The Railways and Other Guided Transport Systems (Safety) Regulations 2006

• (a) the police, ambulance or fire service when they are carrying out their emergency functions on or in relation to a transport system; and

• (b) any voluntary worker for a period of twelve months from the date of the coming into force of this Part.

Competence and fitness

24

• (1) Every controller of safety critical work shall, so far as is reasonably practicable, ensure that a person under his management, supervision or control, with the exception of where that person is receiving practical training in a safety critical task, only carries out safety critical work where—

• (a) that person has been assessed as being competent and fit to carry out that work following an assessment by an assessor;

• (b) there is an accurate and up to date record in writing of that person's competence and fitness which references any criteria for determining competence and fitness against which that assessment of competence was made;

• (c) the record, or an accurate summary of the record referred to in sub-paragraph (b) is available for inspection, on reasonable request, by any other controller of safety critical work or any operator who may be affected by any safety critical work carried out or to be carried out by that person, for the purposes of establishing that person's competence and fitness to carry out safety critical work; and

• (d) there are in place suitable and sufficient arrangements for monitoring the competence and fitness of that person.

• (2) Every controller of safety critical work shall without unreasonable delay review any person's competence or fitness assessment where—

• (a) they have reason to doubt the competence or fitness of a person to carry out that safety critical work; or

• (b) there has been a significant change in the matters to which the assessment relates,

and where, as a result of any such review a reassessment of competence or fitness is required, that reassessment of competence or fitness shall be carried out to ensure that the requirements of paragraph (1) are met.

• (3) Where a reassessment of competence or fitness under paragraph (2) is required, the controller of safety critical work shall, so far as is reasonably practicable ensure that, as a result, the health and safety of persons on a transport system is not prejudiced.

Fatigue

25

• (1) Every controller of safety critical work shall have in place arrangements to ensure, so far as is reasonably practicable, that a safety critical worker under his management, supervision or control does not carry out safety critical work in circumstances where he is so fatigued or where he would be liable to become so fatigued that his health or safety or the health or safety of other persons on a transport system could be significantly affected.

• (2) The arrangements in paragraph (1) shall be reviewed by the controller of safety critical work where he has reason to doubt the effectiveness of those arrangements.

Co-operation requirements for safety critical work

26

• (1) Every controller of safety critical work to whom this Part applies shall co-operate as far as is necessary with any other controller of safety critical work or any operator to enable that other controller of safety critical work to comply with the provisions of this Part.

• (2) Every person carrying out safety critical work shall, as regards any requirement imposed on any controller of safety critical work under this Part, co-operate with that controller of safety critical work so far as is necessary to enable that requirement to be performed or complied with.

PART 5 — MISCELLANEOUS

Appeals

27

• (1) A person who is aggrieved by a—

• (a) decision of the Office of Rail and Road to refuse his application for—

• (i) a safety certificate, a safety authorisation or an EU ECM certificate, a cross-border UK-issued ECM certificate or a UK-issued ECM certificate;

• (ii) an amended safety certificate or safety authorisation;

• (b) direction of the Office of Rail and Road to make an application to amend his safety certificate or safety authorisation; ...

• (c) decision of the Office of Rail and Road to revoke his—

• (i) safety certificate or part of it; or

• (ii) safety authorisation,

• (d) decision of the Office of Rail and Road, concerning his EU ECM Certificate taken pursuant to either—

• (i) Article 7(3), (4) or (7) of the 2011 EU ECM Regulation; or

• (ii) Article 7(5) or (8) or 8(2) of the 2019 EU ECM Regulation;

• (dd) decision of the Office of Rail and Road taken pursuant to paragraph 7(3), (4) or (7) of Schedule 10 concerning his UK-issued ECM certificate;

• (de) decision of the Office of Rail and Road, concerning his cross-border UK-issued ECM certificate, taken pursuant to Article 7(5) or (8) or 8(2) of the assimilated 2019 EU ECM Regulation; or

• (e) determination of the Office of Rail and Road under regulation 2A or a decision of the Office of Rail and Road under that regulation to revoke or vary such a determination,

may appeal to the Secretary of State.

