The Railways (Interoperability) (High-Speed) Regulations 2002

Structural subsystems: duties on a contracting entity

13.—(1) This regulation applies where—

(a) a contracting entity is—

(i) intending to contract with another person for the design, manufacture or construction by that other person of a structural subsystem, or

(ii) proposing himself to design, manufacture or construct a structural subsystem; or

(b) a contracting entity has—

(i) contracted with another person for the design, manufacture or construction of a structural subsystem, or

(ii) has himself commenced work on the design, manufacture or construction of a structural subsystem.

(2) The contracting entity shall appoint a notified body in relation to the structural subsystem in question—

(a) forthwith, when contracting with another person who is to design the structural subsystem;

(b) before selecting or completing the design for the structural subsystem, where he is designing that structural subsystem himself; or

(c) within three months of the coming into force of these Regulations where the contracting entity—

(i) is himself in the course of designing or constructing the structural subsystem, or

(ii) has contracted with another person for, the design, manufacture or construction of the structural subsystem.

(3) Where the contracting entity is required by paragraph (2) to appoint a notified body, that contracting entity shall ensure that a notified body (whether that originally appointed or another) continues to be appointed in relation to the structural subsystem in question until authorisation pursuant to regulation 14 is given or refused.

(4) The contracting entity shall ensure that the structural subsystem conforms to all relevant TSIs; except that where—

(a) there are no relevant TSIs;

(b) a relevant TSI does not govern all elements of the structural subsystem;

(c) the structural subsystem is not required to conform with the whole or part of a relevant TSI pursuant to regulation 15; or

(d) permitted by an exemption granted by the supervisory authority in accordance with paragraph (5),

the structural subsystem, or part of the structural subsystem, not governed by any relevant TSI shall conform with the notified standards (if any) that relate to it.

(5) Where a relevant TSI permits non-conformity with part or all of its provisions on the basis that conformity with those provisions would result in the structural subsystem being technically incompatible with the existing rail network schemes in which it is proposed to be placed into service, a contracting entity may apply to the supervisory authority for an exemption from those provisions.

(6) Provided the contracting entity has satisfied the requirements of paragraphs (4) and (7), he shall draw up a verification declaration in relation to the structural subsystem in accordance with the procedure required by Schedule 5.

(7) The requirements referred to in paragraph (6) are that—

(a) the structural subsystem meets such of the essential requirements as relate to that type of structural subsystem;

(b) the appropriate verification assessment procedure in respect of the structural subsystem has been carried out in accordance with regulation 20;

(c) the certificate of conformity has been drawn up in relation to the structural subsystem in accordance with the procedures required by Schedule 6; and

(d) the technical file contains the information and documents required by paragraph (9).

(8) Where the RVAR constitute part of the notified standards, and pursuant to paragraph (4) they are standards with which high-speed rolling stock is required to comply, a contracting entity may apply—

(a) in relation to Great Britain to the Secretary of State, or

(b) in relation to Northern Ireland to the Department,

for an accessibility compliance certificate in respect of that high-speed rolling stock pursuant to the procedure set out in regulation 22.

(9) The following shall be placed in the technical file—

(a) the items required by paragraph 4 of Schedule 6;

(b) records relating to the conditions and limits of use of the structural subsystem;

(c) manuals and instructions relating to the servicing, maintenance and configuration control of the structural subsystem;

(d) in respect of high-speed rolling stock in circumstances falling within paragraph (8), the accessibility compliance certificate (if any);

(e) details of any exemption orders granted in respect of the structural subsystem under section 47(1) of the Disability Discrimination Act 1995; and

(f) documentation or records demonstrating compliance with the notified standards where those standards are used.

(10) Where a contracting entity is the owner of a structural subsystem, he shall, from the time that the structural subsystem is placed into service until it is permanently withdrawn from service (whether such service is in the United Kingdom or in the territory of another Member State), retain—

(a) the technical file, which shall include the documentation it contained at the date of authorisation pursuant to regulation 14;

(b) the certificate of conformity; and

(c) the verification declaration.

(11) Where a contracting entity who is the owner of a structural subsystem disposes of his interest in it, he shall transfer to the person who acquires that interest the items specified in sub-paragraphs (a) to (c) of paragraph (10) and thereafter, for the purposes of paragraph (10) and this paragraph, the acquirer shall be regarded as being the contracting entity.

(12) Where a contracting entity is not the owner of the structural subsystem, he shall transfer to the owner of the structural subsystem the items specified in sub-paragraphs (a) to (c) of paragraph (10) within 60 days of obtaining an authorisation under regulation 14 in respect of that structural subsystem, and thereafter, for the purposes of paragraphs (10) and (11) and this paragraph, the owner shall be regarded as being the contracting entity.

(13) In this regulation “design” includes the selection of a design.