The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016

• (a) a decision by the Office of Rail and Road on an appeal brought under this regulation is binding on all parties affected by that decision;

• (b) it is the duty of any person to whom a direction is given under this regulation to comply with and give effect to that direction.

Regulatory decisions concerning international passenger services

33

• (1) The Office of Rail and Road must, at the request of a competent authority or interested railway undertaking, determine whether the principal purpose of a service is to carry passengers between stations located in the United Kingdom and a member State.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The Office of Rail and Road must—

• (a) at the request of a relevant party and in accordance with paragraphs (5) and (6), determine whether the exercise of the right conferred under regulation 5 by an applicant for infrastructure capacity notified under regulation 19(7) would compromise the economic equilibrium of a relevant public service contract; and

• (b) make the determination on the basis of an objective economic analysis and in accordance with pre-determined criteria published by it.

• (4) For the purposes of paragraph (3), and (6)(d) a relevant party is—

• (a) the competent authority or authorities that awarded the relevant public service contract;

• (b) any other competent authority with a right to limit access along the route of the international passenger service notified under regulation 19(7);

• (c) the infrastructure manager; and

• (d) the railway undertaking performing the relevant public service contract to which the request relates.

• (5) Within one month of receipt of a request under paragraph (3)(a), the Office of Rail and Road must consider the information provided (including information provided pursuant to section 80 of the Act, as modified by regulation 36), and, as appropriate, ask for further relevant information from, and initiate consultation with, all relevant parties.

• (6) The Office of Rail and Road must, within six weeks of receipt of all relevant information and, where appropriate, of any representations made by the Secretary of State under paragraph (9)—

• (a) complete a consultation initiated under paragraph (5) or, as the case may be, under paragraph (9) if required;

• (b) make a decision on a request made under paragraph (3)(a);

• (c) where appropriate, issue a direction to the infrastructure manager, allocation body, charging body, service provider or, as the case may be, railway undertaking, limiting the access rights conferred under regulation 5, if the exercise of those rights would compromise the economic equilibrium of a relevant public service contract; and

• (d) provide the relevant parties and any railway undertaking seeking access for the purpose of operating an international passenger service with the grounds for its decision, and specify a reasonable time period within which, and the conditions under which, any of those parties may request a reconsideration of the decision or direction or both.

• (7) Where the Office of Rail and Road has received a properly made request for a reconsideration of its decision or direction in accordance with paragraph (6)(d), any decision or direction it has made under paragraph (6) will not take effect pending reconsideration.

• (8) Where the Office of Rail and Road has received a properly made request for a reconsideration of its decision or direction in accordance with paragraph (6)(d), it must, within six weeks of the date of receipt of all relevant information (including information provided pursuant to section 80 of the Act, as modified by regulation 36) and of any representations made by the Secretary of State under paragraph (9)—

• (a) make a reconsidered decision on the request; and

• (b) where appropriate, issue or reissue a decision or direction to the infrastructure manager, allocation body, charging body, service provider or, as the case may be, railway undertaking.

• (9) Where a decision or direction under paragraph (6) or (8) would affect a rail link facility or, as the case may be, the operation of the development agreement, the Office of Rail and Road must consult and, subject to paragraph (10), take into account any representations made by the Secretary of State before making or issuing such a decision or direction.

• (10) Where paragraph (9) applies and, following consultation, the Secretary of State submits representations, the Office of Rail and Road must, before making or issuing a decision or direction, or reconsidered decision or direction, consult such interested parties as it considers appropriate on the representations submitted by the Secretary of State.

• (11) In making a decision on a request made under paragraph (3), or a request for a reconsideration of its decision under paragraph (6), the Office of Rail and Road must either—

• (a) confirm that no modification of the infrastructure manager or allocation body's decision to award access rights is required; or

• (b) require modification of that decision in accordance with directions issued by the Office of Rail and Road.

• (12) Without prejudice to the right of any person to make an application to the court under Part 54 of the Civil Procedure Rules 1998—

• (a) a decision by the Office of Rail and Road on a request made under paragraph (3), or a request for a reconsideration of its decision under paragraph (6), is binding on all parties affected by that decision; and

• (b) it is the duty of any person to whom a direction is given under this regulation to comply with and give effect to that direction.

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring the rail services markets

34

• (1) The Office of Rail and Road must monitor the competitive situation in the rail services markets.

• (2) In particular it must—

• (a) control the matters referred to in regulation 32(2) on its own initiative and with a view to preventing discrimination against applicants; and

• (b) check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate against applicants.

• (3) The Office of Rail and Road must, where appropriate and on its own initiative, give appropriate directions to correct—

• (a) discrimination against applicants;

• (b) market distortion; or

• (c) undesirable developments in relation to the competitive situation in the rail services markets, in particular with reference to the matters referred to in regulation 32(2).

• (4) Without prejudice to the right of any person to make an application to the court under Part 54 of the Civil Procedure Rules 1998, it is the duty of any person to whom a direction is given under paragraph (3) to comply with and give effect to that direction.

• (5) The Office of Rail and Road and the safety authority for the Channel Tunnel within the meaning of the Railways (Interoperability) Regulations 2011 must cooperate closely, in particular with a view jointly to develop a framework for information-sharing and cooperation aimed at preventing adverse effects on competition or safety in the rail services markets.

• (6) The framework must include a mechanism for—

• (a) the Office of Rail and Road to provide the safety authority referred to in paragraph (5) with recommendations on issues that may affect competition in the rail services markets; and

• (b) that safety authority to provide the Office of Rail and Road with recommendations on issues which may affect safety.

• (7) Without prejudice to their independence within the field of their competence, the Office of Rail and Road and the safety authority referred to in paragraph (5) must each examine any relevant recommendation which it receives under paragraph (6)(a) or (b), as the case may be, before making a relevant decision or direction and must give reasons if it deviates from the recommendation.

• (8) The Office of Rail and Road must regularly, and in any case at least every two years, consult representatives of users of the rail freight and passenger transport services, to take into account their views on the rail services markets.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Audits

35

• (1) The Office of Rail and Road may carry out an audit or initiate an external audit of an infrastructure manager, service provider and, where relevant, railway undertaking to verify compliance with the accounting separation provisions laid down in regulation 9.

• (2) For the purposes of paragraph (1) the power of the Office of Rail and Road under section 80 of the Act , as modified by regulation 36, to request relevant information to perform its functions includes a power to request any relevant party to provide all or part of the accounting information listed in Schedule 5 with a sufficient level of detail as is deemed necessary and proportionate.

• (3) For the purposes of paragraph (2) “any relevant party” includes an infrastructure manager, service provider, railway undertaking or other entity performing or integrating different types of rail transport or infrastructure management as referred to in regulations 6 and 9(1).

• (4) The Office of Rail and Road may draw conclusions from the accounts concerning state aid issues, which it must report to the Secretary of State.