• (1A) A person who is aggrieved by—

• (a) a decision taken either—

• (i) to refuse an application for an EU ECM certificate or taken pursuant to Article 7(4) or (7) of the 2011 ECM Regulation by a certification body accredited or recognised in Great Britain for the purposes of the 2011 EU ECM Regulation; or

• (ii) to refuse an application for an EU ECM certificate or taken pursuant to Article 7(8) or 8(2) of the 2019 EU ECM Regulation by a certification body accredited or recognised in Great Britain for the purposes of the 2019 EU ECM Regulation;

• (b) a decision of a certification body accredited or recognised for the purposes of Schedule 10 either to refuse an application for a UK-issued ECM certificate or taken by that body pursuant to paragraph 7(3), (4) or (7) of Schedule 10; or

• (c) a decision of a certification body accredited or recognised for the assimilated 2019 EU ECM Regulation, either to refuse an application for a cross-border UK-issued ECM certificate or taken by that body pursuant to Article 7(3), (4) or (7) of the retained 2019 EU ECM Regulation,

may appeal to the Secretary of State.

• (1B) For the purposes of an appeal under paragraph (1A), references to the Office of Rail and Road in this regulation are to be construed as references to the relevant certification body (except for paragraph (7), which does not apply to such appeal).

• (2) For the purposes of paragraphs (1) and (1A) the Secretary of State may, in such cases as he considers it appropriate to do so, having regard to the nature of the questions which appear to him to arise, direct that an appeal under that paragraph shall be determined on his behalf by a person appointed by him for that purpose.

• (3) Before the determination of an appeal the Secretary of State shall ask the appellant and the Office of Rail and Road whether they wish to appear and be heard on the appeal and—

• (a) The appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid;

• (b) The Secretary of State shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of doing so.

• (4) The Tribunals and Inquiries Act 1992 shall apply to a hearing held by a person appointed in pursuance of paragraph (2) to determine an appeal as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State included a reference to a decision taken on his behalf by that person.

• (4A) A hearing held by a person appointed in pursuance of paragraph (2) shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (Administrative Justice and Tribunals Council).

• (5) A person who determines an appeal under this regulation on behalf of the Secretary of State and the Secretary of State, if he determines such an appeal, may give such directions as he considers appropriate to give effect to his determination.

• (6) The Secretary of State may pay to any person appointed to hear or determine an appeal under paragraph (2) on his behalf such remuneration and allowances as the Secretary of State may with the approval of the Treasury determine.

• (7) For the purposes of paragraph (1)(a), a failure by the Office of Rail and Road to make a decision on whether or not to issue or amend a safety certificate or safety authorisation within the four month period for making a decision calculated in accordance with regulation 17(7) shall be treated as a refusal of the application.

• (8) The Health and Safety Licensing Appeals (Hearing Procedure) Rules 1974 , as respects England and Wales, and the Health and Safety Licensing Appeals (Hearing Procedure)(Scotland) Rules 1974, as respects Scotland, shall apply to an appeal under paragraph (1) as they apply to an appeal under section 44(1) of the Health and Safety at Work etc. Act 1974, but with the modification that references to a licensing authority are to be read as references to the Office of Rail and Road.

• (9) Where an appeal is made under paragraphs (1)(a) or (1)(c), the decision in question shall be suspended pending the final determination of the appeal.

Offences

28

A failure to discharge a duty placed on the Office of Rail and Road by these Regulations shall not be an offence under section 33(1)(c) of the Health and Safety at Work etc. Act 1974.

Transitional provisions and savings

29

• (1) Any competence and fitness assessments made pursuant to regulation 3 of the Railways (Safety Critical Work) Regulations 1994 shall have effect as if they were made under Part 4, provided that the assessment would, at the time it was made, have met the requirements for impartiality and objectivity in that Part.

