The Railway (Licensing of Railway Undertakings) Regulations 2005

PART 2 E+W+S AMENDMENTS AND REVOCATIONS OF SECONDARY LEGISLATION

The Town and Country Planning (Control of Advertising) Regulations 1992 U.K.

7.—(1) In the Town and Country Planning (Control of Advertising) Regulations 1992 M1 , regulation 2(1) (interpretation) shall be amended as follows.

(2) After the definition of “discontinuance notice”, insert—

““EEA State” means a member State, Norway, Iceland or Liechtenstein;”.

(3) In the definition of “statutory undertaker”, after “Railways Act 1993,” insert “ any person who holds a European licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 M2 or pursuant to any action taken by an EEA State for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings M3 , as amended by Directive 2001/13/EC dated 26th February 2001 M4 and Directive 2004/49/EC dated 29th April 2004 M5 , both of the European Parliament and of the Council; ”.

Marginal Citations

M1 S.I. 1992/666; the relevant amending instrument is S.I. 1994/2351.

M2 S.I. 2005/3050.

M3 O.J. L 143, 27.6.1995, p. 70.

M4 O.J. L 75, 15.3.2001, p. 26.

M5 O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.

The Railways (Amendment) Regulations 1998 U.K.

8.  The Railways (Amendment) Regulations 1998 M6 are revoked.

Marginal Citations

M6 S.I. 1998/1519.

The London Underground (East London Line Extension) (No. 2) Order 2001 U.K.

9.—(1) In the London Underground (East London Line Extension) (No. 2) Order 2001 M7 , Schedule 11 (protection for Railtrack) shall be amended as follows.

(2) In paragraph 1(2)—

(a) after the definition of “designated lands”, insert—

““EEA State” means a member State, Norway, Iceland or Liechtenstein;”; and

(b) in the definition of “train operator”, at the end add “ or any person who holds a European licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 M8 or pursuant to any action taken by an EEA State for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings M9 , as amended by Directive 2001/13/EC dated 26th February 2001 M10 and Directive 2004/49/EC dated 29th April 2004 M11 , both of the European Parliament and of the Council; ”.

Marginal Citations

M7 S.I. 2001/3682.

M8 S.I. 2005/3050.

M9 O.J. L 143, 27.6.1995, p. 70.

M10 O.J. L 75, 15.3.2001, p. 26.

M11 O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.

The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 U.K.

10.—(1) In the Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 M12 , Schedule 11 (protection of railway undertakers) shall be amended as follows.

(2) In paragraph 13(6)—

(a) before the definition of “the relevant costs”, insert—

““EEA State” means a member State, Norway, Iceland or Liechtenstein;”; and

(b) in the definition of “train operator”, at the end add “ or any person who holds a European licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 M13 or pursuant to any action taken by an EEA State for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings M14 , as amended by Directive 2001/13/EC dated 26th February 2001 M15 and Directive 2004/49/EC dated 29th April 2004 M16 , both of the European Parliament and of the Council; ”.

Marginal Citations

M12 S.I. 2002/1066.

M13 S.I. 2005/3050.

M14 O.J. L 143, 27.6.1995, p. 70.

M15 O.J. L 75, 15.3.2001, p. 26.

M16 O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.

The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 U.K.

11.—(1) In the Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 M17 , Schedule 13 (protection of railway interests) shall be amended as follows.

(2) In paragraph 15(6)—

(a) before the definition of “the relevant costs”, insert—

““EEA State” means a member State, Norway, Iceland or Liechtenstein;”; and

(b) in the definition of “train operator”, at the end add “ or any person who holds a European licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 M18 or pursuant to any action taken by an EEA State for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings M19 , as amended by Directive 2001/13/EC dated 26th February 2001 M20 and Directive 2004/49/EC dated 29th April 2004 M21 , both of the European Parliament and of the Council; ”.

Marginal Citations

M17 S.I. 2004/757.

M18 S.I. 2005/3050.

M19 O.J. L 143, 27.6.1995, p. 70.

M20 O.J. L 75, 15.3.2001, p. 26.

M21 O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.

The British Transport Police (Police Services Agreement) Order 2004 U.K.

12.—(1) In the British Transport Police (Police Services Agreement) Order 2004 M22 , article 2 (requirement to enter into a police services agreement) shall be amended as follows.

(2) At the end of paragraph (1)(b), add “ or who has been granted a European licence pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 M23 or pursuant to any action taken by an EEA State for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings M24 , as amended by Directive 2001/13/EC dated 26th February 2001 M25 and Directive 2004/49/EC dated 29th April 2004 M26 , both of the European Parliament and of the Council, in connection with the railway services in question, ”.

(3) At the end of paragraph (3), insert—

“; and “EEA State” means a member State, Norway, Iceland or Liechtenstein.”.

Marginal Citations

M22 S.I. 2004/1522.

M23 S.I. 2005/3050.

M24 O.J. L 143, 27.6.1995, p. 70.

M25 O.J. L 75, 15.3.2001, p. 26.

M26 O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.

The Central Rating List (Wales) Regulations 2005 U.K.

13.—(1) In the Central Rating List (Wales) Regulations 2005 M27 , regulation 7 (railway hereditaments) shall be amended as follows.

(2) In paragraph (3)—

(a) before the definition of “excepted hereditament”, insert—

““EEA State” means a member State, Norway, Iceland or Liechtenstein;”; and

(b) in the definition of “licence exempt operator” and “licence holder”, after “Railways Act 1993” insert

“except that

“licence holder ”

also includes a holder of a European licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 M28 or pursuant to any action taken by an EEA State for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings M29 , as amended by Directive 2001/13/EC dated 26th February 2001 M30 and Directive 2004/49/EC dated 29th April 2004 M31 , both of the European Parliament and of the Council; ”.

Marginal Citations

M27 S.I. 2005/422 (W 40).

M28 S.I. 2005/3050.

M29 O.J. L 143, 27.6.1995, p. 70.

M30 O.J. L 75, 15.3.2001, p. 26.

M31 O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.

Central Rating List (England) Regulations 2005 U.K.

14.—(1) In the Central Rating List (England) Regulations 2005 M32 , regulation 6 (railway hereditaments) shall be amended as follows.

(2) In paragraph (4)—

(a) before the definition of “excepted hereditament”, insert—

““EEA State” means a member State, Norway, Iceland or Liechtenstein;”; and

(b) in the definition of “licence exempt operator” and “licence holder”, after “Railways Act 1993” insert “ except that “licence holder” also includes a holder of a European licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 M33 or pursuant to any action taken by an EEA State for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings M34 , as amended by Directive 2001/13/EC dated 26th February 2001 M35 and Directive 2004/49/EC dated 29th April 2004 M36 , both of the European Parliament and of the Council; ”.

Marginal Citations

M32 S.I. 2005/551.

M33 S.I. 2005/3050.

M34 O.J. L 143, 27.6.1995, p. 70.

M35 O.J. L 75, 15.3.2001, p. 26.

M36 O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.