Provision of information to the regulatory body

36

• (1) If the Office of Rail and Road requests information in connection with its functions under these Regulations, section 80 of the Act (duty of certain persons to furnish information on request) applies as if—

• (a) in subsection (1)—

• (i) for “Licence holders” there were substituted “ An infrastructure manager, allocation body, charging body, applicant, service provider or any other party ”;

• (ii) for “he, they or it” in both places there were substituted “ it ”; and

• (iii) for “functions of the Secretary of State, the Scottish Ministers or (as the case may be) that Office under this Part, the Transport Act 2000 or the Railways Act 2005 or any other function or activity of his, theirs or its in relation to railway services.” there were substituted “ of its functions under the Railways (Access, Management and Licensing Railway Undertakings) Regulations 2016. ”;

• (b) after subsection (1A) there were added—

(1B) In subsection (1) “allocation body”, “charging body”, “applicant”, “infrastructure manager” and “service provider” have the same meanings as in the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 .

• (c) in subsection (2) —

• (i) for “being not less than 28 days” there were substituted “ being not more than one calendar month ”; and

• (ii) at the end of that subsection there were added:

save that, in exceptional circumstances, the Office of Rail and Road may authorise a time extension of a further two weeks for compliance with the request.

; and

• (d) for “the Secretary of State, the Scottish Ministers or the Office of Rail and Road” in each place there were substituted “ the Office of Rail and Road ”.

• (2) Information which may be requested under section 80 of the Act, as modified by paragraph (1), includes data which are necessary for statistical and market observation purposes.

Cooperation between regulatory bodies

37

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

Enforcement of decisions, directions and notices

38

• (1) If the Office of Rail and Road is satisfied that a relevant operator has contravened, or is contravening, a relevant decision, direction or notice, it may impose on the relevant operator a penalty of such amount as is reasonable.

• (2) In this regulation—

• (a) “relevant decision, direction or notice” means—

• (i) a decision made, or direction issued, by the Office of Rail and Road under regulation 31, 32, 33 or 34;

• (ii) a direction given by the Office of Rail and Road under section 17 or 22A of the Act , where the direction relates to a matter referred to in regulation 32(2)(c) to (g) and was applied for as a result of regulation 32(3); or

• (iii) a notice served by the Office of Rail and Road under section 80 of the Act, as modified by regulation 36; and

• (b) “relevant operator” means—

• (i) a person issued with a decision or direction under regulation 31, 32, 33 or 34;

• (ii) a person to whom a direction of the kind described in sub-paragraph (a)(ii) has been given; or

• (iii) a person on whom a notice is served under section 80 of the Act, as modified by regulation 36.

• (3) Sections 57A(2), (3), (6) and (7), 57B(1) to (6), 57C, 57D(1), 57E and 57F of the Act (“the applicable provisions”) have effect in relation to a penalty imposed under paragraph (1) as if it had been imposed under section 57A(1) of the Act.

• (4) For the purposes of paragraph (3)—

• (a) references in the applicable provisions to the “relevant operator” are to be construed in accordance with this regulation;

• (b) references in the applicable provisions to the “appropriate authority” are to be read as references to the Office of Rail and Road;

• (c) section 57A(2) has effect as if for paragraphs (a) and (b) there were substituted “ to the Secretary of State. ”;

• (d) references in section 57B(1) and (3) to (6) to “the Secretary of State, the Scottish Ministers and the Office of Rail and Road” are to be read as references to the Office of Rail and Road;

• (e) references in section 57B(3) and (4) to “his, their or its” are to be read as references to “its”;

• (f) in sections 57B(2) and 57C, any reference to a “relevant condition or requirement or order” has effect as if it included a reference to a relevant decision, direction or notice;

• (g) section 57D(1) has effect as if for paragraphs (a) and (b) there were substituted—

of a relevant decision, direction or notice (within the meaning of regulation 38 of the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 ),

; and

• (h) section 57F(1) has effect as if for paragraph (a) there were substituted—

(a) that it was not within the powers of regulation 38(1) of the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016,

PART 7 — The Railway (Licensing of Railway Undertakings) Regulations 2005

Amendment of the Railway (Licensing of Railway Undertakings) Regulations 2005

39

• (1) The Railway (Licensing of Railway Undertakings) Regulations 2005 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “the 1995 Directive” insert—

“the 2012 Directive” means Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) ;

• (b) after the definition of “ORR” insert the following definition—

“railway undertaking” means any public or private undertaking, the principal business of which is to provide services for the transport of goods and/or passengers by rail with a requirement that the undertaking ensure traction; this includes undertakings which provide traction only;

; and

• (c) omit paragraph (2).

• (3) In regulation 4 (scope)—

• (a) in paragraph (2)(c) omit the words “that are not covered by the scope of Council Directive 91/440/EEC dated 29th July 1991 on the development of the Community's railways”; and

• (b) after paragraph (2) insert—

(3) For the purposes of paragraph (2)— (a) “urban or suburban rail passenger services” means transport services whose principal purpose is to meet the passenger transport needs of an urban centre or conurbation, including a cross-border conurbation, together with transport needs between such a centre or conurbation and surrounding areas; and (b) “regional rail freight services” means transport services whose principal purpose is to meet the rail freight transport needs of a region, including a cross-border region.

• (4) In regulation 5 (prohibition of unlicensed provision of services), paragraph (4), after the words “the 1995 Directive” add “ or the 2012 Directive ”.

• (5) In regulation 6 (appointment of licensing authority and grant of European licences)—

• (a) after paragraph (4) insert—

(4A) In the exercise of its functions under these Regulations, the ORR shall comply with Commission Implementing Regulation (EU) 2015/171 of 4th February 2015 on certain aspects of the procedure of licensing railway undertakings .

; and

• (b) in paragraph (11) after the words “The ORR shall” insert “ without delay ”.

• (6) In regulation 8 (monitoring, suspension and revocation of European licences)—

• (a) for paragraph (2) substitute—

(2) The ORR shall take such steps as are necessary to enable it to determine whether or not a railway undertaking complies with a requirement referred to in Schedule 2— (a) at regular intervals of at least every 5 years, or (b) at any time the ORR considers that there is serious doubt whether the railway undertaking complies with the requirement.

• (b) in paragraph (5) for the words “the 1995 Directive”, where they first appear, substitute “ the 2012 Directive ” and for the words after “that licensing authority;” to the end substitute—

and in this paragraph, the expression “European licence” means a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the 1995 Directive or the 2012 Directive and a “licensing authority” means the body responsible for granting licences within an EEA State.

; and

• (c) in paragraph (14), for the words “the European Commission”, substitute “ the European Railway Agency ”.

• (7) In regulation 9 (prohibition on operating trains without a statement of national regulatory provisions), paragraph 5, after the words “the 1995 Directive” add “ or the 2012 Directive ”.

• (8) In regulation 17 (general duties of the Rail Passengers' Council), paragraph 2, after the words “the 1995 Directive” add “ or the 2012 Directive ”.

• (9) In regulation 19 (duties of the London Transport Users' Committee), paragraph 2, after the words “the 1995 Directive” add “ or the 2012 Directive ”.

