Legalize
Legalize / United Kingdom / Statutory-Instrument

The Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-10-07
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: at 12.06 p.m. on 7th October 2019

Laid before Parliament: at 4.00 p.m. on 7th October 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

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

The Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

PART 1 — Introduction

Citation and commencement

1

Extent

2

PART 2 — Amendments to subordinate legislation

Amendments to the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016

3

(14) Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services sets out details of the procedure and criteria to be followed for access to the services and service facilities referred to in paragraphs 2, 3 and 4 of Schedule 2.

Amendments to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016

4

(13) Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services sets out details of the procedure and criteria to be followed for access to the services and service facilities referred to in paragraphs 2, 3 and 4 of Schedule 2.

Amendments to the Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019

5

(82) In Article 9 (procedure for the economic equilibrium test), before “point 3 of Annex VII to Directive 2012/34/EU” in each place it occurs, insert “paragraph 3 of Schedule 4 to the 2016 GB Regulations or, in Northern Ireland,

.”

Amendments to the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019

6

Amendments to the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019

7

(2A) In regulation 7 (safety certificate)— (i) in paragraph (2), at the beginning, insert “ Subject to paragraph 2A, ” (ii) after paragraph (2), insert— (2A) Where in accordance with paragraphs (1) and (2) of this regulation, the applicant has at any time before, on or after exit day submitted a copy of the certificate referred to in paragraph 1(b)(i)(bb) of Schedule 2, that certificate shall cease to be deemed to be Part A of the safety certificate after the second anniversary of exit day and no such certificate submitted after that anniversary shall be deemed to be Part A of the safety certificate. (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in paragraph 4— (i) for “TSIs” substitute “ NTSNs ”; (ii) for the second sentence substitute “ If such contradictions occur, the proposer shall inform the Secretary of State who may then decide to publish a variation of the NTSN in accordance with paragraphs (3) and (4) of regulation 3B of the Railways (Interoperability) Regulations 2011 or issue an exemption in accordance with regulation 14 of those Regulations. ”

‘approved body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;

‘designated body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;

‘EU notified body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;

‘national rule’ means NTRs as defined in regulation 2 of the Railways (Interoperability) Regulations 2011 and national safety rules as defined in regulation 2 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006; ‘NTSN’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;

(c) a contracting entity or manufacturer which invites— (i) an approved body or a designated body to apply the UK verification assessment procedure in accordance with regulation 17 of and Schedule 4 to the Railways (Interoperability) Regulations 2011; or (ii) an EU notified body to apply the EC verification procedure in accordance with Directive 2008/57/EC or a designated body according to Article 17(3) of that Directive;

(c) in paragraph 3(b), for “a notified body as defined by Article 2(j) of Directive 2008/57/EC or a body designated in accordance with Article 17 of that Directive” substitute “ an EU notified body or an approved body ”;

(j) in the final paragraph— (i) omit “as referred to in Article 15(1) or Article 20 of Directive 2008/57/EC”; (ii) for “a notified body in accordance with Article 18(2) of that Directive”, substitute “ an approved body ”.

(a) in paragraph 1— (i) for “Commission Regulation (EU) No 1158/2010 or Commission Regulation (EU) No 1169” substitute “ regulation 7 or 10 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006, or Chapter 3 of the Schedule to the Channel Tunnel (Safety) (Amendment) Order 2013 ”; (ii) for “by a Member State in accordance with Article 7” substitute “ in Northern Ireland ”;

(ii) for “by a Member State”, substitute “ in Northern Ireland ”;

(13) In Article 15 (safety assessment reports)— (a) in paragraph 3, for “Without prejudice to Article 16 of Directive 2008/57/EC, the” substitute “ The ”; (b) in paragraph 4— (i) for “In the case referred to in point (a) of Article 2(3)” substitute “ Where the application of this Regulation or part of this Regulation is required by a relevant NTSN ”; (ii) for “notified body” substitute “ approved body ”;

(aa) in point 1.1.4(b)— (i) for “a TSI” substitute “ an NTSN ”; (ii) for “notified national rules” substitute “ national rules ”;

(bb) in point 1.2.1, for “TSIs” substitute “ NTSNs ”; (bc) in point 1.2.6, for “notified national rule” substitute “ national rule ”;

(c) in point 2.3.3— (i) for “TSIs”, in both places it occurs, substitute “ NTSNs ”; (ii) omit “by Directive 2008/57/EC”; (iii) for “TSI” substitute “ NTSN ”;

(cc) in point 2.3.4, omit “notified in accordance with Article 8 of Directive 2004/49/EC and Article 17(3) of Directive 2008/57/EC”;

(e) in point 2.5.2, for— (i) for “Union legislation” substitute “ legislation applying in Great Britain ”; (ii) “notified national rules”, substitute “national rules”;

(ff) in point 2.5.5, for “definition (23) and definition (35)” substitute “ catastrophic accident or critical accident ”.

(c) in paragraph 4— (i) for “TSIs” substitute “ NTSNs ”; (ii) for the second sentence substitute “ If such contradictions occur, the proposer shall inform the Secretary of State, who may then decide to publish a variation of the NTSN in accordance with paragraphs (3) and (4) of regulation 3B of the Railways (Interoperability) Regulations 2011, and the Department for Infrastructure , who may then decide to issue an exemption in accordance with regulation 14 of those Regulations. ”

‘approved body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;

‘designated body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;

‘EU notified body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;

‘national rule’ means NTRs as defined in regulation 2 of the Railways (Interoperability) Regulations 2011 and national safety rules as defined in regulation 2 of the Railways (Safety Management) Regulations (Northern Ireland) 2006 ;

(c) a contracting entity or manufacturer which invites— (i) an approved body or a designated body to apply the UK verification assessment procedure in accordance with regulation 17 of and Schedule 4 to the Railways (Interoperability) Regulations 2011; or (ii) an EU notified body to apply the EC verification procedure in accordance with Directive 2008/57/EC or a designated body according to Article 17(3) of that Directive;

(c) in paragraph 3(b), “for a notified body as defined by Article 2(j) of Directive 2008/57/EC or a body designated in accordance with Article 17 of that Directive”, substitute “ an EU notified body or an approved body ”;

(j) in the final paragraph— (i) omit “as referred to in Article 15(1) or Article 20 of Directive 2008/57/EC”; (ii) for “a notified body in accordance with Article 18(2) of that Directive”, substitute “ an approved body ”.

(a) in paragraph 1— (i) for “Commission Regulation (EU) No 1158/2010 or Commission Regulation (EU) No 1169” substitute “ regulation 5 or 8 of the Railways (Safety Management) Regulations (Northern Ireland) 2006 ”; (ii) for “by a Member State in accordance with Article 7” substitute “ in Great Britain ”;

(ii) for “by a Member State”, substitute “ in Great Britain ”;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.