The Railways (Interoperability) Regulations 2011

• (d) the date by which the person must comply with the notice.

• (3) Any notice served under paragraph (1) may be withdrawn by the Office of Rail Regulation Office of Rail and Road or the Health and Safety Executive for Northern Ireland by serving notice of the withdrawal on the person.

• (4) Where a notice has been served on a person (“P”) in accordance with this regulation P must—

• (a) comply with that notice; and

• (b) notify the person (if any) who supplied P with the interoperability constituent in relation to which the notice under paragraph (1) was served—

• (i) that a notice under paragraph (1) has been served;

• (ii) of what the notice says; and

• (iii) that P requires that person in turn to notify the supplier (if any) with the same information contained in the notice from P.

Notice of improper drawing up of the EC or UK declaration of conformity or suitability for use for an interoperability constituent

42

• (1) Where the Office of Rail Regulation Office of Rail and Road or the Health and Safety Executive for Northern Ireland has reasonable grounds for suspecting that the EC declaration of conformity or suitability for use has not been drawn up in accordance with the requirements of relevant EU law, or the UK declaration of conformity or suitability for use has not been drawn up in accordance with the requirements of regulation 25 and Schedule 7, it may give notice in writing to any person who made the declaration.

• (2) A notice which is given under paragraph (1) must—

• (a) state that the Office of Rail and Road or the Health and Safety Executive for Northern Ireland considers that the EC declaration of conformity or suitability for use has not been drawn up in accordance with the requirements of relevant EU law, or the UK declaration of conformity or suitability for use has not been drawn up in accordance with the requirements of regulation 25 and Schedule 7;

• (b) specify the respect in which it is so considered and give particulars;

• (c) require the person who made the declaration to—

• (i) secure that any interoperability constituent to which the notice relates conforms as regards the provisions concerning the proper drawing up of the declaration within such period as may be specified in the notice; and

• (ii) provide evidence within that period, to the satisfaction of the Office of Rail Regulation Office of Rail and Road or the Health and Safety Executive for Northern Ireland, as the case may be, that the declaration has been properly drawn up; and

• (d) inform the relevant person that if the non-conformity continues (or if satisfactory evidence of conformity has not been provided) within the period specified in the notice, further action may be taken in respect of that non-conformity under these Regulations.

• (3) Where a notice has been served under this regulation on a person, the person served must comply or secure compliance with the notice.

Defence of due diligence

43

• (1) Subject to the following provisions of this regulation, if proceedings are brought against a person (“P”) for an offence under these Regulations it is a defence for P to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

• (2) Where P's defence 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,

P is not, without the leave of the court, entitled to rely on the defence unless, within a period ending 7 clear days before the commencement of the hearing of the proceedings (or in Scotland, the trial diet), P has served a notice under paragraph (3) on the person bringing the proceedings.

• (3) A notice under this paragraph must 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 P serving the notice at the time it is served.

• (4) P is not entitled to rely on the defence provided by paragraph (1) by reason P's reliance on information supplied by another, unless P shows that it was reasonable in all the circumstances to have relied on the information, having regard in particular—

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

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

PART 7 — Supplementary

Deemed authorisation

44

• (1) Subject to paragraph (4), a vehicle to which this paragraph applies is deemed—

• (a) to have been authorised under these Regulations; and

• (b) to have been assessed against the requirements of Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 , as notified national technical rules, for the purposes of that authorisation.

• (2) Subject to paragraph (3), paragraph (1) applies to a vehicle which—

• (a) is constructed or adapted to transport passengers; and

• (b) was first brought into use after 31st December 1998 and before 1st August 2006; and

• (c) is used in the provision of a service for the carriage of passengers on the trans-European rail system located in Great Britain.

• (3) Paragraph (1) does not apply to—

• (a) a vehicle to the extent that immediately before 7th July 2008 the vehicle—

• (i) was authorised or treated as having been authorised under the Railways (Interoperability) Regulations 2006 ; and

• (ii) had been assessed against the Rail Vehicle Accessibility Regulations 1998 as in force when the unit was assessed for that authorisation; or

• (b) a vehicle which belongs to a class of vehicles first brought into use on or before 31stDecember 1998.