• (10) After regulation 20 insert—

(21) (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 2012 Directive (which is implemented in part by means of these Regulations) is implemented in other EEA 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 the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 come into force. (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

• (11) In Schedule 2—

• (a) At the end of paragraph 7(d) omit “and”;

• (b) after paragraph 7(e) insert—

; and (f) taxes and social security payments.

• (c) in paragraph 8 for the word “substantial” substitute “ considerable or recurrent ”; and

• (d) after paragraph 11(1) insert—

(1A) In determining whether adequate insurance cover is maintained, the ORR may take into account the specificities and risk-profile of different types of services, in particular of railway operations for cultural or heritage purposes.

PART 8 — Miscellaneous

Statutory authority to run trains

40

Any applicant granted access rights under these Regulations is, if and to the extent that it would not, apart from this regulation, have statutory authority to run trains over any track in exercise of such rights, taken to have statutory authority to do so.

Civil proceedings

41

• (1) Any obligation which a person owes under or arising from—

• (a) regulation 5;

• (b) regulation 6;

• (c) regulation 8;

• (d) regulation 9;

• (e) regulation 10;

• (f) paragraphs (1) to (5) of regulation 12;

• (g) paragraphs (2)(a), (5)(b), (9), and (13) of regulation 14;

• (h) paragraph (5) of regulation 15;

• (i) paragraph (4), (14) and (16)(c) of regulation 19;

• (j) paragraphs (4), (5), and (6) of regulation 21;

• (k) paragraph (8) of regulation 31;

• (l) paragraph (11) of regulation 32;

• (m) paragraph (12) of regulation 33; or

• (n) paragraph (4) of regulation 34,

is a duty owed to any person who may be affected by a breach of that obligation and is actionable by any such person who sustains loss, damage or injury caused by the breach at the suit or instance of that person.

• (2) In any proceedings brought against an infrastructure manager, railway undertaking, service provider, allocation body, charging body or applicant under paragraph (1), it is a defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid the breach of duty.

• (3) Without prejudice to the right which any person may have by virtue of paragraph (1) to bring civil proceedings in respect of any breach of duty, the obligation to comply is enforceable by civil proceedings by the Office of Rail and Road for an injunction or for interdict or any other relief.

Making of false statements etc.

42

• (1) If any person, in giving any information or making any application under or for the purposes of any provision of these Regulations, makes any statement which that person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, that person is guilty of an offence and liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

• (c) on conviction on indictment, to a fine.

• (2) The consent of the Secretary of State or the Director of Public Prosecutions is required before proceedings are instituted in England or Wales in respect of an offence under this regulation.

Offences by bodies corporate and Scottish partnerships

43

• (1) Where an offence under these Regulations has been committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member's functions of management as if the member were a director of the body corporate.

• (3) Where a Scottish partnership is guilty of an offence under these Regulations in Scotland and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, or any person who was purporting to act in any such capacity, that partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

Restriction on disclosure of information

44

Section 145 of the Act (general restrictions on disclosure of information) has effect in relation to information which—

• (a) relates to the affairs of any individual or to any particular business; and

• (b) has been obtained—

• (i) under or by virtue of any provision of these Regulations; or

• (ii) by the regulatory bodies, within the meaning of the IGC regulation, in pursuance of functions conferred by Article 3 of that regulation,

as it has effect in relation to such information obtained under or by virtue of any of the provisions of the Act.

Breaches of duty outside the United Kingdom

45

• (1) For the purpose of determining whether a breach of the duty imposed by regulation 9 has occurred, it is immaterial that the relevant acts or omissions occurred outside the United Kingdom if, when they occurred, the person—

• (a) was a United Kingdom national; or

• (b) was a body incorporated under the law of any part of the United Kingdom; or

• (c) was a person (other than a United Kingdom national or such a body) maintaining a place of business in the United Kingdom.

• (2) In this regulation “United Kingdom national” means an individual who is—

• (a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

• (b) a person who under the British Nationality Act 1981 is a British subject; or

• (c) a British protected person (within the meaning of that Act).

Review

46

• (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 (which is implemented in part by these Regulations) is implemented in other EEA 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

PART 1 — Amendments to Primary Legislation

The Railway Fires Act 1905

1

In section 4 of the Railway Fires Act 1905 (definitions and application), for paragraph (c) of the definition of “railway company” substitute—

(c) who holds a European licence granted pursuant to— (i) a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) , or (ii) any action taken by an EEA State for that purpose.

The Insolvency Act 1986

2

In Schedule 2A to the Insolvency Act 1986 (exceptions to prohibition on appointment of administrative receiver: supplementary provisions), for paragraph 10(1)(n) substitute—

(n) in reliance on a European licence granted pursuant to— (i) a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or (ii) any action taken by an EEA State for that purpose.

The Railways Act 1993

3

• (1) The Railways Act 1993 is amended as follows.

• (2) In section 6(2) (prohibition on unauthorised operators of railway assets), for the definition of “European licence” substitute—

“European licence” means a licence granted pursuant to— (a) a provision contained in any instrument made for the purpose of implementing— (i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or (ii) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or (b) any action taken by an EEA State for that purpose;

• (3) For section 80(1A) (duty of certain persons to furnish information to the Secretary of State, the Scottish Ministers or the Office of Rail and Road on request) for the words from “for the purpose of implementing” to the end substitute—

for the purpose of implementing— (a) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or (b) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast).

• (4) In section 145(2) (general restrictions on disclosure of information)—

• (a) in paragraph (ga) , for the words from “for the purpose of implementing” to the end substitute—

for the purpose of implementing— (i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or (ii) Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast);

; and

• (b) omit paragraph (gb) .

The Greater London Authority Act 1999

4

In section 235(2)(b) of the Greater London Authority Act 1999 (restrictions on disclosure of information), for the words from “implementing” to the end substitute “ implementing Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast); ”.

The Railways and Transport Safety Act 2003

5

In section 17 of the Railways and Transport Safety Act 2003 (extent)—

• (a) omit “only”, and

• (b) after paragraph (b) insert—

, and (c) Northern Ireland.

The Civil Contingencies Act 2004

6

• (1) Schedule 1 to the Civil Contingencies Act 2004 is amended as follows.

• (2) For paragraph 24(1) substitute—

(1) A person who provides services in connection with railways in Great Britain and who holds a European licence granted pursuant to— (a) a provision contained in any instrument made for the purpose of implementing— (i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or (ii) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or (b) any action taken by an EEA State for that purpose.

• (3) For paragraph 35(1) substitute—

(1) A person who provides services in connection with railways, in so far as such services are provided in Scotland, and who holds a European licence granted pursuant to— (a) a provision contained in any instrument made for the purpose of implementing— (i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or (ii) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or (b) any action taken by an EEA State for that purpose.

PART 2 — Amendments to Secondary Legislation

The Town and Country Planning (Control of Advertisements) Regulations 1992

7

In regulation 2(1) (interpretation) of the Town and Country Planning (Control of Advertisements) Regulations 1992 , in the definition of “statutory undertaker” for the words from “Council Directive” to “of the Council” substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) ”.

