LegalizeThe Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006
Words in reg. 3(5) substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 7(2)(b)(ii) (with regs. 2(5), 3, Sch. 8)
Review
8
- (1) Before the end of each review period, the Secretary of State must—
- (a) carry out a review of these Regulations;
- (b) set out the conclusions of the review in a report; and
- (c) publish the report.
- (2) The report must in particular—
- (a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;
- (b) assess the extent to which those objectives are achieved; and
- (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
- (3) “Review period” means—
- (a) the period of five years beginning with the day on which the Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 come into force; and
- (b) subject to paragraph (4), each successive period of five years.
- (4) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Assignment of responsibility for enforcement in cases of uncertainty: the Office of Rail and Road and the ONR
5A
- (1) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Office of Rail and Road and the ONR by virtue of regulations made under sections 15 or 18(2) of the 1974 Act for the enforcement of—
- (a) section 6 of the 1974 Act in respect of any particular article for use at work or substance; or
- (b) any other relevant statutory provision in respect of any particular site or any activity carried on there.
- (2) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Office of Rail and Road and the ONR (acting jointly) to the Office of Rail and Road or the ONR.
- (3) An assignment under paragraph (2) may be made only where the Office of Rail and Road and the ONR agree—
- (a) that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 15 or 18(2) of the 1974 Act; and
- (b) which authority is more appropriate to be responsible for enforcement in that case.
- (4) Where an assignment is made under paragraph (2), the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.
Amendments
Transitional provisions
Review
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