• (4) The deeming provisions of paragraph (1) do not apply for the purposes of—

• (a) regulation 45; and

• (b) regulation 4(1) in so far as that regulation applies in relation to any upgrading or renewal of a vehicle to which paragraph (2) applies.

Accessibility for people with reduced mobility

45

No person is to use a vehicle in the provision of a service for the carriage of passengers on the trans-European rail system located in the United Kingdom on or after 1st January 2020 unless it has been constructed, renewed, upgraded or modified to comply with the technical standards, and is operated to comply with the operational standards, required by—

• (a) the TSI relating to persons with reduced mobility set out in the Annex to Decision 2008/164/EC of the European Commission of 21 December 2007, or any amended version of it, or Commission Regulation 1300/2014 of the European Commission of 18 November 2014 which replaced it, or the NTSN that replaced Commission Regulation 1300/2014, or any variation of that NTSN, or any NTSN which replaces it;

• (b) Part 1 of Schedule 1 to the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010;

• (c) the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001; or

• (d) the TSI, or amended version of it or TSI replacing it or the NTSN, referred to in paragraph (a) except to the extent that—

• (i) the vehicle or its operation complies with the technical or operational standards required by the provisions referred to in paragraphs (b) or (c),

• (ii) a derogation from part of it was granted under regulation 14 before IP completion day, or an exemption from part of it has been granted under regulations 14 and 14A,

• (iii) a determination that part of it does not apply has been made under regulation 13(8), and

• (iv) a dispensation that part of it does not apply for the purposes of this regulation has been granted under regulation 46.

Dispensations

46

• (1) The Competent Authority may grant a conditional or unconditional dispensation from NTRs for a particular case or description of case if the Competent Authority is satisfied that the dispensation is consistent with the essential requirements.

• (2) If the Competent Authority has granted a dispensation that the Competent Authority considers has created ... a rule or restriction of a strictly local nature the Competent Authority must notify the relevant owner that the rule or restriction must be referred to in the infrastructure register.

• (3) Paragraph (1) does not apply in relation to the requirements of the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 or the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001.

• (4) The Secretary of State may grant for a particular case or description of case a dispensation for the purposes of regulation 45(d)(iv).

Revocation and savings

47

• (1) The Railways (Interoperability) Regulations 2006, the Railways (Interoperability) (Amendment) Regulations 2007 and regulation 4 of the Rail Vehicle Accessibility (Interoperable Rail System) 2008 are revoked.

• (2) Where immediately before the coming into force of these Regulations an appointment of a notified body had effect as an appointment under the Railways (Interoperability) Regulations 2006, it continues to have effect as if made as an appointment under regulation 31 of these Regulations for the period specified when appointed.

• (3) Where, under the Railways (Interoperability) Regulations 2006, a structural subsystem has been authorised to be placed in service on the rail system, it is from the coming into force of these Regulations treated as authorised under these Regulations.

• (4) Regulation 4(8), (9) and (9A) of the Railways (Interoperability) Regulations 2006 continue to have effect in relation to a contract made before the coming into force of these Regulations.

• (5) A derogation in force immediately before the coming into force of these Regulations and granted by the Secretary of State in accordance with the High-Speed Directive or a derogation granted by the Competent Authority in accordance with the Conventional Directive is treated as a derogation granted under regulation 14 in accordance Article 9 of the Directive.

• (6) Any person who immediately before the coming into force of these Regulations is the registration body designated under regulation 33(12) of the Railways (Interoperability) Regulations 2006 is treated on and from the coming into force of these Regulations as if the person was designated as the registration entity under regulation 36(11).

Amendments to legislation

48

The Schedule has effect.

Review

49

• (1) The Secretary of State must from time to time—

• (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) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other Member States.

• (3) 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.

