The Railways (Revocation and Consequential Provision) Regulations 2024

Made: 2nd February 2024

Laid before Parliament: 8th February 2024

Coming into force: 4th March 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(1) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”)[^f00001].

The Secretary of State is a relevant national authority for the purposes of section 14(1) of the 2023 Act[^f00002].

The requirements of paragraph 6(2) of Schedule 5 to the 2023 Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Railways (Revocation and Consequential Provision) Regulations 2024.

• (2) These Regulations come into force on 4th March 2024.

• (3) These Regulations extend to England and Wales and Scotland.

Revocation of certain instruments

2

The instruments listed in the Schedule are revoked in their entirety.

Amendments to the Railways and Other Guided Transport Systems (Safety) Regulations 2006

3

• (1) The Railways and Other Guided Transport Systems (Safety) Regulations 2006[^f00003] are amended as follows.

• (2) In regulation 2 (interpretation and application), omit the definition of “European Union Agency for Railways”.

• (3) In regulation 15 (revocation of safety certificate), omit paragraphs (6) and (7).

• (4) In Schedule 2, in paragraph 1, in sub-paragraph (b), in paragraph (i), omit sub-paragraph (bb).

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

4

• (1) The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016[^f00004] are amended as follows.

• (2) In regulation 6 (access to services), omit paragraph (14).

• (3) In regulation 19 (capacity allocation), omit paragraph (19).

• (4) In regulation 21 (framework agreements), omit paragraphs (17) to (21).

• (5) In regulation 33 (regulatory decisions concerning international passenger services), omit paragraph (13).

Schedule — Instruments to be revoked

Signed

Signed by authority of the Secretary of State for Transport

Huw Merriman — Minister of State — Department for Transport — 2nd February 2024

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations revoke 11 items of secondary assimilated law (as defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28)) for Great Britain which make provision about the regulation of railways.

The revoked secondary assimilated law relates specifically to:

• (a) interoperability: four of these instruments relate to the establishment and operation of the European Agency for Railways. The Agency no longer has a role in Great Britain, and so these instruments are redundant. Two of these instruments relate to EU railway technical standards which no longer apply to Great Britain;

• (b) access to railway infrastructure and costs: four of these instruments make provision which relates to the charges relating to, and access to railway infrastructure and certain services. These instruments are considered unnecessarily prescriptive; and

• (c) accident investigation reports: one instrument which sets out requirements for the reports published by rail accident and incident investigators. The requirements in this instrument are considered unnecessarily prescriptive.

An impact assessment has not been produced for these Regulations as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: 2023 c. 28.

[^f00002]: The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.

[^f00003]: S.I. 2006/599. Relevant amendments are S.I. 2011/1043, 2011/1860, 2011/3066, 2013/950, 2015/1682, 2015/1917, 2019/837 and 2020/786.

[^f00004]: S.I. 2016/645. Relevant amendments are S.I. 2019/82, 2019/518 and 2019/1310.

[^f00005]: EUR 2015/10, amended by S.I. 2019/518.

[^f00006]: EUR 2016/545, amended by S.I. 2019/518.

[^f00007]: EUR 2016/796.

[^f00008]: EUR 2017/2177, amended by S.I. 2019/1310.

[^f00009]: EUR 2018/764.

[^f00010]: EUR 2018/867.

[^f00011]: EUR 2018/1795, amended by S.I. 2019/518 and 2019/1310.

[^f00012]: EUDN 2018/2022.

[^f00013]: EUR 2020/424.

[^f00014]: EUDN 2020/453.

[^f00015]: EUR 2020/572.