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Contents (2008 - 610)
Rail Safety (General) Regulation 2008
Repealed version for 7 December 2012 to 19 January 2013 (accessed 14 December 2017 at 02:01)
Part 5 Clause 40
40   Dispute resolution
(1)  This clause applies to the following disputes arising under this Part:
(a)  a dispute between rail infrastructure owners about a proposed amendment to network rules, including a dispute as to whether an amendment should be proceeded with or as to the classification of an amendment,
(b)  a dispute between rail infrastructure owners, or between a rail infrastructure owner and a stakeholder, about whether or not a provision of this Part has been complied with.
(2)  A party to a dispute may apply in writing to the ITSRR to have a dispute dealt with under this clause.
(3)  The ITSRR must, within 28 days after receiving an application under this clause, convene a meeting of representatives of the parties to the dispute (as determined by the ITSRR) to resolve the matters in dispute.
(4)  The ITSRR may direct the parties to provide such documentation and information before the meeting as the ITSRR thinks fit.
(5)  If the matters in dispute are not resolved at the meeting, the ITSRR must determine the matters in dispute no later than 14 days after the meeting.
(6)  A determination by the ITSRR is, for the purposes of this Part (other than any proceedings for an offence under this Part), final and binding on the parties.
Note.
 The ITSRR may delegate its functions (see section 42Q of the Transport Administration Act 1988).