This Page was Last Updated on 29th
January 2010
Rule, clause or Condition |
Determination |
Date of Hearing |
Points made within Determination (Verbatim
extracts given in Italics, or between “quotes”)
|
1.1 |
AD28 |
September 2003 |
“4.
The Committee then addressed the operative definitions in paragraph 1.1
of Annex 2: Qualifying Expenditure of the ISAC. It noted that the accommodation in question was that needed to
provide offices for those Area Support Staff who provided the means by which
NRI was able to fulfil certain of its obligations that applied in common to a
number of stations. The salient test
was whether the provision of such accommodation “can be properly
attributed to the operation of the Station as a railway station”. 5. The Committee therefore determined that,
in principle, the accommodation of staff essential “to the operation of
the Station as a railway station” was a legitimate head of
expenditure that could be proposed for inclusion in QX, whether those staff
were located on the Stations in question, or at some remote location. 6. For the avoidance of doubt, this determination
only relates to the matter of principle as to whether the accommodation for a
specific category of staff MAY be included in QX. Such determination does not address any question of whether a
particular figure, either proposed for the future, or raised in the past,
meets the criterion for being “costs and expenses reasonably payable or
incurred by the Station Facility Owner”. Any test of reasonableness in relation to QX relates to a
consideration of amount, and as such does not fall within the jurisdiction of
this Committee.” (AD28 (paragraphs 4-6) |