• (4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

• (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

SCHEDULE 1 — Amendments to legislation

1

Section 182 of the Equality Act 2010 (rail vehicle accessibility regulations) is amended as follows—

• (a) in subsection (4), in the definition of “rail vehicle” for “high-speed rail system or the conventional TEN rail system” substitute “ trans-European rail system located in Great Britain ”, and

• (b) in subsection (5)—

• (i) omit the definition of “conventional TEN rail system” and the definition of “high-speed rail system”, and

• (ii) at the end insert—

“trans-European rail system” has the meaning given in regulation 2(1) of the Railways (Interoperability) Regulations 2011

2

In regulation 2(1) of the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 (interpretation)—

• (a) omit the definitions of “conventional TEN rail system” and “high-speed rail system”,

• (b) in the definition of “rail vehicle” for “high-speed rail system or the conventional TEN rail system” substitute “ trans-European rail system located in Great Britain ”, and

• (c) after the definition of “tramway” insert—

“trans-European rail system” has the meaning given in regulation 2(1) of the Railways (Interoperability) Regulations 2011;

3

The Railways and Other Guided Transport Systems (Safety) Regulations 2006 are amended as follows—

• (a) in regulation 2(1)—

• (i) in the definition of “Interoperability Regulations” for “2006” substitute “ 2011 ”, and

• (ii) in the definition of “National Vehicle Register” for “33” substitute “ 36 ”,

• (b) in regulation 5(5) omit “regulation 4(1)(a) of”, and

• (c) after regulation 5(5) insert—

(6) Paragraph (5) does not apply in respect of an authorisation deemed to be given under the Interoperability Regulations by operation of regulation 44 of those Regulations.

Signed

Signed by authority of the Secretary of State for Transport

Theresa Villiers — Minister of State — 2011-12-22

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68; section 2(2) is amended, and paragraph 1A of Schedule 2 is inserted, by the Legislative and Regulatory Reform Act 2006 (c.51, sections 27(1)(a) and 28) and both are amended by the European Union (Amendment) Act 2008 (c.7, Part 1 of the Schedule).

[^f00002]: 2000 c.38.

[^f00003]: See definition of trans-European rail system in regulation 2(1) and regulations 6(11), 8(6), 35(3)(b) and 36(7).

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

[^f00005]: 1974 c.37.

[^f00006]: 1987 c.53.

[^f00007]: O.J. No. L 110, 20.4.2001, p1. This Directive was repealed with effect from 19th July 2010 by the Directive.

[^f00008]: O.J. No. L 191, 18.7.2008, p1, as amended by Commission Directive 2009/131/EC (O.J. No. L 273, 17.10.2009, p12) and Commission Directive 2011/18/EU (O.J. No. L 57, 2.3.2011, p21).

[^f00009]: S.I. 1999/283 (N.I.1).

[^f00010]: O.J. No. L 164 30.4.2004, p1.

[^f00011]: O.J. No. L 134, 30.4.2004, p1. There have been amendments to the Directive, but Annex XXI has not been amended.

[^f00012]: O.J. No. L 235 17.9.1996, p6. This Directive was repealed with effect from 19th July 2010 by the Directive.

[^f00013]: The term includes the trans-European rail system.

[^f00014]: O.J. No. L 108, 29.4.2009, p4.

[^f00015]: Established under section 15 of the Railways and Transport Safety Act 2003 (c.20).

[^f00016]: O.J. No. L 264, 8.10.2011, p32.

[^f00017]: O.J. No. L 57, 2.3.2011, p8.

[^f00018]: See the general requirements listed in annex III to the Directive.

[^f00019]: S.I. 1998/2456, amended by S.I. 2000/3215 and S.I. 2008/1746 and revoked by S.I. 2010/432.

[^f00020]: 2010 c.15. See article 21(1) and schedule 7 of S.I. 2010/2317 for saving provisions.

[^f00021]: Established under section 201 of the Transport Act 2000 c.38 and abolished by S.I. 2006/2925.

[^f00022]: S.I. 2002/1166, revoked with savings by S.I. 2006/397.

[^f00023]: S.I. 2006/397.

[^f00024]: O.J. No. L 256, 1.10.2011, p1.

[^f00025]: O.J. No. L 305, 23.11.2007, p30, as amended by Commission Decision 2011/107/EU (O.J. No. L43, 17.2.2011, p33).

[^f00026]: S.I. 2006/397, as amended by S.I. 2007/3386 and by regulation 4 of S.I. 2008/1746.

[^f00027]: O.J. No. L 164, 30.4.2004, p44, as amended by Directive 2008/57/EC of the European Parliament and of the Council (O.J. No. L 191, 18.7.2008, p1), by Directive 2008/110/EC of the European Parliament and of the Council (O.J. No. L345, 23.12.2008, p62) and Commission Directive 2009/149/EC (O.J. No. L 313, 28.11.2009, p65).

