The Future of Rail

Practical guidance, insights and updates to help you put the pieces of rail reform together

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Helping organisations across the rail sector understand the bigger picture as the future of rail takes shape, piece by piece.

The rail sector is entering a period of significant change. With the Railways Bill, the transition towards greater public ownership, and the creation of new industry structures set to reshape how the railway is governed, funded and delivered, organisations across the sector are seeking to understand what the future landscape will look like in practice.

While a number of important pieces are now emerging, the full picture is not yet complete. Key policy announcements, consultations and legislative developments have provided valuable insight into the direction of travel, but many questions remain unanswered. As further details become available, organisations will need to assess how the evolving framework could affect their businesses, operations and future opportunities.

This hub brings together practical guidance, legal updates and expert insight from Burges Salmon’s rail team to help businesses, public bodies, operators, suppliers, investors and industry stakeholders navigate a changing and, in some areas, still uncertain landscape.

Drawing on our deep experience across the rail sector, we explore the key legal and commercial issues arising from these changes, from regulation and governance to contracting, employment, pensions, disputes, projects and investment.

Whether you are responding to consultations, reviewing contractual arrangements, assessing the implications for future opportunities or planning for operational change, our aim is to provide clear, practical support as the remaining pieces of the puzzle fall into place and the future structure of Britain’s railways becomes clearer.

Future timeline

Autumn 2026: Policy

Draft GBR licence consultation

A consultation on GBR’s proposed licence.

It will outline the proposed conditions GBR must comply with and the enforcement role of the ORR.

13 December 2026: Operational

Great Western Railway to transfer to public ownership

Scheduled transfer of GWR services.

Railways Bill to receive Royal Assent

The bill is expected to complete its passage through the House of Lords and receive Royal Assent by the end of 2026.

Early 2027: Policy

ORR consultation on contractual transition for non-GBR facilities/ infrastructure managers

This consultation will seek views on model contracts and General Approvals for parties who grant access to non-GBR infrastructure or facilities. It will identify changes to the non-GBR contractual suite to reflect the new regulatory framework.

Spring 2027: Policy

ORR consultation on its policy regarding licence enforcement

This consultation will set out ORR’s proposed approach to licence enforcement (including both GBR and non-GBR licence holders), including how ORR will identify, investigate and potentially enforce licence non-compliance.

Spring 2027: Policy

ORR consultation on its approach to monitoring GBR

This consultation will set out ORR’s proposed approach to monitoring and reporting on GBR’s activities and delivery across its statutory functions and licence obligations.

Spring 2027: Policy

ORR consultation on its appeals procedure

This consultation will set out ORR’s proposed approach to carrying out its appeals function under the new access framework.

The consultation will set out the process that ORR will follow when considering appeals, including expectations for appellants, GBR and interested parties.

Spring 2027: Policy

Retail code of practice

ORR to publish the rules that GBR must follow to ensure a fair and open retail market. These will form part of GBR’s licence and be enforced by the ORR.

Spring 2027: Policy

Charging and performance framework consultation

A consultation on GBR’s proposed policies regarding charging and performance of operators on its network.

It will cover track access charges as well as performance schemes for planned and unplanned disruption.

Spring 2027: Policy

Access and Use Policy (AUP)

GBR to publish the final AUP governing how GBR will manage access to the network.

Autumn 2027: Policy

Long-term rail strategy

SoS to publish its long-term strategy, setting the objectives guiding GBR over a 30-year period.

By end of 2027 (expected): Operational

Completion of public ownership transfers

All passenger services operated under contracts with the DfT are expected to have transferred to public ownership. This includes East Midlands Rail, Avanti West Coast and Cross Country which, at the time of publication) do not have confirmed dates for transfer.

c. 12 months after Royal Assent: Operational

Completion of public ownership transfers

Great British Railways is expected to become operational approximately 12 months after the Railways Bill receives Royal Assent, at which point it will assume full responsibility as the integrated “directing mind” for the railway.

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Previous developments

Date

Milestone

Category

Details

February

Legal

Presents the Transport Committee’s scrutiny of the Railways Bill and recommendations to strengthen its governance, accountability and regulatory framework.

April

Legal

Sets out the Government’s response to the Transport Committee’s recommendations, clarifying its intended approach to GBR’s governance, accountability and implementation.

1 May

Policy

This sets out the design of the new accountability framework for GBR including the new integrated GBR licence, ahead of public consultation on the licence later this year.

11 June

Legal

The bill completed its Commons passage and was sent to the House of Lords (as HL Bill 25).

June

Policy

The Heads of Terms summarise the expected content of the Memorandum of Understanding between the Passengers’ Council and the ORR.

The final version will be formally published later this year and will set out how the ORR and Passengers’ Council will work together, and the process they will follow when concerns are escalated for enforcement action.

