PART 2Amendments to the Railways (Licensing of Railway Undertakings) Regulations 2005
Amendments
3. The 2005 Regulations are amended in accordance with this Part.
Regulation 2 (interpretation)
4. In regulation 2(1) (interpretation)—
(a)omit the definitions of the “the 1995 Directive”, “the 2012 Directive”, “EEA State” and “European licence”;
(b)at the appropriate place, insert–
““railway undertaking licence” means a licence, granted by the ORR to a railway undertaking pursuant to these Regulations, which authorises the undertaking to provide such train services as may be specified in the licence;”.
Regulation 4 (scope)
5.—(1) Regulation 4 (scope) is amended as follows.
(2) In paragraph (1)—
(a)after “train services” insert “in Great Britain”;
(b)omit “and are established or to be established in an EEA state”;
(3) In paragraph (3)—
(a)in sub-paragraph (a), omit “including a cross-border conurbation,”;
(b)in sub-paragraph (b), omit “, including a cross-border region”.
Part 2 (European licences)
6. In the heading of Part 2 (European licences), for “European” substitute “Railway Undertaking”.
Regulation 5 (prohibition of unlicensed provision of services)
7. In regulation 5 (prohibition of unlicensed provision of services)—
(a)in paragraph (1), for “European” substitute “railway undertaking”;
(b)omit paragraph (4).
Regulation 6 (appointment of licensing authority and grant of European licences)
8.—(1) Regulation 6 (appointment of licensing authority and grant of European licences) is amended as follows.
(2) In the heading, for “European” substitute “railway undertaking”.
(3) In paragraph (1)—
(a)omit “designated as”;
(b)for “European” substitute “railway undertaking”.
(4) In paragraph (2)—
(a)for “European” substitute “railway undertaking”;
(b)omit “and inform the Commission of those procedures”.
(5) In paragraph (3)—
(a)in the words before sub-paragraph (a), for “European” substitute “railway undertaking”;
(b)omit sub-paragraph (a) (including the “and” at the end of that sub-paragraph).
(6) In paragraph (4), for “European” substitute “railway undertaking”.
(7) Omit paragraph (4A).
(8) In paragraphs (7) to (11), for “European”, in each place it occurs, substitute “railway undertaking”.
(9) In paragraph (12)—
(a)for “European licence” substitute “railway undertaking licence”;
(b)for “European Commission” substitute “Secretary of State”.
(10) In paragraph (14), for “European” substitute “railway undertaking”.
Regulation 7 (validity of European licences)
9. In regulation 7 (validity of European licences)—
(a)in the heading, for “European” substitute “railway undertaking”;
(b)in paragraphs (1) and (2), for “European”, in both places it occurs, substitute “railway undertaking”.
Regulation 8 (monitoring, suspension and revocation of European licences)
10.—(1) Regulation 8 (monitoring, suspension and revocation of European licences) is amended as follows.
(2) In the heading, for “European” substitute “railway undertaking”.
(3) In paragraph (1)—
(a)omit “Subject to paragraph (5),”;
(b)for “European” substitute “railway undertaking”.
(4) In paragraphs (3) and (4), for “European”, in both places it occurs, substitute “railway undertaking”.
(5) Omit paragraph (5).
(6) In paragraphs (6) to (11) and (13), for “European”, in each place it occurs, substitute “railway undertaking”.
(7) In paragraph (14)—
(a)for “European licence” substitute “railway undertaking licence”;
(b)for “European Railway Agency” substitute “Secretary of State”.
Regulation 9 (prohibition on operating trains without a statement of national regulatory provisions)
11. In regulation 9 (prohibition on operating trains without a statement of national regulatory provisions)—
(a)in paragraph (1), for “European” substitute “railway undertaking”;
(b)omit paragraph (5).
Regulation 10 (statements of national regulatory provisions)
12. In regulation 10 (statements of national regulatory provisions), in paragraphs (1) and (2)(b), for “European”, in both places it occurs, substitute “railway undertaking”.
Regulation 11 (conditions of statements of national regulatory provisions)
13. In regulation 11 (conditions of statements of national regulatory provisions)—
(a)in paragraph (1), for “European” substitute “railway undertaking”;
(b)in paragraph (4) omit sub-paragraph (a) (including the “or” at the end of that sub-paragraph).
Regulation 12 (referral for Commission’s opinion)
14. Omit regulation 12 (referral for Commission’s opinion).
Regulation 17 (general duties of the Rail Passengers’ Council)
15. In regulation 17 (general duties of the Rail Passengers’ Council)—
(a)in paragraph (1), for “European”, in each place it occurs, substitute “railway undertaking”;
(b)omit paragraph (2).
Regulation 19 (duties of the London Transport Users’ Committee)
16. In regulation 19 (duties of the London Transport Users’ Committee)—
(a)in paragraph (1), for “European”, in both places it occurs, substitute “railway undertaking”;
(b)omit paragraph (2).
Regulation 21 (review)
17. In regulation 21 (review) omit paragraph (2).
Schedule 2 (qualifications for European licence)
18. In Schedule 2 (qualifications for European licence)—
(a)in the heading of the Schedule, for “European” substitute “railway undertaking”;
(b)in paragraphs 1, 6 and 11(1), for “European”, in each place it occurs, substitute “railway undertaking”.
Schedule 4 (transitional provisions relating to existing licences and licence exemptions)
19.—(1) Schedule 4 (transitional provisions relating to existing licences and licence exemptions) is amended as follows.
(2) In paragraph 2, for “Paragraphs 3 and 4 apply” substitute “Paragraph 4 applies”.
(3) Omit paragraph 3.
(4) In paragraph 5, for “Paragraphs 6 and 7 apply” substitute “Paragraph 7 applies”.
(5) Omit paragraphs 6 and 8.