• (2) Notwithstanding the revocation of ROTS pursuant to regulation 34, and subject to paragraph (6) ROTS shall, up to and including 1st October 2008, continue in force as they had effect on 30th September 2006 for the purposes of—

• (a) determining applications for approval made;

• (b) issuing a written consent for the purposes set out in regulation 4(4)(b) of ROTS in relation to new or altered works, plant or equipment for which an application for approval has been made;

• (c) making notices dispensing with or requiring compliance with certain provisions of ROTS under regulation 10(1)(a) or 11(1)(a) of ROTS in relation to new or altered works, plant or equipment, for which an application for approval has been made,

to the Office of Rail and Road in relation to a relevant transport system before 1st October 2006.

• (3) Where an approval is issued by the Office of Rail and Road in response to an application for approval made in relation to a transport system —

• (a) before 1st October 2006 but where the new or altered works, plant or equipment are placed in service within the meaning of regulation 5(6) and 6(5) on or after that date; or

• (b) on or before 1st October 2008 pursuant to paragraph (2),

in relation to new or altered works, plant or equipment that is relevant infrastructure or a vehicle then such works, plant or equipment shall be deemed to satisfy the requirements of regulations 5(4) and 6(4).

• (4) Where a written consent is issued by the Office of Rail and Road in relation to new or altered works, plant or equipment which is relevant infrastructure or a vehicle in relation to a transport system—

• (a) under regulation 4(4)(b)(i) of ROTS on or before 1st October 2008 pursuant to paragraph (2) then such relevant infrastructure or vehicle shall be deemed to satisfy the requirements of regulations 5(4) and 6(4) ; or

• (b) under regulation 4(4)(b)(ii) of ROTS on or before 1st October 2008 pursuant to paragraph (2) then no regard shall be taken of the use of such relevant infrastructure or vehicle for the purposes for which the written consent relates when determining whether the relevant infrastructure or vehicle has been placed in service in accordance with regulations 5(6) and 6(5).

• (5) In this regulation—

• (a) “application for approval” means an application for approval made under regulation 5, 6 or 7 of ROTS;

• (b) “altered works, plant or equipment” shall have the meaning in regulation 2(a) of ROTS; and

• (c) “relevant transport system” shall have the meaning in regulation 2(a) of ROTS.

• (6) For the purposes of heritage railways and tramways, all references in this regulation to 1st October 2006 shall be read as if those references were in each case to 1st October 2008, and all references to 1st October 2008 shall be read as if those references were in each case to 1st October 2010.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemptions

30

• (1) Subject to paragraphs (2) and (3), the Office of Rail and Road may, by certificate in writing, exempt any person or class of persons or any transport system or part of a transport system from any requirement or prohibition imposed by these Regulations.

• (2) The Office of Rail and Road shall not grant any such exemption in relation to any requirement or prohibition imposed by Part 2 or 3 in relation to an operation carried out on the mainline railway other than an exemption to an operator of last resort from the requirement to copy the documents referred to in regulation 17(3)(a)(i) and (ii) to an affected party or to notify an affected party as the case may be.

• (3) The Office of Rail and Road shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—

• (a) the conditions, if any, which it proposes to attach to the exemption; and

• (b) any other requirements imposed by or under any enactment which applies to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

• (4) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any person or class of persons from any requirement or prohibition imposed by these Regulations.

• (5) An exemption granted pursuant to paragraph (1), (2) or (4) may be granted subject to conditions and to a limit of time.

• (6) An exemption granted pursuant to—

• (a) paragraph (1) or (2) may be revoked by the Office of Rail and Road; and

• (b) paragraph (4) may be revoked by the Secretary of State for Defence,

at any time by a further certificate in writing.

Defence of due diligence

31

• (1) Subject to the following provisions of this regulation, in any proceedings against any person for an offence under regulation 5(4), 6(4) or 18A(2) it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

• (2) Where in any proceedings against any person for such an offence the defence provided in paragraph (1) involves an allegation that the commission of the offence was due to—

• (a) the act or default of another; or

• (b) reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing of the proceedings (or in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.

