The Rail Vehicle Accessibility (Interoperable Rail System) Regulations 2008

Made: 2nd July 2008

Coming into force in accordance with regulation 1

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by—section 2(2) of the European Communities Act 1972 ;section 46(1) of the Disability Discrimination Act 1995 ; andsection 247 of the Transport Act 2000 .

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by—

section 2(2) of the European Communities Act 1972 ;

section 46(1) of the Disability Discrimination Act 1995 ; and

section 247 of the Transport Act 2000 .

She is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to railways and railway transport .

In accordance with section 46(11) of the Disability Discrimination Act 1995 she has consulted the Disabled Persons Transport Advisory Committee and such other representative organisations as she thinks fit.

A draft of this instrument has been laid before Parliament in accordance with paragraphs 2 and 2A (1), (2) (a) and (3) (a) of Schedule 2 to the European Communities Act 1972 and approved by a resolution of each House of Parliament.

Citation and commencement

1

These Regulations may be cited as the Rail Vehicle Accessibility (Interoperable Rail System) Regulations 2008 and come into force on the fifth day after the day on which they are made, or the 1st July 2008, whichever is later.

Amendments to the Rail Vehicle Accessibility Regulations 1998

2

• (1) The Rail Vehicle Accessibility Regulations 1998 are amended as follows.

• (2) In regulation 2(1)(interpretation), after the definition of “contrast” insert—

• “conventional TEN rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006 ;
• “high-speed rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006;

• (3) In regulation 3 (application of regulations)—

• (a) at the beginning of paragraph (1), insert “ Subject to paragraph (3), ”; and

• (b) after paragraph (2) insert—

(3) These Regulations do not apply to rail vehicles used in the provision of a service for the carriage of passengers on— (a) the high-speed rail system; or (b) the conventional TEN rail system.

Amendments to the Disability Discrimination Act 2005

3

• (1) Section 6 of the Disability Discrimination Act 2005 (rail vehicles: application of accessibility regulations) is amended as follows.

• (2) For subsection (2) substitute—

(2) In subsection (6) of that section— (a) before the first definition there is inserted— - “conventional TEN rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006; - “high-speed rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006; (b) for the definition of “rail vehicle” there is substituted— “rail vehicle” means a vehicle constructed or adapted to carry passengers on any railway, tramway or prescribed system other than a vehicle used in the provision of a service for the carriage of passengers on the high-speed rail system or the conventional TEN rail system;

Amendments to the Railways (Interoperability) Regulations 2006

4

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Signed

Signed by authority of the Secretary of State for Transport

Tom Harris — Parliamentary Under Secretary of State — 2008-07-02

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) (a). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) of the 1972 Act by section 1 of the European Economic Area Act 1993 (c.51).

[^f00002]: 1995 c.50; section 46 was amended for Great Britain by the Disability Discrimination Act 2005 (c.13), section 6(1) and (2), section 19(1) and Schedule 1 Part 1 paragraphs 1 and 27(b), from a date to be appointed. There are other amendments to section 46 but none are relevant. Corresponding amendments were made for Northern Ireland by S.I. 2006/312 (N.I. 1), article 8(1) and (2), article 19 and Schedule 1 paragraphs 1 and 21(a) and Schedule 2 from a date to be appointed.

[^f00003]: 2000 c.38.

[^f00004]: S.I. 1996/266, to which there are amendments not relevant to these Regulations.

[^f00005]: The Disabled Persons Transport Advisory Committee was established under section 125 of the Transport Act 1985 (c. 67) and has a statutory duty to provide the Secretary of State with advice on the public passenger transport needs of disabled people.

[^f00006]: Paragraph 2 was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(2) (a). Paragraph 2A was inserted by section 29 of that Act.

[^f00007]: S.I. 1998/2456, amended by S.I. 2000/3215.

[^f00008]: S.I. 2006/397, amended by S.I. 2007/3386.

[^f00009]: 2005 c.13.

[^f00010]: S.R. (N.I.) 2001 No. 264.

[^f00011]: O.J. No. L 64, 7.3.08, p. 72.

[^f00012]: For Great Britain, subsections (1) and (1A) of section 47 were substituted for subsection (1) as originally enacted by the Disability Discrimination Act 2005 (c.13), section 6(3). Corresponding amendments were made for Northern Ireland by S.I. 2006/312 (N.I. 1), article 8(3).

Editorial notes

[^c19319211]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) (a). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) of the 1972 Act by section 1 of the European Economic Area Act 1993 (c.51).

[^c19319221]: 1995 c.50; section 46 was amended for Great Britain by the Disability Discrimination Act 2005 (c.13), section 6(1) and (2), section 19(1) and Schedule 1 Part 1 paragraphs 1 and 27(b), from a date to be appointed. There are other amendments to section 46 but none are relevant. Corresponding amendments were made for Northern Ireland by S.I. 2006/312 (N.I. 1), article 8(1) and (2), article 19 and Schedule 1 paragraphs 1 and 21(a) and Schedule 2 from a date to be appointed.

[^c19319231]: 2000 c.38.

[^c19319241]: S.I. 1996/266, to which there are amendments not relevant to these Regulations.

[^c19319251]: The Disabled Persons Transport Advisory Committee was established under section 125 of the Transport Act 1985 (c. 67) and has a statutory duty to provide the Secretary of State with advice on the public passenger transport needs of disabled people.

[^c19319261]: Paragraph 2 was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(2) (a). Paragraph 2A was inserted by section 29 of that Act.

[^c19319271]: S.I. 1998/2456, amended by S.I. 2000/3215.

[^c19319281]: S.I. 2006/397, amended by S.I. 2007/3386.

[^c19319291]: 2005 c.13.

[^key-e5122f87d641ef81dbcbc70dc739d24d]: Reg. 4 revoked (16.1.2012) by The Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), regs. 1(2), 47(1) (with reg. 3)