The London Underground (East London Line Extension) (No. 2) Order 2001

8

In Schedule 11 (protection for Railtrack) to the London Underground (East London Line Extension) (No. 2) Order 2001 , in the definition of “train operator” in paragraph 1(2) for the words from “Council Directive” to the end substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast). ”.

The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002

9

In Part 1 of Schedule 11 (for protection of railway undertakers) to the Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 , in the definition of “train operator” in paragraph 13(6) for the words from “Council Directive” to the end substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast). ”.

The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004

10

In Schedule 13 (for protection of railway interests) to the Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 , in the definition of “train operator” in paragraph 15(6) for the words from “Council Directive” to the end substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast). ”.

The British Transport Police (Police Services Agreement) Order 2004

11

In article 2(1)(b) (requirement to enter into a police services agreement) of the British Transport Police (Police Services Agreement) Order 2004 for the words from “Council Directive” to “of the Council” substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) ”.

The Central Rating List (Wales) Regulations 2005

12

In regulation 7(3) (railway hereditaments) of the Central Rating List (Wales) Regulations 2005 , in the definition of “ “licence exempt operator” and “licence holder”” for the words from “Council Directive” to “of the Council” substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) ”.

The Central Rating List (England) Regulations 2005

13

In regulation 6(4) (railway hereditaments) of the Central Rating List (England) Regulations 2005 in the definition of “ “licence exempt operator” and “licence holder”” for the words from “Council Directive” to the end substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast); ”.

The Railways (Interoperability) Regulations 2011

14

In regulation 36(10)(b)(i) (national vehicle register) of the Railways (Interoperability) Regulations 2011 , for the words from “article 30” to the end substitute “ article 55 of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast); ”.

The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015

15

• (1) The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015 is amended as follows.

• (2) In regulation 2 (interpretation) for the definitions of “the 2005 Regulations” and “the 2015 Regulations” substitute—

“the 2016 Regulations” means the Railway (Access, Management and Licensing of Railway Undertakings) Regulations 2016 ;

• (3) In regulation 5(2) for the words “the 2005 Regulations, as amended by the 2015 Regulations,”, substitute “ the 2016 Regulations ”.

• (4) In regulation 5(2)(a) and (2)(b) for the words “the 2005 Regulations as so amended,”, in both places, substitute “ the 2016 Regulations ”.

SCHEDULE 2 — Services to be supplied to railway undertakings

1

The minimum access package referred to in regulation 6(1) must comprise—

• (a) handling of requests for infrastructure capacity; and

• (b) the right to utilise such capacity as is granted and, in particular—

• (i) such railway infrastructure including track, points and junctions as are necessary to utilise that capacity;

• (ii) electrical supply equipment for traction current, where available and as is necessary to utilise that capacity;

• (iii) train control, including signalling, train regulation, dispatching and the communication and provision of information on train movements; and

• (iv) all other information as is necessary to implement or to operate the service for which capacity has been granted.

2

Access, including track access to services facilities and the supply of services referred to in regulations 5, 6 and 10 must comprise, where they exist—

• (a) refuelling facilities, and supply of fuel in these facilities, charges for which must be shown on the invoices separately;

• (b) passenger stations, including buildings and other facilities such as travel information display and a suitable location for ticketing services;

• (c) freight terminals;

• (d) marshalling yards;

• (e) train formation facilities including shunting facilities;

• (f) storage sidings specifically dedicated to the temporary parking of railway vehicles between two assignments;

• (g) maintenance facilities, with the exception of heavy maintenance facilities dedicated to high-speed trains or to other types of rolling stock requiring specific facilities;

• (h) other technical facilities, including cleaning and washing facilities;

• (i) maritime and inland port facilities which are linked to rail activities; and

• (j) relief facilities.

3

The additional services referred to in regulation 6(11) may comprise—

• (a) traction current, charges for which must be shown on the invoices separately from charges for using the electrical supply equipment, without prejudice to the application of Directive 2009/72/EC of the European Parliament and of the Council of 13th July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC ;

• (b) pre-heating of passenger trains;

• (c) tailor-made contracts for—

• (i) control of the transport of dangerous goods; and

• (ii) assistance in running abnormal trains.

4

The ancillary services referred to in regulation 6(12) may comprise—

• (a) access to the telecommunication network;

• (b) the provision of supplementary information;

• (c) technical inspection of rolling stock;

• (d) ticketing services in passenger stations; and

• (e) heavy maintenance services supplied in maintenance facilities dedicated to high-speed trains or to other types of rolling stock requiring specific facilities.

SCHEDULE 3 — Access charging

Principles of access charging

1

• (1) The infrastructure manager must ensure that the application of the charging scheme—

• (a) complies with the rules set out in the network statement produced in accordance with regulation 13; and

• (b) results in equivalent and non-discriminatory charges for different railway undertakings that perform services of an equivalent nature in a similar part of the market.

• (2) The calculation of the charge may in particular take into account the mileage, composition of the train and any specific requirements in terms of such factors as speed, axle load and the degree or period of utilisation of the railway infrastructure.

• (3) Except where specific arrangements are made in accordance with paragraph 3, the infrastructure manager must ensure that the charging system in use is based on the same principles over the whole of the network.

• (4) Without prejudice to sub-paragraph (8) the charges for the minimum access package and track access to service facilities referred to in paragraphs 1 and 2 of Schedule 2 must be set at the cost that is directly incurred as a result of operating the train service.

• (5) From 2nd August 2019 or earlier, the infrastructure manager must , subject to sub-paragraphs (5A) and 5(B), calculate the cost under sub-paragraph (4) or, as the case may be, under the first paragraph of Article 4 of the Channel Tunnel charging framework, in accordance with Commission Implementing Regulation (EU) 2015/909 of 12th June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service .

• (5A) For the purposes of the calculation of direct costs on a network-wide basis, referred to in paragraph 1 of Article 3 of the Commission Implementing Regulation referred to in sub-paragraph (5), the infrastructure manager may apply the costs of efficient service provision.

• (5B) For the purposes of calculating the direct unit costs referred to in paragraph 1 of Article 5 of the Commission Implementing Regulation referred to in sub-paragraph (5), the infrastructure manager may modulate the average direct unit costs to take into account the different levels of wear and tear caused to the infrastructure according to one or more of the parameters listed in paragraph 2 of Article 5 of that Commission Implementing Regulation.

• (6) The charge imposed for track access within service facilities referred to in paragraph 2 of Schedule 2 and the supply of services in such service facilities must not exceed the cost of providing it, plus a reasonable profit.

• (7) If the additional or ancillary services referred to in paragraphs 3 and 4 of Schedule 2 are offered by only one supplier the charge imposed for the supply of those services must not exceed the cost of providing the service, plus a reasonable profit.

• (8) The infrastructure charge may include a charge to reflect the scarcity of capacity of the identifiable segment of the infrastructure during periods of congestion.

