The Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019

Amendment to the Railways (Safety Management) Regulations (Northern Ireland) 2006 N.I.

2.—(1) The Railways (Safety Management) Regulations (Northern Ireland) 2006 M1 are amended as follows.

(2) In regulation 2 (interpretation), paragraph (1)—

(a) for the definition of “common safety targets” (“CSTs”)”, substitute—

““common safety targets” (“CSTs”) means the minimum safety levels as set out in paragraph 17 of Schedule 7, that must be reached by the railway system, or parts of the railway system, expressed in risk categories as defined in paragraph 2 of Schedule 7;”;

(b) for the definition of “Department”, substitute—

““Department” means the Department for Infrastructure established by article 3(1) of the Departments (Northern Ireland) Order 1999 M2 and renamed by section 1(6) of the Departments Act (Northern Ireland) 2016 M3 ;)”;

(c) omit the definition of “European Railway Agency”;

(d) after the definition of “new”, insert—

““Office of Rail and Road” means the body established by section 15 of the Railways and Transport Safety Act 2003 M4 and renamed by the Office of Rail Regulation (Change of Name) Regulations 2006 M5 ;”;

(e) for the definition of “safety authority”, substitute—

““safety authority” means—

(a) as regards a member State of the European Union, the authority established in that State in accordance with article 16.1 of the Directive;

(b) as regards Great Britain, the Office of Rail and Road;

(c) as regards Northern Ireland, the Department;”;

(3) After regulation 7 (further safety certificate), insert—

Format for safety certificates and applications

7A.   Schedule 6 (format for safety certificates and applications) has effect.”

(4) In regulation 13(5)(b), for “another Member State”, substitute “ a member State of the European Union ”.

(5) In regulation 16 (notification to the European Railway Agency regarding safety certificates and safety authorisations relating to the railway system) and in the heading that precedes it, for “European Railway Agency” substitute “ Office of Rail and Road ”.

(6) In regulation 18—

(a) in paragraph (3), for “European Railway Agency”, substitute “ Office of Rail and Road ”;

(b) for paragraph (4) substitute—

“(4) Annual reports for each calendar year must be sent to the Office of Rail and Road by 30th September in the year following the calendar year to which the report refers.”;

(c) in paragraph (5), for “European Railway Agency”, substitute “ Office of Rail and Road ”.

(7) After regulation 18 (annual safety reports) insert—

Common safety targets

18A.   The Department must assess the achievement of common safety targets in accordance with Schedule 7 (common safety targets).”.

(8) In Schedule 2 (application for a safety certificate), in paragraph 1(b)(i), for “in another member State or in Great Britain under provisions giving effect to article 10(2)(a) of the Directive” substitute “ in a member State of the European Union or in Great Britain ”.

(9) The Schedule has effect.

Commencement Information

I1 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1 S.R. 2006 No. 237, amended by 2011 No. 261, 2013 No. 237, 2016 No. 267.

M2 S.I. 1999/283 (N.I. 1).

M3 2016 c. 5 (N.I.). The Department for Infrastructure was originally established as the Department for Regional Development by article 3(1) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283) and subsequently renamed by subsection 1(6) of the Departments Act (Northern Ireland) 2016 (c. 5).

M4 2003 c. 20.

M5 S.I. 2015/1682.