[^f00028]: O.J. No. L 75, 15.3.2001, p29, as amended by Commission Decision 2002/844/EC (O.J. No. L289, 26.10.2002, p30, Directive 2004/49/EC of the European Parliament and of the Council (O.J. No. L164, 30.4.2004 and Directive 2007/58/EC of the European Parliament and of the Council (O.J. No. L 315, 3.12.2007, p44).

[^f00029]: 1992 c.53.

[^f00030]: 2007 c.15.

[^f00031]: S.I. 1974/2040.

[^f00032]: S.I. 1974/2068.

[^f00033]: Section 20(7) was amended by the Civil Partnership Act 2004 (c.33), Schedule 27, paragraph 49.

[^f00034]: Section 22(1) and (2) were amended by, and section 22(4) was substituted by, the Consumer Protection Act 1987 (c.43), Schedule 3.

[^f00035]: Section 23(4) was amended for England and Wales by the Fire and Rescue Services Act 2004 (c.21), Schedule 1, paragraph 44, and by S.I. 2005/1541. Corresponding amendments were made for Scotland by S.S.I. 2005/383 and S.S.I. 2006/475.

[^f00036]: Section 24(2) and (4) were amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2) (a).

[^f00037]: Section 28(4) was substituted by S.I. 2008/960. Section 28(5) was amended by S.I. 2004/3363. Section 28(9) was inserted by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 9. There are other amendments to section 28 not relevant to these Regulations.

[^f00038]: Section 33(1)(c) was amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 11, and Schedule 18. Section 33(1)(m) was amended by the Forgery and Counterfeiting Act 1981 (c.45), the Schedule, Part 1.

[^f00039]: Formerly known as the Health and Safety Agency for Northern Ireland which was established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/ 1039 (N.I. 9)). Article 3(1) of the Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (S.I. 1998/ 2795 (N.I. 18)) changed its name to the Health and Safety Executive for Northern Ireland.

[^f00040]: S.I. 1978/ 1039 (N.I. 9). Article 24 was amended by S.I. 1987/2049 (N.I. 20), Article 28 and Schedule 2, paragraph 3. Article 26 was amended by S.I. 1984/1159 (N.I. 9), Article 35 and Schedule 4. Article 31 was amended by: S.I. 1987/2049 (N.I. 20), Article 28 and Schedule 2 paragraph 7; S.I. 1988/595 (N.I. 3), Article 10(1)(c); S.I. 1986/1883 (N.I. 15), Article 13(3) and Schedule 5; S.I. 1992/1728 (N.I. 17), article 6(1), (3), (4), (5), (7), Article 8 and Schedule 2; S.I. 1998/2795 (N.I. 18), Article 6 and Schedule 1, paragraph 15, and Schedule 2, Forgery and Counterfeiting Act 1981 (c. 45) section 30 and Schedule and the Health and Safety (Offences) Act 2008 (c.20) section 1(3). There are other amendments to the 1978 Order not relevant to these Regulations.

[^f00041]: S.I. 2010/432.

[^f00042]: S.I. 2006/397, as amended by S.I. 2007/3386. S.I. 2006/397 was also amended by the Rail Vehicle Accessibility (Interoperable Rail System) Regulations 2008 (S.I. 2008/1746), but as those amendments came into force on 7th July 2008 they are not relevant to paragraph (3)(a)(i). Regulation 40(6) of S.I. 2006/397 provides for authorisations under the Railways (Interoperability)(High-Speed) Regulations 2002 (2002/1166) to be treated as an authorisation under S.I. 2006/397. Consequently the reference in paragraph (3)(a)(i) to a unit being authorised under the Railways (Interoperability) Regulations 2006 does not include a unit deemed to be authorised by virtue of regulation 4A of those Regulations, but does include a unit that was previously authorised under the Railways (Interoperability)(High-Speed) Regulations 2002.

[^f00043]: S.I. 1998/2456, amended by S.I. 2000/3215 and S.I. 2008/1746 and revoked by S.I. 2010/432.

[^f00044]: O.J. No. L64, 7.3.08, p72.