• (9) The charges referred to in sub-paragraphs (4) and (8) may be averaged over a reasonable spread of train services and times, but the relative magnitudes of the railway infrastructure charges must be related to the costs attributable to the services.

Exceptions to the charging principles

2

• (1) In order to obtain full recovery of the costs incurred the infrastructure manager, with the approval of the Office of Rail and Road or, in relation to a rail link facility, the Secretary of State, may levy mark-ups on the basis of efficient, transparent and non-discriminatory principles, whilst guaranteeing optimum competitiveness, in particular in respect of rail market segments.

• (2) For the purposes of this paragraph—

• (a) approval given by the Secretary of State in relation to a rail link facility must be given through the development agreement; and

• (b) approval given by the Office of Rail and Road must—

• (i) in relation to railway infrastructure subject to the access charges review, be given as part of that review; and

• (ii) in relation to any other railway infrastructure, be given in such form or manner as the Office may require.

• (3) The effect of sub-paragraphs (1) and (2) must not be to exclude the use of infrastructure by market segments which can pay at least the cost that is directly incurred as a result of operating the railway service, plus a rate of return which the market can bear.

• (4) The charging system must respect the productivity increases achieved by applicants.

• (5) Before approving the levy of a mark-up under sub-paragraph (1) the Office of Rail and Road or, as the case may be, the Secretary of State, must ensure that the infrastructure manager evaluates the relevance of a mark-up for the specific market segments, considering at least the pairs listed in sub-paragraph (10) and retaining the relevant ones.

• (6) The list of market segments to be considered by the infrastructure manager under sub-paragraph (5) must contain at least the three following segments: freight services, passenger services within the framework of a public service contract and other passenger services.

• (7) In addition to the market segments considered under sub-paragraph (5), the infrastructure manager may consider further market segments according to commodity or passengers transported.

• (8) Market segments in which railway undertakings are not currently operating but in which they may provide services during the period of validity of the charging system must also be defined; the infrastructure manager must not include a mark-up in the charging system for those market segments.

• (9) The list of market segments must be published in the network statement and reviewed at least every five years; the Office of Rail and Road must control that list in accordance with paragraph (2) of regulation 31.

• (10) The pairs referred to in sub-paragraph (5) are—

• (a) passenger versus freight services;

• (b) trains carrying dangerous goods versus other freight trains;

• (c) domestic versus international services;

• (d) combined transport versus direct trains;

• (e) urban or regional versus interurban passenger services;

• (f) block trains versus single wagon load trains; and

• (g) regular versus occasional train services.

3

• (1) Subject to sub-paragraph (2), for specific investment projects completed—

• (a) since 1988; or

• (b) following the coming into force of these Regulations,

the infrastructure manager may set or continue to set higher charges on the basis of the long-term costs of the project.

• (2) For sub-paragraph (1) to apply—

• (a) the project must increase efficiency or cost-effectiveness; and

• (b) the project must be one that could not otherwise have been undertaken without the prospect of such higher charges.

• (3) A charging arrangement to which sub-paragraph (1) applies may incorporate agreements on the sharing of the risk associated with new investments.

4

• (1) An infrastructure manager's average and marginal charges for equivalent uses of the railway infrastructure must be comparable, and comparable services in the same market segment must be subject to the same charges.

• (2) The network statement produced by the infrastructure manager in accordance with regulation 13 must demonstrate that the charging system meets the requirements in sub-paragraph (1) in so far as this can be done without the disclosure of commercially confidential information.

5

If an infrastructure manager intends to modify the essential elements of the charging system referred to in paragraph 2 that infrastructure manager must make such modifications public at least three months in advance of the deadline for the publication of the network statement in accordance with regulation 13(9).

Discounts

6

• (1) ... Notwithstanding paragraph 1(4) and (5) of this Schedule, any discount on the charges levied on a user of railway infrastructure by the infrastructure manager, for any service, must comply with the principles set out in this paragraph.

• (2) Except where sub-paragraph (3) applies, discounts must be limited to the actual saving of the administrative cost to the infrastructure manager and, in determining the level of discount to be applied, no account may be taken of cost savings already incorporated in the charge levied.

• (3) The infrastructure manager may introduce schemes available to all users of the railway infrastructure, with reference to specified traffic flows, granting time limited discounts to encourage the development of new rail services, or discounts encouraging the use of considerably under-utilised lines.

• (4) The discounts available must be in accordance with the access charges review, where it applies, or, in the case of a rail link facility, the development agreement.

• (5) Discounts may relate only to charges levied for a specified railway infrastructure section.

• (6) Similar discount schemes must be applied to similar services.

• (7) Discount schemes must be applied in a non-discriminatory manner to any railway undertaking.

Performance Schemes

7

• (1) The basic principles referred to in regulation 16(3) are as follows.

• (2) In order to achieve an agreed level of performance and not to endanger the economic viability of a service, the infrastructure manager must agree with applicants the main parameters of the performance scheme, in particular the value of delays, the thresholds for payments due under the performance scheme relative both to individual train runs and to all train runs of a railway undertaking in a given period of time.

• (3) The infrastructure manager must communicate to the railway undertakings the working timetable, on the basis of which delays will be calculated, at least five days before the train run, except that the infrastructure manager may apply a shorter notice period in case of force majeure or late alterations of the working timetable.

• (4) All delays must be attributable to one of the following delay classes and sub-classes—

• (a) operation/planning management attributable to the infrastructure manager—

• (i) timetable compilation;

• (ii) formation of train;

• (iii) mistakes in operations procedure;

• (iv) wrong application of priority rules;

• (v) staff; or

• (vi) other causes;

• (b) railway infrastructure installations attributable to the infrastructure manager—

• (i) signalling installations;

• (ii) signalling installations at level crossings;

• (iii) telecommunications installations;

• (iv) power supply equipment;

• (v) track;

• (vi) structures;

• (vii) staff; or

• (viii) other causes;

• (c) civil engineering causes attributable to the infrastructure manager—

• (i) planned construction work;

• (ii) irregularities in execution of construction work;

• (iii) speed restriction due to defective track; or

• (iv) other causes;

• (d) causes attributable to other infrastructure managers—

• (i) caused by previous infrastructure manager; or

• (ii) caused by next infrastructure manager;

• (e) commercial causes attributable to the railway undertaking—

• (i) exceeding the stop time;

• (ii) request of the railway undertaking;

• (iii) loading operations;

• (iv) loading irregularities;

• (v) commercial preparation of train;

• (vi) staff; or

• (vii) other causes;

• (f) rolling stock attributable to the railway undertaking—

• (i) roster planning/re-rostering;

• (ii) formation of train by railway undertaking;

• (iii) problems affecting coaches (passenger transport);

• (iv) problems affecting wagons (freight transport);

• (v) problems affecting cars, locomotives and rail cars;

• (vi) staff; or

• (vii) other causes;

• (g) causes attributable to other railway undertakings—

• (i) caused by next railway undertaking; or

• (ii) caused by previous railway undertaking;

• (h) external causes attributable to neither infrastructure manager nor railway undertaking—

• (i) strike;

• (ii) administrative formalities;

• (iii) outside influence;

• (iv) effects of weather and natural causes;

• (v) delay due to external reasons on the next network; or

• (vi) other causes; or

• (i) secondary causes attributable to neither infrastructure manager nor railway undertaking—

• (i) dangerous incidents, accidents and hazards;

• (ii) track occupation caused by the lateness of the same train;

• (iii) track occupation caused by the lateness of another train;

• (iv) turn-around;

• (v) connection; or

• (vi) further investigation needed.

