The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019

PART 6 Transitory provisions recognising licences granted by authorities in the EEA

Modifications to the 2005 Regulations

34.  For the period of 2 years beginning with exit day, the 2005 Regulations (as amended by these Regulations) have effect with the modifications in regulations 35 to 39.

35.  Regulation 2(1) (interpretation) has effect as if the following definitions were inserted at the appropriate places—

““the 1995 Directive” means Council Directive 95/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council;”;

““the 2012 Directive” means Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast);”;

““European licence” means a licence that is—

(a)

valid throughout the territory of any EEA state,

(b)

granted to a railway undertaking by which the capacity of the railway undertaking as such is recognised and which authorises the undertaking to provide in and between EEA states such train services as may be specified in the licence, and

(c)

granted pursuant to any action taken by an EEA state for the purpose for implementing the 1995 Directive or the 2012 Directive;”.

36.  Regulation 5 (prohibition of unlicensed provision of services) has effect as if for paragraph (1) there were substituted—

“(1) Where a person is a railway undertaking to which these Regulations apply, that person may not provide a train service in Great Britain unless the person is authorised to do so—

(a) by a railway undertaking licence which is appropriate for that train service, or

(b) by a European licence which would be appropriate for that train service if the United Kingdom were an EEA state,

and any person who provides such a service without such a licence is guilty of an offence.”

37.  Regulation 9(1) (prohibition on operating trains without a statement of national regulatory provisions) has effect as if after “railway undertaking licence” there were inserted “or a European licence (see regulation 5)”.

38.—(1) Regulation 10 (statements of national regulatory provisions) has effect with the modifications in paragraphs (2) and (3).

(2) Paragraph (1) has effect as if after “railway undertaking licence” there were inserted “or European licence”.

(3) Paragraph (2)(b) has effect as if after “the railway undertaking licence” there were inserted “or the European licence”.

39.  Regulation 11(1) (conditions of SNRPs) has effect as if after “railway undertaking licence” there were inserted “or a European licence (see regulation 5)”.

40.  The 2005 Regulations have effect as if the following regulation were inserted after regulation 14—

“Monitoring, suspension and revocation of SNRPs issued to holders of European licences

14A.— (1) This regulation applies where the ORR has issued an SNRP to a holder of a European licence under regulation 10.

(2) The ORR must take such steps as are necessary to enable it to determine whether or not the licence holder complies with the requirements referred to in Schedule 2 as to good repute, financial fitness, professional competence and insurance cover for civil liabilities at any time the ORR considers that there is serious doubt whether the licence holder complies with any of those requirements.

(3) If, having taken the steps referred to in paragraph (2), the ORR is satisfied that the licence holder does not comply with any such requirement, the ORR must revoke or suspend the SNRP issued to the licence holder.”

Modifications to other legislation

41.—(1) For the period of 2 years beginning with exit day, any reference in the provisions listed in paragraph (2) to a railway undertaking licence granted pursuant to the 2005 Regulations includes a reference to a relevant European licence.

(2) The provisions are—

(a) section 4 of the Railway Fires Act 1905;

(b) Schedule 2A to the Insolvency Act 1986;

(c) sections 6(1A), 72 and 80 of the Railways Act 1993;

(d) section 235(2) of the Greater London Authority Act 1999;

(e) Schedule 1 to the Civil Contingencies Act 2004;

(f) sections 46 of the Railways Act 2005;

(g) Schedule 11 to the London Underground (East London Line Extension) (No. 2) Order 2001;

(h) Schedule 11 to the Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002;

(i) Schedule 13 to the Docklands Light Railway (Woolwich Arsenal Extension) Order 2004;

(j) article 2 of the British Transport Police (Police Services Agreement) Order 2004;

(k) regulation 6 of the Central Rating List (England) Regulations 2005.

(3) Any act or omission—

(a) in relation to, or in reliance on, a relevant European licence, and

(b) that has effect immediately before exit day in relation to the provisions listed in paragraph (2),

continues to have effect on and after exit day.

(4) For the purposes of this regulation—

“European licence” has the same meaning as in regulation 2(1) of the 2005 Regulations (as modified by regulation 35 of these Regulations);

“relevant European licence” means a European licence, the holder of which has a valid SNRP that has not been suspended or revoked;

“SNRP” has the same meaning as in the 2005 Regulations.