[^f00045]: S.I. 2006/397 was amended by S.I. 2007/3386 and by regulation 4 of S.I. 2008/1746

[^f00046]: 2010 c. 15.

[^f00047]: S.I. 2010/432.

[^f00048]: S.I. 2006/599, as amended by S.I. 2011/1860; there are other amending instruments but none is relevant.

Editorial notes

[^c21139271]: 1972 c.68; section 2(2) is amended, and paragraph 1A of Schedule 2 is inserted, by the Legislative and Regulatory Reform Act 2006 (c.51, sections 27(1)(a) and 28) and both are amended by the European Union (Amendment) Act 2008 (c.7, Part 1 of the Schedule).

[^c21139281]: 2000 c.38.

[^c21139291]: See definition of trans-European rail system in regulation 2(1) and regulations 6(11), 8(6), 35(3)(b) and 36(7).

[^c21139301]: S.I. 1996/266, to which there are amendments not relevant to these Regulations.

[^c21139311]: 1974 c.37.

[^c21139321]: 1987 c.53.

[^c21139331]: O.J. No. L 110, 20.4.2001, p1. This Directive was repealed with effect from 19th July 2010 by the Directive.

[^c21139381]: O.J. No. L 235 17.9.1996, p6. This Directive was repealed with effect from 19th July 2010 by the Directive.

[^c21139391]: The term includes the trans-European rail system.

[^c21139411]: Established under section 15 of the Railways and Transport Safety Act 2003 (c.20).

[^c21139441]: See the general requirements listed in annex III to the Directive.

[^c21139451]: S.I. 1998/2456, amended by S.I. 2000/3215 and S.I. 2008/1746 and revoked by S.I. 2010/432.

[^c21139461]: 2010 c.15. See article 21(1) and schedule 7 of S.I. 2010/2317 for saving provisions.

[^c21139511]: O.J. No. L 305, 23.11.2007, p30, as amended by Commission Decision 2011/107/EU (O.J. No. L43, 17.2.2011, p33).

[^c21139521]: S.I. 2006/397, as amended by S.I. 2007/3386 and by regulation 4 of S.I. 2008/1746.

[^c21139551]: 1992 c.53.

[^c21139571]: S.I. 1974/2040.

[^c21139581]: S.I. 1974/2068.

[^c21139591]: Section 20(7) was amended by the Civil Partnership Act 2004 (c.33), Schedule 27, paragraph 49.

[^c21139601]: Section 22(1) and (2) were amended by, and section 22(4) was substituted by, the Consumer Protection Act 1987 (c.43), Schedule 3.

[^c21139611]: Section 23(4) was amended for England and Wales by the Fire and Rescue Services Act 2004 (c.21), Schedule 1, paragraph 44, and by S.I. 2005/1541. Corresponding amendments were made for Scotland by S.S.I. 2005/383 and S.S.I. 2006/475.

[^c21139621]: Section 24(2) and (4) were amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2) (a).

[^c21139631]: Section 28(4) was substituted by S.I. 2008/960. Section 28(5) was amended by S.I. 2004/3363. Section 28(9) was inserted by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 9. There are other amendments to section 28 not relevant to these Regulations.

[^c21139641]: Section 33(1)(c) was amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 11, and Schedule 18. Section 33(1)(m) was amended by the Forgery and Counterfeiting Act 1981 (c.45), the Schedule, Part 1.

[^c21139651]: Formerly known as the Health and Safety Agency for Northern Ireland which was established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/ 1039 (N.I. 9)). Article 3(1) of the Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (S.I. 1998/ 2795 (N.I. 18)) changed its name to the Health and Safety Executive for Northern Ireland.

[^c21139661]: S.I. 1978/ 1039 (N.I. 9). Article 24 was amended by S.I. 1987/2049 (N.I. 20), Article 28 and Schedule 2, paragraph 3. Article 26 was amended by S.I. 1984/1159 (N.I. 9), Article 35 and Schedule 4. Article 31 was amended by: S.I. 1987/2049 (N.I. 20), Article 28 and Schedule 2 paragraph 7; S.I. 1988/595 (N.I. 3), Article 10(1)(c); S.I. 1986/1883 (N.I. 15), Article 13(3) and Schedule 5; S.I. 1992/1728 (N.I. 17), article 6(1), (3), (4), (5), (7), Article 8 and Schedule 2; S.I. 1998/2795 (N.I. 18), Article 6 and Schedule 1, paragraph 15, and Schedule 2, Forgery and Counterfeiting Act 1981 (c. 45) section 30 and Schedule and the Health and Safety (Offences) Act 2008 (c.20) section 1(3). There are other amendments to the 1978 Order not relevant to these Regulations.