• (5) Wherever possible, delays must be attributed to a single organisation, considering both the responsibility for causing the disruption and the ability to re-establish normal traffic conditions.

• (6) The calculation of payments must take into account the average delay of train services of similar punctuality requirements.

SCHEDULE 4 — Timetable for the Allocation Process

Date of timetable change

1

The working timetable must be established once per calendar year.

Timetable for the production of the working timetable

2

The change of working timetable must take place at midnight on the second Saturday in December. Where an adjustment is carried out after the winter, in particular to take account, where appropriate, of changes in regional passenger traffic timetables, it must take place at midnight on the second Saturday in June and at such other intervals between these dates as are required. Infrastructure managers may agree on different dates and in this case they may inform the Commission if international traffic may be affected.

SCHEDULE 5 — Accounting information to be supplied to the Office of Rail and Road upon request

1

The accounting information referred to in regulation 35(2) is as follows—

Account separationaseparate profit and loss accounts and balance sheets for freight, passenger and railway infrastructure management activities;bdetailed information on individual sources and uses of public funds and other forms of compensation in a transparent and detailed manner, including a detailed review of the businesses' cash flows in order to determine in what way these public funds and other forms of compensation have been used;ccost and profit categories making it possible to determine whether cross-subsidies between these different activities occurred, according to the requirements of the Office of Rail and Road;dmethodology used to allocate costs between different activities;ewhere the regulated firm is part of a group structure, full details of inter-company payments;

Monitoring of track access chargesfdifferent cost categories, in particular providing sufficient information on marginal/direct costs of the different services or groups of services so that railway infrastructure charges can be monitored;gsufficient information to allow monitoring of the individual charges paid for services (or groups of services); if required by the Office of Rail and Road, this information must contain data on volumes of individual services, prices for individual services and total revenues for individual services paid by internal and external customers;hcosts and revenues for individual services (or groups of services) using the relevant cost methodology, as required by the regulatory body, to identify potentially anti-competitive pricing (cross-subsidies, predatory pricing and excessive pricing);

Indication of financial performanceia statement of financial performance;ja summary expenditure statement;ka maintenance expenditure statement;lan operating expenditure statement;man income statement; andnsupporting notes that amplify and explain the statements, where appropriate.

Signed

Signed by authority if the Secretary Of State

Claire Perry — Parliamentary Under Secretary of State — 2016-06-21

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) is amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), Schedule, Part 1.

[^f00002]: S.I. 1996/266, to which there have been amendments not relevant to these Regulations.

[^f00003]: S.I. 2005/3049, amended by S.I. 2009/1122, regulation 2; S.I. 2010/675, Schedule 26, Part 2, paragraph 27; S.I. 2011/1043, article 6(2)(a); S.I. 2015/786, regulations 3 to 8; and S.I. 2015/1682, Schedule, Part 2, paragraph 5.

[^f00004]: S.I. 2009/1122.

[^f00005]: S.I. 2015/786, amended by S.I. 2015/1682, Schedule, Part 2, paragraph 10(oo).

[^f00006]: 1993 c. 43.

[^f00007]: 1996 c. 61 to which supplementary provisions relating to the rail link are applied under the Channel Tunnel Rail Link (Supplementary Provisions) Act 2008 (c. 5).

[^f00008]: Schedule 4A was inserted by the Transport Act 2000 (c. 38), Schedule 24. It is amended by the Enterprise Act 2002 (c. 40), Schedule 25, paragraph 30(1) and (15); the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, Part 1, paragraphs 1 and 3; the Railways Act 2005 (c. 14), Schedule 4 and Schedule 13, Part 1; the Enterprise and Regulatory Reform Act 2013 (c. 24), Schedule 6, Part 1, paragraphs 69 and 81; S.I. 2014/892, Schedule 1, Part 2, paragraphs 99, 110, 111 and 112; and S.I. 2015/1682, Schedule, Part 1, paragraph 1(ccc).

[^f00009]: O.J. No. L 343, 14.12.12, p. 32, as corrected by Corrigendum, O.J. L 67, 12.3.15, p. 32.

[^f00010]: 1989 c. 29. See section 64, amended by the Utilities Act 2000 (c. 27), Schedule 6, Part 2, paragraphs 24 and 38(1) and (3). There are other amendments to this provision which are not relevant to these Regulations.

[^f00011]: 1961 c. 34. See section 175, amended by S.I. 1983/978, regulation 3(1) and Schedule 1.

[^f00012]: Section 18 is amended by the Transport Act 2000 (c. 38), sections 212(6) and 230(1) and (2), Schedule 27, paragraphs 17 and 22, and Schedule 31, Part 4; the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, Part 1, paragraphs 1 and 3(b); the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 12(1) and (3); S.I. 2005/3049, Schedule 1, Part 1, paragraph 4(c); and S.I. 2015/1682, Schedule, Part 1, paragraph 1(z).

[^f00013]: Section 17 is amended by the Transport Act 2000 (c. 38), section 233(1), Schedule 27, paragraphs 17 and 21, and Schedule 31, Part 4; the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 12(1) and (2) and Schedule 11, paragraphs 1 and 3(a); S.I. 1998/1340, regulation 21(5); S.I. 2005/3049, Schedule 1, Part 1, paragraph 4 (a) and (b); and S.I. 2015/1682, Schedule, Part 1, paragraph 1(y).

[^f00014]: See the Schedule to S.I. 2015/785.

[^f00015]: 1954 c. 70; see section 180, substituted by S.I. 2014/3248, Schedule 5, Part 1, paragraph 1.

[^f00016]: 2013 c. 32; see section 112.

[^f00017]: S.I. 1999/2024; see regulation 3, amended by S.I. 2014/3248, Schedule 5, Part 2, paragraph 12.

[^f00018]: 2003 c. 20. Section 15 is amended by S.I. 2015/1682, Schedule, Part 1, paragraph 2(b).

[^f00019]: Amendments have been made to this section which are not relevant to these Regulations.

[^f00020]: O.J. No. L 315, 3.12.07, p.1; amendments have been made which are not relevant to these Regulations.

[^f00021]: O.J. No. L 276, 20.10.10, p. 22; amended by Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11th December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010, O.J. L 348, 20.12.13, p. 129.

[^f00022]: O.J. C 326, 26.10.12, p. 47.

[^f00023]: 1987 c. 53; see section 49.

[^f00024]: 1971 c. 80.

