THE RAILWAYS (SAFETY MANAGEMENT) REGULATIONS (NORTHERN IRELAND) 2006

Safety certificate

5.—(1) An application for a first safety certificate in respect of the operation of a train shall—

(a) be made to the Department; and

(b) subject to regulation 15(1) and (2), include the information set out in Schedule 2; and shall

(c) clearly indicate in respect of which part of the safety certificate any information is provided.

(2) Where—

(a) an applicant sends to the Department the matters specified in paragraphs 1(a) and 1(b)(i) of Schedule 2; and

(b) the Department is satisfied that the certificate in question is for an equivalent operation to that in respect of which the application is made,

then that certificate shall be deemed to be Part A of the safety certificate for the operation in respect of which the application is made.

(3) Subject to regulation 15(6), within four months of the date of receipt of the application, the Department shall—

(a) issue a safety certificate for the operation; or

(b) notify the applicant that it has refused the application,

and in either case shall give reasons for its decision.

(4) A safety certificate shall—

(a) specify the type and extent of the operation in respect of which it is issued; and

(b) certify acceptance by the Department that the applicant has provided sufficient evidence—

(i) subject to paragraph (2), to demonstrate that the safety management system of the applicant meets the requirements set out in regulations 4(1) to (3) in respect of an application for a safety certificate and

(ii) of the provisions adopted by the applicant to meet the requirements that are necessary to ensure safe operation on any railway,

and reference the information on which the acceptance is based; and

(c) be valid for no longer than five years from the date of issue and the period of validity shall be indicated in the safety certificate and where Part A of the certificate falls within paragraph 5(2) that period shall expire on or before the date of expiry of the certificate which is deemed to be the Part A.

(5) In paragraph (4)(b)(ii) “requirements” means the TSIs, national safety rules and other safety requirements referred to in paragraph 2(a) of Schedule 2.