The Railways Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 91/440/EEC of 29th July on the development of the Community’s railways (OJ No. L237, 24.8.91, p.25; the text of the Directive is subject to the amendments in a corrigendum published in OJ No. L305, 6.11.91, p.22) (“the Council Directive”) (regulation 2(1)).

With the exception of certain provisions in Schedule 2, the Regulations do not apply to Northern Ireland (regulation 1(2)), to railway undertakings whose activity is limited to the provision of solely urban, suburban or regional services (defined in Article 3 of the Council Directive) or to the management of the Channel Tunnel system or the operation of the Channel Tunnel shuttle service (regulation 3).

The Regulations—

(i) modify certain statutory provisions about the control by the Secretary of State of the activities of the British Railways Board so that the Board’s freedom in respect of certain matters specified in paragraph 3 of Article 5 of the Council Directive can only be controlled by virtue of such provisions if this would be consistent with general policy guidelines and investment and financing plans, determined by the Secretary of State (regulation 4);

(ii) require any railway undertaking (defined in Article 3 of the Council Directive) which is also an infrastructure manager (so defined) to prepare and maintain accounts separately for the provision of transport services and infrastructure management and to ensure that there is no transfer of state aid between these two activities as required by Article 6.1 of the Council Directive (regulation 5);

(iii) lay down requirements as to the fees to be charged by infrastructure managers for the use of railway infrastructure by international groupings (defined in Article 3 of the Council Directive) and railway undertakings (regulation 6); and

(iv) in accordance with Article 10 of the Council Directive, confer in respect of railway facilities and ancillary services (as defined in regulation 2(2)) rights of access and transit on international groupings and railway undertakings for international services, subject to safety requirements in accordance with Article 7.1 of the Council Directive (regulation 8).

Breach of regulation 5(1) (requiring separation of accounts between transport operations and infrastructure management and prohibiting the transfer of state aids between those two activities) is an offence subject to a fine on summary conviction not exceeding £5000 (regulation 5(2)).

The Secretary of State is to appoint an International Rail Regulator to deal with appeals and disputes concerning the grant and continuance of such access and transit rights with the advice of the Health and Safety Executive on safety matters, but is to deal with disputes about safety matters himself after consulting the Health and Safety Executive (regulations 7 and 9).

International groupings and railway undertakings are given statutory authority in respect of the provision of international services in exercise of rights granted under the Regulations (regulation 10).

International groupings and railway undertakings are not to be common carriers in respect of the provisions of such services (regulation 11).

Certain enactments concerning railways are applied in respect of such services whether or not they would otherwise apply (regulation 12).

Any person affected by a refusal or failure to comply with regulation 5(1) (separation of accounts and prohibition of transfer of state aid), regulation 6 and Schedule 1 (fees for the use of railway infrastructure), regulation 8(5), (6), (7), (8), (9), (10) or (12) (certain requirements in respect of rights of access to, or transit of railway infrastructure) or a notice or decision under regulation 9(3), (4) or (8) (notices and decisions of the International Rail Regulator or the Secretary of State) who suffers loss, damage or injury caused by the refusal or failure to comply may bring a civil action, and the International Rail Regulator may seek to enforce compliance by civil proceedings for an injunction or interdict (regulation 14).

The enforcement and offences provisions of the Health and Safety at Work etc Act 1974 are applied to regulation 8(6) which imposes a duty on any infrastructure manager which grants access or transit rights to include in the agreement granting such rights such conditions concerning safety as are necessary from time to time to protect people from the dangers arising from the operation of railways, and to any breach of the other provisions of that regulation concerning safety (regulation 15).