[^f00025]: S.I. 2015/785, amended by S.I. 2015/1682, Schedule, Part 2, paragraph 10(nn).

[^f00026]: S.I. 2005/3050, amended by Part 7 of these Regulations. There are other amendments not relevant to these Regulations.

[^f00027]: S.I. 2006/599, amended by S.I. 2015/1682, Schedule, Part 2, paragraph 6(d).

[^f00028]: S.I. 2007/3531, substituted by S.I. 2013/407, article 2(1) and (8) and the Schedule. There have been other amendments to this provision which are not relevant to these Regulations.

[^f00029]: O.J. No. L 191, 18.7.08, p.1, to which there are amendments not relevant to these Regulations.

[^f00030]: 1987 c. 53.

[^f00031]: S.I. 1998/3132. Part 54 is amended by the Constitutional Reform Act 2005 (c. 4), Schedule 11, Part 1, paragraph 1(2); S.I. 2000/2092, Schedule; S.I. 2002/2058, rule 21; S.I. 2003/364, rule 5(a)-(e); S.I. 2003/3361, rules 12 and 13; S.I. 2007/3543, rule 7(b) and (c); S.I. 2009/3390, rule 29(b); S.I. 2010/2577, rules 3 and 4; S.I. 2012/2208, rules 2 and 9(b) and (c); S.I. 2013/262, rule 18; S.I. 2013/1412, rule 4; S.I. 2015/102, Schedule 6, Part 2, paragraph 11; and S.I. 2015/670, rules 4, 7, 9 and 10. There are other amendments to Part 54 which are not relevant to these Regulations.

[^f00032]: The British Railways Board was established by section 1 of the Transport Act 1962 (c. 46). This provision is to be repealed by the Transport Act 2000 (c. 38), Schedule 31, Part 4 on a date to be appointed.

[^f00033]: O.J. No. L 276, 20.10.10, p. 22; amended by Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11th December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010, O.J. L 348, 20.12.13, p. 129.

[^f00034]: O.J. No. L 3, 7.1.15, p. 34.

[^f00035]: 1993 c. 43. Section 18 is amended by the Transport Act 2000 (c. 38), sections 212(6) and 230(1) and (2), Schedule 27, paragraphs 17 and 22 and Schedule 31, Part 4; the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, Part 1, paragraphs 1 and 3(b); the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 12(1) and (3); S.I. 2005/3049, Schedule 1, Part 1, paragraph 4(c); and S.I. 2015/1682, Schedule, Part 1, paragraph l(z).

[^f00036]: Section 17 is amended by the Transport Act 2000 (c. 38), section 233(1), Schedule 27, paragraphs 17 and 21, and Schedule 31, Part 4; the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 12(1) and (2) and Schedule 11, paragraphs 1 and 3(a); S.I. 1998/1340, regulation 21(5); S.I. 2005/3049, Schedule 1, Part 1, paragraph 4(a) and (b); and S.I. 2015/1682, Schedule, Part 1, paragraph 1(y). Sections 19 to 22A and 22C are amended by S.I. 2015/1682, Schedule, Part 1, paragraph 1(aa) to (gg). Section 19 is amended by the Transport Act 2000 sections 230(3) and (4) and 233(2) and Schedule 31, Part 4; the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, Part 1, paragraphs 1 and 3; and the Railways Act 2005, Schedule 1, Part 1, paragraph 12 and Schedule 11, paragraphs 1 and 3(b). Section 19A was inserted by the Transport Act 2000, section 231(1). Section 20 is amended by the Transport Act 2000, Schedule 27, paragraphs 17 and 23 and Schedule 31, Part 4; and the Railways and Transport Safety Act 2003, Schedule 2, Part 1, paragraphs 1, 3 and 9. Section 21 is amended by the Railways and Transport Safety Act 2003, Schedule 2, Part 1, paragraphs 1, 3 and 10, and Schedule 8. Section 22 is amended by the Competition Act 1988 (c. 41), Schedule 10, Part 4, paragraph 15; the Transport Act 2000, section 232(1) and Schedule 31, Part 4; the Railways and Transport Safety Act 2003, Schedule 2, Part 1, paragraphs 1 and 3; and S.I. 2014/892, Schedule 1, Part 2, paragraphs 99 and 104. Sections 22A, 22B and 22C were inserted by the Transport Act 2000 section 232(2). Section 22A is amended by S.I. 2005/3049, Schedule 1(1), paragraph 4(d). Section 22C is amended by the Railways and Transport Safety Act 2003, Schedule 2, Part 1, paragraphs 1 and 3.

[^f00037]: O.J. No. L 94, 8.4.16, p. 1.

[^f00038]: O.J. No. L 276, 20.10.10, p. 22; amended by Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11th December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010, O.J. L 348, 20.12.2013, p. 129.

[^f00039]: 1993 c. 43. Section 4(1) is amended by the Competition Act 1988 (c. 41), Schedule 10, paragraph 6(3); the Transport Act 2000 (c. 38), section 224(1) and (2); the Enterprise Act 2002 (c. 40), Schedule 25, paragraphs 30(1) and (2) and Schedule 26; the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, Part 1, paragraphs 1 and 3; the Railways Act 2005 (c. 14), section 3 and Schedule 13, Part 1; S.I. 2014/892, Schedule 1, Part 2, paragraphs 99 and 100 and S.I. 2015/1682, Schedule, Part 1, paragraph 1(a). There are further amendments to section 4 which are not relevant to these Regulations.

[^f00040]: 2003 c. 20. Amendments have been made to Schedule 1 which are not relevant to these Regulations.

[^f00041]: S.I. 1998/3132. Part 54 is amended by the Constitutional Reform Act 2005 (c. 4), Schedule 11, Part 1, paragraph 1(2); S.I. 2000/2092, Schedule; S.I. 2002/2058, rule 21; S.I. 2003/364, rule 5(a)-(e); S.I. 2003/3361, rules 12 and 13; S.I. 2007/3543, rule 7(b) and (c); S.I. 2009/3390, rule 29(b); S.I. 2010/2577, rules 3 and 4; S.I. 2012/2208, rules 2 and 9(b) and (c); S.I. 2013/262, rule 18; S.I. 2013/1412, rule 4; S.I. 2015/102, Schedule 6, Part 2, paragraph 11; and S.I. 2015/670, rules 4, 7, 9 and 10. There are other amendments to Part 54 which are not relevant to these Regulations.

[^f00042]: 1993 c. 43. Section 17 is amended by the Transport Act 2000 (c. 38), section 233(1), Schedule 27, paragraphs 17 and 21, and Schedule 31, Part 4; the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 12(1) and (2) and Schedule 11, paragraphs 1 and 3(a); S.I. 1998/1340, regulation 21(5); S.I. 2005/3049, Schedule 1, Part 1, paragraph 4(a) and (b); and S.I. 2015/1682, Schedule, Part 1, paragraph 1(y). Section 22A was inserted by the Transport Act 2000, section 232(2), and amended by S.I. 2005/3049, Schedule 1(1), paragraph 4(d); and S.I. 2015/1682, Schedule, Part 1, paragraph 1(ff).