• (3) A notice under this paragraph shall give such information identifying, or assisting in the identification of, the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.

• (4) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied upon the information, having regard in particular—

• (a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and

• (b) to whether he had any reason to disbelieve the information.

Amendment of ROTS

32

In regulation 4 of ROTS—

• (a) for paragraph (2A) substitute—

(2A) Approval shall not be required in relation to any interoperability constituent or any subsystem to the extent that the interoperability constituent or subsystem, as the case may be, has been authorised before 2nd April 2006 under regulation 14 of the Railways (Interoperability) (High-Speed) Regulations 2002 or is subject to the requirement for authorisation under regulation 4(1)(a) of the Railways Interoperability Regulations 2006.

• (b) for paragraph (5) substitute—

(5) In this regulation, “interoperability constituent” and “subsystem” have the same meaning as in the Railways (Interoperability) Regulations 2006.

Consequential amendments

33

The Regulations referred to in Schedule 6 shall be amended as set out in that Schedule.

Revocation

34

The Regulations referred to in column (1) of Schedule 7 are revoked to the extent specified in column (3) of that Schedule.

SCHEDULE 1 — SAFETY MANAGEMENT SYSTEM

Requirements on the safety management system

1

The safety management system shall—

• (a) describe the distribution of responsibilities, within the operation, for the safety management system;

• (b) show how control of the safety management system by the management on different levels is secured;

• (c) show how persons carrying out work or voluntary work directly in relation to the operation and their representatives on all levels are involved with the safety management system; and

• (d) show how continuous improvement of the safety management system is ensured.

Basic elements of the safety management system

2

The basic elements of a safety management system are—

• (a) a statement of the safety policy which has been approved by the chief executive and communicated to all persons carrying out work or voluntary work directly in relation to the operation;

• (b) qualitative and quantitative targets for the maintenance and enhancement of safety and plans and procedures for reaching those targets;

• (c) procedures to meet relevant technical and operational standards or other requirements as set out in—

• (i) TSIs NTSNs;

• (ii) national safety rules;

• (iii) other relevant safety requirements; and

• (iv) decisions of the Office of Rail and Road addressed to the transport operator in question,

and procedures to ensure compliance with the requirements listed in this paragraph throughout the life-cycle of any relevant equipment or operation which is subject to the requirement in question.

• (d) procedures and methods for carrying out risk evaluation and implementing risk control measures when—

• (i) there is a change in the way in which the operation in question is carried out; or

• (ii) new material is used in the operation in question,

which gives rise to new risks in relation to any infrastructure or the operation being carried out;

• (e) provision of programmes for training of persons carrying out work or voluntary work directly in relation to the operation and systems to ensure that the competence of such persons is maintained and that they carry out tasks accordingly;

• (f) arrangements for the provision of sufficient information relevant to safety—

• (i) within the operation in question; and

• (ii) between the operator in question and any other transport operator or an applicant for a safety certificate or a safety authorisation who carries out or who intends to carry out operations on the same infrastructure;

• (g) procedures and formats for the documentation of safety information;

• (h) procedures to control the lay out of, and changes to, vital safety information;

• (i) procedures to ensure that accidents, incidents, near misses and other dangerous occurrences are reported, investigated and analysed and that necessary preventative measures are taken;

• (j) provision of plans for action, alerts and information in the case of an emergency which are to be agreed with any public body, including the emergency services, that may be involved in such an emergency; and

• (k) provisions for recurrent internal auditing of the safety management system.

SCHEDULE 2 — APPLICATION FOR A SAFETY CERTIFICATE

PART 1 — INFORMATION TO BE INCLUDED FOR A MAINLINE APPLICATION

1

The following information shall be included in relation to Part A of a safety certificate—

• (a) particulars of the type and extent of the operation in respect of which the application is made; and

• (b) either—

• (i) a copy of a current certificate issued to the applicant by—

• (aa) the Office of Rail and Road;

• (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (cc) the safety authority in Northern Ireland; or

• (dd) the safety authority for the tunnel system,

which relates to an equivalent railway operation; or

• (ii) particulars of how the safety management system of the applicant meets the requirements set out in regulation 5(1) to (4).

