]

[Insert here]

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