7 July

Railways Bill — Lords Second Reading

Legal

The House of Lords debated the general principles of the Railways Bill at Second Reading. Following Second Reading, the bill was committed to Grand Committee.

July

Policy

Discussion document published by ORR setting out its emerging views on changes to the licences of non-GBR operators that may be necessary or desirable. The document seeks early stakeholder views to inform further policy development.

September

Policy

Announcement of more detailed rail freight growth targets for 2040, as a milestone towards the overall target of at least 75% rail freight growth by 2050.

8 September – 26 October

Railways Bill — Lords Committee Stage (Grand Committee)

Legal

Seven sittings of Grand Committee have been scheduled for detailed line-by-line scrutiny of the bill (8, 10, 16 September; 12, 19, 21, 26 October 2026).

9 September

Policy

Network Rail launches its consultation on the AUP and related contractual framework, including model track, depot and station access agreements. The consultation closes on 2 December 2026.

September

Policy

DfT publishes a policy paper on its plans for the long-term strategy (LTS), including its anticipated strategic objectives.

The LTS will provide the overarching direction for the railways over a 30 year period and be set by the Secretary of State and delivered by GBR.

28 September

Policy

The strategy outlines how Great British Railways (“GBR”) propose to coordinate long-term decisions regarding rolling stock and rail infrastructure following the Government’s wider rail reform programme.

9 October

Policy

ORR consults on rules establishing a fair, transparent and competitive retail market under Great British Railways, covering governance and data. ORR welcomes responses to this consultation until 11 December 2026.

Date

Milestone

Category

Details

Febraury

Consultation on the Railways Bill launched

Policy

The government consulted on proposals to set up GBR as a new arm’s-length body responsible for rail services and infrastructure.

25 May

The first Train Operating Company (South Western Railway) transfers to public ownership

Operational

The first operator to transfer under the new legislation, marking the beginning of the nationalisation programme.

5 November

Railways Bill introduced in Parliament

Legal

The comprehensive legislation to establish Great British Railways as a statutory body with responsibility for track and train, access and charging decisions and long-term planning.

December

GBR AUP Discussion Paper published

Policy

Network Rail published a discussion paper on GBR’s Access and Use Policy, outlining its proposals on the direction of future access and use decisions under the new industry structure and inviting comments on the proposals from industry stakeholders.

December

Discussion Document re developing ORR’s process for GBR appeals published

Policy

ORR published a discussion document setting out how the ORR intends to approach developing a GBR appeals process, seeking feedback to inform its draft appeals policy.

Date

Milestone

Category

Details

February

Draft Rail Reform Bill published

Legal

The Conservative government published a draft bill for pre-legislative scrutiny, proposing amendments to the Railways Act 1993, the Greater London Authority Act 1999, and other legislation to establish GBR.

28 November

Passenger Railway Services (Public Ownership) Act 2024 receives Royal Assent

Legal

The Act amended the Railways Act 1993 to prohibit new franchise awards and extensions, making public sector operations the default.

4 December

Public ownership transition program launched

Operational

The government announced the first services to transfer into public ownership. Services would move to a new publicly owned operating company, a subsidiary of DfT Operator Limited (DFTO).

Date

Milestone

Category

Details

September 2018

Williams Rail Review launched

Policy

Following widespread service disruptions (particularly the May 2018 timetable crisis), the government commissioned Keith Williams to conduct a root-and-branch review of the structure of the whole rail industry.

March 2020

Emergency Measures Agreements (EMAs)

Operational

In response to the COVID-19 pandemic’s collapse of passenger revenue, the government introduced Emergency Measures Agreements, effectively taking on revenue and cost risk from private operators and suspending normal franchise mechanisms.

September 2020

End of rail franchising announced

Policy

The government formally ended the franchise system after 24 years, replacing it initially with Emergency Recovery Measures Agreements (ERMAs) and subsequently with National Rail Contracts (NRCs), which were management-style contracts with limited private risk.

20 May 2021

Williams-Shapps Plan for Rail published

Policy

The landmark white paper proposed the creation of Great British Railways (GBR) as a new public body to integrate track and train. GBR would own the infrastructure, receive revenue, set fares and timetables, and let concession-style Passenger Service Contracts to private operators.

December 2022

National Rail Contracts replace franchise agreements

Operational

The remaining private operators transitioned from pandemic-era agreements to National Rail Contracts, a new contract model giving the DfT greater control over services while operators earned management fees.

Febraury 2024

Draft Rail Reform Bill published

Legal

The Conservative government published a draft bill for pre-legislative scrutiny, proposing amendments to the Railways Act 1993, the Greater London Authority Act 1999, and other legislation to establish GBR.

News and insights

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