Examples of Flexing Right in a sentence
Figure 3 shows that employment growth is driven mainly by an increase in aggregate job creation, while job destruction remains roughly constant throughout the period.
If, as a result of exercising its Flexing Right, the Infrastructure Manager is required to make any payment to a TOC under that TOC's Framework Track Access Agreement or Track Access Agreement, the TOC whose Train Operator Variation was accommodated by the exercise of that Flexing Right shall reimburse to the Infrastructure Manager the amount of that payment.
If a Train Operator Variation is received by the Infrastructure Manager in relation to a sporting or other public event which, if accepted, would conflict with any train slot in the Working Timetable, the Infrastructure Manager shall consult with the TOC entitled to the train slot with a view to obtaining its consent to the Infrastructure Manager exercising the Flexing Right to accommodate the Train Operator Variation.
If a Train Operator Variation is received by the Infrastructure Manager in relation to a sporting or other public event which, if accepted, would conflict with any Train Slot in the Working Timetable, the Infrastructure Manager shall consult with the TOC entitled to the Train Slot with a view to obtaining its consent to the Infrastructure Manager exercising the Flexing Right to accommodate the Train Operator Variation.
AWC has not seen evidence to demonstrate NR’s application of the Decision Criteria in line with Part D, nor understands how NR reached their conclusions about whether they should exercise their Flexing Right in the time available.
GBRf noted first that, to meet ORR’s latest guidelines, a process had recently been undergone between NR and Train Operators of expanding NR’s Flexing Right - most passenger services to a 24-hour window and freight services to 60-minute windows - to accommodate more services and give NR better availability to ‘mix and match’.
First, Freightliner contended that NR had failed to comply with the requirements for prioritising conflicting Access Proposals set out in Condition D4.2.2 paragraphs (b) - New WTT to be consistent with Exercised Firm Rights - and (c) - entitlement to exercise Flexing Right.
With regard to NR’s exercise of its Flexing Right to accommodate Access Proposals exercising Firm Rights of equal priority under Condition D4.2.2 including those of FL for the 1600 tonne Train Slots in dispute, I find that NR has not identified any specific impact of a potential use of available Flex that would amount to a breach of another Timetable Participant’s Firm Rights.
If the services are required from December 2020, then the Network Change and Access Rights approvals processes must be followed by NR, HS2 and their contractors as a matter of course, and NR should use the Network Code Part D in order to consider whether to exercise its Flexing Right prior to allocating Train Slots in the prescribed order of priority.
By using its Flexing Right Network Rail was able to accommodate all AWC Train Slots and the priority for inclusion of these Train Slots do not need to be considered in this case.Network Rail’s FlexDuring the development of the May 20 NWT, Network Rail Flexed 105 AWC services.