[^f00043]: 1993 c. 43. Section 20 is amended by the Transport Act 2000 (c. 38), Schedule 27, paragraphs 17 and 23 and Schedule 31, Part 4; and the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, part 1, paragraphs 1, 3 and 9.

[^f00044]: 1993 c. 43. Section 80 is amended by the Transport Act 2000 (c. 38), Schedule 27, paragraphs 17 and 38 and Schedule 31, Part 4; the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 33 and Schedule 11, paragraphs 1 and 12; S.I. 2005/3050, Schedule 1, Part 1, paragraphs 3(1) and 7 and S.I. 2015/1682, Schedule, Part 1, paragraph 1(xx). Section 80 is also amended by these Regulations (see Schedule 1, paragraph 3(3)).

[^f00045]: O.J. No. L 239, 12.8.14, p. 1.

[^f00046]: S. I. 2011/3066; see the definition of “safety authority” in regulation 2. Amendments have been made to S.I. 2011/3066 which are not relevant to these Regulations. The IGC is the safety authority for the Channel Tunnel.

[^f00047]: O.J. No. L 181, 9.7.15, p.1.

[^f00048]: 1993 c. 43. Section 80 is amended by the Transport Act 2000 (c. 38), Schedule 27, paragraphs 17 and 38 and Schedule 31, Part 4; the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 33 and Schedule 11, paragraphs 1 and 12; S.I. 2005/3050, Schedule 1, Part 1, paragraphs 3(1) and 7 and S.I. 2015/1682, Schedule, Part 1, paragraph 1(xx). Section 80 is also amended by these Regulations (see Schedule 1, paragraph 3(3)).

[^f00049]: S. I. 2016/645.

[^f00050]: 1993 c. 43. Section 17 is amended by the Transport Act 2000 (c. 38), section 233(1), Schedule 27, paragraphs 17 and 21, and Schedule 31, Part 4; the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 12(1) and (2) and Schedule 11, paragraphs 1 and 3(a); S.I. 1998/1340, regulation 21(5); S.I. 2005/3049, Schedule 1, Part 1, paragraph 4(a) and (b); and S.I. 2015/1682, Schedule, Part 1, paragraph 1(y). Section 22A was inserted by the Transport Act 2000, section 232(2), and amended by S.I. 2005/3049, Schedule 1(1), paragraph 4(d); and S.I. 2015/1682, Schedule, Part 1, paragraph 1(ff).

[^f00051]: 1993 c. 43. Sections 57A–57F were inserted by the Transport Act 2000 (c. 38), section 225(1). Section 57A is amended by the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 23(1) and (2); the Enterprise and Regulatory Reform Act 2013 (c. 24), Schedule 14, paragraphs 11 and 13; and S.I. 2015/1682, Schedule, Part 1, paragraph 1(ll). There are other amendments to section 57A not relevant to these Regulations. Section 57B is amended by the Railways Act 2005, Schedule 1, Part 1, paragraph 24(1); the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, Part 1, paragraphs 1 and 18(a), and Schedule 8; and S.I. 2015/1682, Schedule, Part 1, paragraph 1(mm). Section 57C is amended by the Railways and Transport Safety Act 2003, Schedule 2, Part 1, paragraphs 1 and 3(b); the Railways Act 2005, Schedule 1, Part 1, paragraph 25; and S.I. 2015/1682, Schedule, Part 1, paragraph 1(nn). Paragraph 57F is amended by the Railways Act 2005, Schedule 11, paragraphs 1 and 8.

[^f00052]: S.I. 2016/645.

[^f00053]: S.I. 2005/3050; amended by S.I. 2010/439, Schedule, Part 2, paragraph 13 and S.I. 2015/1682, Schedule, Part 2, paragraph 10(1). There are other amendments not relevant to these Regulations.

[^f00054]: O.J. No. L 343, 14.12.12, p. 32, as corrected by Corrigendum, O.J. L 67, 12.3.15, p. 32.

[^f00055]: O.J. No. L 29, 5.2.15, p. 3.

[^f00056]: S.I. 2016/645.

[^f00057]: 1993 c. 43. Section 145 is amended by the Competition Act 1998 (c. 41), Schedule 10, paragraph 15(10); the Transport Act 2000 (c. 38), Schedule 27, paragraphs 17, 41(1) and (3); the Enterprise Act 2002 (c. 40), Schedule 25, paragraph 30(1) and (14)(c)(ii); the Railways Act 2005 (c. 14), Schedule 11, paragraphs 1 and 16(2) and Schedule 13, Part 1; S.I. 2005/3049, Schedule 1, Part 1, paragraph 4(e)(ii); S.I. 2005/3050, Schedule 1, Part 1, paragraph 3(1) and (9); S.I. 2009/1122, Schedule, paragraph 1(1) and (2)(a); S.I. 2010/439, Schedule, Part 1, paragraph 6(1) and (6); S.I. 2011/1043, article 6(3) and (1)(e); S.I. 2014/892, Schedule 1, Part 2, paragraphs 99, 105(1) and (4) and 109(1) and (5); S.I. 2015/786, regulation 7(3); and S.I. 2015/1682, Schedule, Part 1, paragraphs 1(aaa) and 10(oo)(ii). There are other amendments which are not relevant to these Regulations.

[^f00058]: 1981 c. 61.

[^f00059]: 1905 c. 11; the definition of “railway company” in section 4 was inserted in relation to England, Scotland and Wales by the Railways Act 1993 (c. 43), Schedule 12, paragraph 2(2). Paragraph (c) was inserted by S.I. 2005/3050, Schedule 1, Part 1, paragraph 1(b).

[^f00060]: O.J. No. L 143, 27.6.95, p. 70.

[^f00061]: O.J. No. L 343, 14.12.12, p. 32, as corrected by Corrigendum, O.J. L 67, 12.3.2015, p. 32.

[^f00062]: 1986 c. 45; Schedule 2A was inserted by the Enterprise Act 2002 (c. 40) section 250(2), Schedule 18. Paragraph 10(1)(n) was inserted by S.I. 2005/3050, Schedule 1, Part 1, paragraph 2(b). Paragraph 10(2B) of that Schedule was inserted by S.I. 2005/3050, Schedule 1, Part 1, paragraph 2(c).

[^f00063]: 1993 c. 43.

[^f00064]: The definition of “European Licence” was substituted for the definition of “international licence” by S.I. 2005/3050, Schedule 1, Part 1, paragraph 3(1) and (3)(a).

[^f00065]: Subsection (1A) was inserted by S.I. 2005/3050. Schedule 1, Part 1, paragraph 3(1) and (7)(a) and amended by S.I. 2015/1682, Schedule, Part 1, paragraph 1(xx).

[^f00066]: Section 145(2)(ga) was inserted by S.I 2005/3050, Schedule 1, Part 1, paragraph 3(1) and (9) and amended by S.I. 2015/1682, Schedule, Part 1, paragraph 1(aaa).