[^c21139671]: S.I. 2010/432.

[^c21139681]: S.I. 2006/397, as amended by S.I. 2007/3386. S.I. 2006/397 was also amended by the Rail Vehicle Accessibility (Interoperable Rail System) Regulations 2008 (S.I. 2008/1746), but as those amendments came into force on 7th July 2008 they are not relevant to paragraph (3)(a)(i). Regulation 40(6) of S.I. 2006/397 provides for authorisations under the Railways (Interoperability)(High-Speed) Regulations 2002 (2002/1166) to be treated as an authorisation under S.I. 2006/397. Consequently the reference in paragraph (3)(a)(i) to a unit being authorised under the Railways (Interoperability) Regulations 2006 does not include a unit deemed to be authorised by virtue of regulation 4A of those Regulations, but does include a unit that was previously authorised under the Railways (Interoperability)(High-Speed) Regulations 2002.

[^c21139691]: S.I. 1998/2456, amended by S.I. 2000/3215 and S.I. 2008/1746 and revoked by S.I. 2010/432.

[^c21139711]: S.I. 2006/397 was amended by S.I. 2007/3386 and by regulation 4 of S.I. 2008/1746

[^c21139721]: 2010 c. 15.

[^c21139731]: S.I. 2010/432.

[^c21139741]: S.I. 2006/599, as amended by S.I. 2011/1860; there are other amending instruments but none is relevant.

[^key-d907121173deaf00c6d4f1ef52aa4578]: Reg. 37(5) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 92

[^key-3850d66cdd2e62a99654cd4174a64c29]: Words in reg. 2(1) substituted (1.1.2014) by The Railways (Interoperability) (Amendment) Regulations 2013 (S.I. 2013/3023), regs. 1, 2(2)

[^key-0dc310082e61f57038de495e21913c1f]: Words in reg. 12(2)(b) substituted (1.1.2014) by The Railways (Interoperability) (Amendment) Regulations 2013 (S.I. 2013/3023), regs. 1, 2(3)

[^key-de3842924f65d4bf42331fbbeb782042]: Word in reg. 2(1) omitted (1.1.2015) by virtue of The Railways (Interoperability) (Amendment) Regulations 2014 (S.I. 2014/3217), regs. 1, 2(2)(a)

[^key-5ab2d79283caaa3839bb56a9b386e56a]: Words in reg. 2(1) inserted (1.1.2015) by The Railways (Interoperability) (Amendment) Regulations 2014 (S.I. 2014/3217), regs. 1, 2(2)(b)

[^key-6a91ee8a50a721d4d5aed1fe6fe4867c]: Words in reg. 2(1) substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 9(a)

[^key-cf5ecd810a65e6cac72fed2c848f1cd8]: Words in reg. 39 substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 9(c)

[^key-dca16d22aeb8b124f2ed1e6c75d07ff9]: Words in reg. 41 substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 9(d)

[^key-24e7ac14485f6caac0a5deee1b67b4c6]: Words in reg. 42 substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 9(e)

[^key-522dce8a358298ac83e22d1796434953]: Word in reg. 2(1) omitted (8.1.2016) by virtue of The Railways (Interoperability) (Amendment) Regulations 2015 (S.I. 2015/2022), regs. 1, 2(2)(a)(i)

[^key-cee90de57db71f3b9985466dc249ab22]: Words in reg. 2(1) inserted (8.1.2016) by The Railways (Interoperability) (Amendment) Regulations 2015 (S.I. 2015/2022), regs. 1, 2(2)(a)(ii)

[^key-2c8127448cf997067f7acd8ade2fe430]: Words in reg. 2(1) substituted (8.1.2016) by The Railways (Interoperability) (Amendment) Regulations 2015 (S.I. 2015/2022), regs. 1, 2(2)(b)