2

The following information shall be included in relation to Part B of a safety certificate—

• (a) information on the NTSNs, national safety rules and other safety requirements relevant to the applicant's operation including those relevant to persons carrying out work in relation to the operation and the applicant's vehicles and an explanation of how compliance with these requirements is ensured by the safety management system;

• (b) information on the different types of work being carried out by persons directly in relation to the operation including evidence of how the applicant ensures that when such persons are carrying out such work that they are doing so in accordance with the requirements of any relevant NTSNs and national safety rules; and

• (c) information on the different types of rolling stock used for the operation in question including evidence that they meet any relevant NTSNs and national safety rules,

and where information is submitted concerning an interoperability constituent or a subsystem which is subject to and complies with the requirements of the Interoperability Regulations then only brief details need be supplied concerning compliance of such constituents or subsystems with relevant NTSNs and other requirements of those Regulations and in this paragraph “interoperability constituent” and “subsystem” shall have the same meaning as in the Interoperability Regulations.

PART 2 — INFORMATION TO BE INCLUDED FOR A NON-MAINLINE APPLICATION

3

Particulars of the type and extent of the operation in respect of which the application is made.

4

Particulars of how the safety management system of the applicant meets the requirements set out in regulation 6.

5

Information on the—

• (a) relevant statutory provisions which make provision in relation to safety which are applicable to the operation; and

• (b) technical specifications and procedures relating to operations and maintenance that are relevant to the safety of the transport system which the applicant proposes to follow,

and an explanation of how compliance with these requirements is ensured by the safety management system.

6

Information on the different types of work or voluntary work being carried out by persons directly in relation to the operation including evidence of how the applicant ensures that when such persons are carrying out work or voluntary work in relation to the operation that they are doing so in accordance with relevant requirements of the relevant statutory provisions referred to in paragraph 5(a).

7

Information on the different types of rolling stock used for the operation including evidence that they meet relevant requirements of the relevant statutory provisions referred to in paragraph 5(a).

SCHEDULE 3 — COMMON SAFETY INDICATORS

Indicators relating to accidents

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Indicators relating to incidents and near-misses

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Indicators relating to consequences of accidents

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Indicators relating to technical safety of infrastructure and its implementation

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Indicators relating to the management of safety

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 — WRITTEN SAFETY VERIFICATION SCHEME REQUIREMENTS

INFORMATION TO BE INCLUDED IN A SAFETY VERIFICATION SCHEME

1

• (1) The arrangements for the selection, appointment and retention of the competent person, which arrangements should at least provide for:

• (a) the appointment of the competent person at an early stage in the design selection process;

• (b) the involvement of the competent person in the establishing of the criteria to be applied in the verification process and the design selection process; and

• (c) the communication to the competent person of information necessary for the proper implementation, or revision, of the verification scheme and which information is necessary in order for the competent person to undertake the verification.

• (2) The arrangements for the examination and testing of new or altered vehicles or infrastructure, which arrangements should at least provide for:

• (a) the means of controlling risks that arise during the carrying out of any testing or trials prior to placing in service; and

• (b) the standards and criteria to be applied in the verification process.

• (3) The arrangements for the review and revision of the verification scheme.

• (4) The arrangements for the making and preservation of records showing—

• (a) the examination and testing carried out to the new or altered vehicles or infrastructure prior to its being placed in service;

• (b) the findings of that examination and testing;

• (c) any remedial action recommended as a result of that examination and testing; and

• (d) any remedial action performed.

• (5) The arrangements for communicating the matters contained in sub-paragraphs (1) to (4) of this Schedule to an appropriate level in the management system of the transport operator or responsible person as the case may be.

