GovWire

The regulations will establish a minimum level of service that rail companies, if they choose to make use of powers to issue work notices, must provide in the event of industrial action taken by employees in the sector.

As originally submitted for RPC scrutiny, the IA was not fit for purpose due to the RPC assessing that the IA did not clearly set out the requirement being placed upon businesses, preventing the RPC from determining whether the assessment of the impacts was sufficient. The RPC also noted similar concerns over any requirements placed upon small and micro businesses (SMBs). In addition, the IA did not clearly set out the evidence supporting key assumptions.

The IA now clarifies that the requirement to provide a minimum service level (MSL) only applies when employers choose to use the powers already afforded to them to issue work notices. The Department has included an appropriate assessment of the impact of this policy, which is permissive as far as operators are concerned, and has considered whether any businesses directly affected by the policy are SMBs. While the IA does not include an overall quantitative impact estimate for the scenarios discussed, the Department has provided proportionate assessment of the proposal. The IA includes some assessment of wider impacts but would benefit from fully considering potential impacts upon the structure of the rail market and investment into the sector.