[^key-0ea5aab691261f508ddf034aaab57188]: Word in reg. 12(2) inserted (8.1.2016) by The Railways (Interoperability) (Amendment) Regulations 2015 (S.I. 2015/2022), regs. 1, 2(3)

[^key-7f3330461c5849f5dabd74a459d87ae7]: Reg. 35(3)(b)(c) substituted (8.1.2016) by The Railways (Interoperability) (Amendment) Regulations 2015 (S.I. 2015/2022), regs. 1, 2(4)

[^key-1fe8a0108f8194aeafaacf0c574abb32]: Words in reg. 35(2)(a) substituted (10.4.2020) by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(a), 2(2)(a)

[^key-a567a05e1497ceda0f95f5f03ee05c61]: Word in reg. 35(3)(b) substituted (10.4.2020) by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(a), 2(2)(b)(i)

[^key-66e92d6d9cb23939d413b801e0a58d94]: Reg. 35(3)(c) substituted (10.4.2020) by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(a), 2(2)(b)(ii)

[^key-49f943e7a859f6659de4e2d2c0df07b8]: Pt. 1A inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(6); 2020 c. 1, Sch. 5 para. 1(1) as amended by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 4(3)(a), 4(3)(b)

[^key-a8759aaa50d36d5792769e71a3308587]: Reg. 3A inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e007f623e8f2a7ec1c477972044da969]: Pt. 4 heading substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(35); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4f6dac51495a6bd1784549ade235baa1]: Reg. 14A inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(20); 2020 c. 1, Sch. 5 para. 1(1)

[^key-015e83e9fff8831acd44f6d390e78b40]: Regs. 34A, 34B inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(41); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b876f07f035e7d9ef978230532d24cd8]: Reg. 47A inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(50) ( as amended by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 4(9)); 2020 c. 1, Sch. 5 para. 1(1);

[^key-ac838236fc93733a7eae2de9ec17d5d4]: Word in Sch. heading inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(51); 2020 c. 1, Sch. 5 para. 1(1)

[^key-be2341c3120cfd31fcac4ff8d8b57922]: Sch. 2 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), reg. 1(2), Sch. 1; 2020 c. 1, Sch. 5 para. 1(1) (as amended by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(12))

[^key-9f5fb18027790a71d5acc6db8f365bf0]: Sch. 3 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), reg. 1(2), Sch. 2; 2020 c. 1, Sch. 5 para. 1(1)

[^key-40a4baa342deba4c64f7256ec306552f]: Sch. 4 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), reg. 1(2), Sch. 3 (as amended by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(13)(a), 5(13)(b), 5(13)(c), 5(13)(d)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2af3dbebd9d72313c0fe7e83080bb1b0]: Sch. 5 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), reg. 1(2), Sch. 4 (as amended by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 4(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ecdadf56f1270edea24905f0df83996a]: Sch. 6 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), reg. 1(2), Sch. 5; 2020 c. 1, Sch. 5 para. 1(1)

[^key-b85e770f89e729ea72b1d454b9f9d1e2]: Sch. 7 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), reg. 1(2), Sch. 6 (as amended: by S.I. 2020/318, regs. 1(2)(b), 5(14)(a), 5(14)(b) and S.I. 2020/786, regs. 1(2)(b)(i), 4(11)(a), 4(11)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-10415ec5aa1541b8b2a83de0c9075dbc]: Sch. 8 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), reg. 1(2), Sch. 7 (as amended by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(15)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-396be421c2e9aa64fbb175d0e97a68d5]: Words in reg. 2 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1) (as amended by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(2)(a), and The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 4(2)(a))

[^key-855bd8f0e81bcc4928edfaae118f61e3]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8912b47253f25e9832ae11607fa8ae37]: Words in reg. 2 omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3cec5d05f1e57847f5e4a98aa7fbeb80]: Word in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a6b456934d67c52cde03a8ca6ad6adad]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(e); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d41ddb02a42629cab8be27e256903276]: Words in reg. 2 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(f); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ee3b6d0ea69a42705c185130ec96e395]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(g); 2020 c. 1, Sch. 5 para. 1(1) (as amended by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(2)(b))