SCHEDULE 5 — TRANSITIONAL PROVISIONS AND SAVINGS-SAFETY CERTIFICATES AND SAFETY AUTHORISATIONS

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 — CONSEQUENTIAL AMENDMENTS

Amendment to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to the Railway Safety (Miscellaneous Provisions) Regulations 1997

2

• (1) The Railway Safety (Miscellaneous Provisions) Regulations 1997 shall be amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “factory” insert— “ “guided bus system” and “guided transport” have the meanings assigned to them by regulation 2(1) of the Railways and Other Guided Transport Systems (Safety) Regulations 2006; ”;

• (b) omit the definition of “ prescribed system of guided transport ”;

• (c) for the definition of “tramway” substitute—

“tramway” has the meaning assigned to it by regulation 2(1) of the Railways and Other Guided Transport Systems (Safety) Regulations 2006;

; and

• (d) in the definition of “transport system” for the words before sub-paragraph (a) substitute—

“transport system” means a railway, a tramway, a trolley vehicle system or any other system using guided transport except that it does not include a guided bus system or any part of any of those systems which—;

; and

• (e) after the definition of “transport system” insert—

“trolley vehicle system” has the meaning assigned to it by regulation 2(1) of Railways and Other Guided Transport Systems (Safety) Regulations 2006;

Amendment to the Railway Safety Regulations 1999

3

• (1) The Railway Safety Regulations 1999 shall be amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) in paragraph (1)—

• (i) for the definition of “infrastructure controller” substitute—

“infrastructure controller” means a person who controls railway infrastructure;

• (ii) after the definition of “railway” insert—

“railway infrastructure” means fixed assets used for the operation of a railway including its permanent way and plant used for signalling or exclusively for supplying electricity for operational purposes to the railway, but it does not include a station;

• (iii) after the definition of “speed restriction” insert—

“station” means a railway passenger station or terminal, but does not include any permanent way or plant used for signalling or exclusively for supplying electricity for operational purposes to the railway;

; and

• (b) after paragraph (4) add—

(4A) Any reference in these Regulations to a person who controls railway infrastructure is a reference to a person who— (a) in the course of a business or other undertaking carried on by him (whether for profit or not); (b) is in operational control of that infrastructure, except that where such control is for the time being exercised by a person undertaking maintenance, repair or alteration work on the infrastructure, it is a reference to a person who would be in operational control of the infrastructure if such work were not being undertaken.

• (3) In paragraph 2 to the Schedule (meaning of railway), for the definition of “tramway” substitute—

“tramway” means a system of transport used wholly or mainly for the carriage of passengers— (a) which employs parallel rails which— (i) provide support and guidance for vehicles carried on flanged wheels; and (ii) are laid wholly or partly along a road or in any other place to which the public has access (including a place to which the public only has access on making payment); and (b) on any part of which the permitted speed is such as to enable the driver to stop a vehicle in the distance he can see to be clear ahead;

Amendment to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003

4

• (1) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 shall be amended as follows.

• (2) In Schedule 4 (subordinate legislation specified for the purposes of section 241(3) (statutory functions) of the Enterprise Act 2002)–

• (a) at the end, add “Parts 2 and 3 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006.”;

• (b) omit “Railways (Safety Case) Regulations 2000.”.

SCHEDULE 7 — REVOCATION

(1)	(2)	(3)
Regulations revoked	References	Extent of revocation
ROTS	S.I. 1994/157	The whole Regulations
The Railways (Safety Critical Work) Regulations 1994	S.I. 1994/299	The whole Regulations
The Railways (Safety Case) Regulations 2000	S.I. 2000/2688	The whole Regulations
The Railway Safety (Miscellaneous Amendments) Regulations 2001	S.I. 2001/3291	Regulations 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16
The Railways (Safety case) (Amendment) Regulations 2003	S.I. 2003/579	The whole Regulations
The Cableway Installations Regulations 2004	S.I. 2004/129	Regulation 31

Signed

Signed by authority of the Secretary of State for Transport

Derek Twigg — Parliamentary Under Secretary of State, — 2006-03-09

Explanatory note

(This note is not part of the Regulations)

Footnotes

INFORMATION TO BE INCLUDED IN A SAFETY VERIFICATION SCHEME

Editorial notes