The Railway (Licensing of Railway Undertakings) Regulations 2005

Regulation 20

SCHEDULE 4 E+W+S TRANSITIONAL PROVISIONS RELATING TO EXISTING LICENCES AND LICENCE EXEMPTIONS

The relevant date E+W+S

1.  In this Schedule, “ the relevant date” means the date of these Regulations coming into force.

Existing licences granted under the Railways Act 1993 E+W+S

2.   [F1 Paragraph 4 applies] in relation to any licence granted under Part 1 of the 1993 Act before the relevant date and which is still valid at that date.

Textual Amendments

F1 Words in Sch. 4 para. 2 substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 19(2) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F2 Sch. 4 para. 3 omitted (31.12.2020) by virtue of The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 19(3) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

4.—(1) To the extent that the licence relates to the provision of services to which regulation 9 applies, the licence shall have effect on and after the relevant date and for the purposes of Part 3 of these Regulations as if— E+W+S

(a) it were a SNRP issued pursuant to these Regulations by the ORR;

(b) any reference in the licence to “licence holder” or “licence” were to “SNRP holder” or “SNRP” respectively;

(c) in Part I (Scope) of the licence—

(i) any reference to section 8 of the Railways Act 1993 (as amended) (“the Act”), were to regulation 10 of the Railway (Licensing of Railway Undertakings) Regulations 2005 (“the Regulations”);

(ii) any reference to authorising the licence holder to be the operator of trains were omitted;

(iii) any reference to the licence being revoked in accordance with the provisions of the Schedule (Terms as to Revocation) to the licence or by notice were a reference to the SNRP being revoked in accordance with the provisions of Part IV of the ORR template headed “Passenger SNRP (Standard)” or Part IV of the ORR template headed “Freight SNRP (Standard)”, as appropriate;

(d) for Parts II (Interpretation) and III (Conditions) of and the Schedule (Terms as to Revocation) to the licence, there were substituted Parts II, III and IV of the ORR template headed “Passenger SNRP (Standard)” or Parts II, III or IV of the ORR template headed “Freight SNRP (Standard)”, as appropriate; and

(e) the provisions of regulations 10(3) and 11 to 19 applied in relation to the SNRP and the SNRP holder.

(2) The ORR templates referred to in paragraph (1) are the templates with the appropriate headings published by the ORR on 25th October 2005.

(3) Any approval or consent given before the relevant date, in relation to a condition in Part III of the licence shall have effect on and after the relevant date as if given in relation to any equivalent condition in the SNRP.

(4) Where any act has been done before the relevant date in relation to a condition in Part III of the licence or in relation to a term in the Schedule to the licence, nothing in sub-paragraph (1) requires that act to be repeated.

Existing licences granted pursuant to the Railways Regulations 1998 E+W+S

5.   [F3 Paragraph 7 applies] in relation to any licence granted pursuant to the Railways Regulations 1998 M1 before the relevant date and which is still valid at that date.

Textual Amendments

F3 Words in Sch. 4 para. 5 substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 19(4) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.I. 1998/1340, to which there are amendments not relevant to these Regulations.

F4 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F4 Sch. 4 para. 6 omitted (31.12.2020) by virtue of The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 19(5) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

7.—(1) The holder of the licence shall be deemed to have been granted a SNRP as at the relevant date, and accordingly to be a SNRP holder for the purposes of Part 3 of these Regulations. E+W+S

(2) In the case of a holder who provides train services for the transport of passengers, the SNRP shall be in the form of the template published by the ORR on 25th October 2005 and headed “Passenger SNRP (Eurostar)”.

(3) In the case of a holder who provides train services other than for the transport of passengers, the SNRP shall be in the form of the template published by the ORR on 25th October 2005 and headed “Freight SNRP (EWSI)”.

(4) The provisions of regulations 10(3) and 11 to 19 shall apply in relation to the SNRP and the SNRP holder.

Applications for licences under the Railways Act 1993 or the Railways Regulations 1998 E+W+S

F5 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 4 para. 8 omitted (31.12.2020) by virtue of The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 19(5) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

Existing licence exemptions granted under the Railways Act 1993 E+W+S

9.  Paragraphs 10 to 14 apply in relation to any licence exemption granted under Part 1 of the Railways Act 1993 before the relevant date and which is still valid at that date.

10.  To the extent that a person is exempted, by virtue of the Strategic Rail Authority (Licence Exemption) Order 2001 M2 , from the requirement to be authorised to provide services to which regulation 5 applies, that person shall be deemed to have been granted on the relevant date— E+W+S

(a) a European licence for the purposes of Part 2 of these Regulations; and

(b) a SNRP for the purposes of Part 3 of these Regulations.

Marginal Citations

M2 S.I. 2001/218.

11.  The European licence referred to in paragraph 10(a) shall be in the form of the template published by the ORR on 25th October 2005 and headed “European Passenger Licence (Standard)”. E+W+S

12.  The SNRP referred to in paragraph 10(b) shall be in the form of the template published by the ORR on 25th October 2005 and headed “Passenger SNRP (Standard)”. E+W+S

13.  Regulations 7 and 8 and 15 to 19 shall apply in relation to the European licence and the holder of that licence. E+W+S

14.  Regulations 10(3) and 11 to 19 shall apply in relation to the SNRP and the SNRP holder. E+W+S