[^key-e86881d7bf5174561957a75d679847af]: Words in reg. 2 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(h); 2020 c. 1, Sch. 5 para. 1(1) (as amended by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(2)(c))

[^key-1f39b5a6b1fdeabb37643ba7e75087fb]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8598937d9a500fea38945a87a1b365f8]: Words in reg. 2 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(j); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3439ad77d0c057ac95ec95a55ed4b451]: Words in reg. 2 omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(k); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1172c969c802ce7becb63278daaa3743]: Words in reg. 2 omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(l); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6002e355f9ef58732afe73306a1b5a23]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(n); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a8b2449e5809d2beacfa6d139cb9e5d9]: Words in reg. 2 omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(o); 2020 c. 1, Sch. 5 para. 1(1)

[^key-88505a342bd77d43e03cacb7bf8babb7]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(p); 2020 c. 1, Sch. 5 para. 1(1)

[^key-dc9b8392196c366f83aed9128b0b5a81]: Words in reg. 2 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(q); 2020 c. 1, Sch. 5 para. 1(1)(as amended by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(2)(f)(i), 5(2)(f)(ii))

[^key-e55cd2f301da12713f23ceb0c8c98813]: Words in reg. 2 omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(r); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3789fcf5bc9e8f2e97e9c51ed5c3c714]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(s) (as amended by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 4(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d9e6bee2a0196c9d0e9969522ee19cf3]: Words in reg. 2 omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(t); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a877eb7b4c202568a53e5fe892ec56f8]: Words in reg. 2 omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(u); 2020 c. 1, Sch. 5 para. 1(1)

[^key-dc4782dea35a722f289d77beef3146ae]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(v); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6842c75b91baa7b6c7d18b48471bf0e0]: Word in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(w); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0d0506254c1b8047fdc4aec72c27b8d3]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(x); 2020 c. 1, Sch. 5 para. 1(1)

[^key-910f395465c8d4ea972fccb34d7fa863]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(y); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f0a058b41e73ace52ff8916df7d5b2fa]: Words in reg. 2 omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(z); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f98ea7eefb9c66732c3719ffe6cb1a75]: Words in reg. 2 substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(aa); 2020 c. 1, Sch. 5 para. 1(1) (as amended by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(2)(g))

[^key-397575a21f9c6647d4c542c20f7aeb75]: Words in reg. 2 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(bb); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3a93968cbf46a249ae7170aa4952cf58]: Words in reg. 2 omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(cc); 2020 c. 1, Sch. 5 para. 1(1)

[^key-bc304b4f6bc2a5da77d84c837396f910]: Words in reg. 2 omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(dd); 2020 c. 1, Sch. 5 para. 1(1)

[^key-abf71c888ac60138a7ba92e4f129b0f9]: Words in reg. 2(3) omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(ff); 2020 c. 1, Sch. 5 para. 1(1)

[^key-246baef4eafa47989fa55642d18cf92e]: Words in reg. 2 inserted (31.12.2020) by S.I. 2019/345, reg. 2(2)(ka) (as inserted by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(2)(d))

[^key-61e2819b8d261449b4c4e05f1b5a9b83]: Words in reg. 2 inserted (31.12.2020) by S.I. 2019/345, reg. 2(2)(m) (as substituted by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(2)(e))

[^key-1223a6bb2ce7b3f30163491401abad6e]: Words in reg. 2 inserted (31.12.2020) by S.I. 2019/345, reg. 2(2)(ab) (as inserted by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(2)(h))

[^key-fc484ed9fc863c2c80f2b31888f2e375]: Reg. 2(2) omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(2)(ee); 2020 c. 1, Sch. 5 para. 1(1)

[^key-692e5d699e5b17ed26087fad46debdc0]: Reg. 3(1)(a) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e4d8d5a75e93f1b0f90152151b04d64a]: Word in reg. 3(7) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-aaa4efa22b161b57d5310ed899e89e8b]: Reg. 4(4) inserted by S.I. 2019/345, reg. 2(7)(d) (as substituted) by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(3))

[^key-d9b36ee009a14c9a9b6b93ce4126e1e1]: Word in reg. 4(1)(a) inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-60531802a554c7e54dd8ee80e6786a57]: Reg. 4(1)(c) and word omitted (31.12.2020) by virtue of The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)