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3.—(1) After 30th September 2006 no person shall operate a train in relation to any infrastructure on the mainline railway unless—
(a)he has established and is maintaining a safety management system which meets the requirements set out in regulation 5(1) to (4); and
(b)he holds a current safety certificate in relation to the operation in question,
except to the extent that he is doing so within an engineering possession.
(2) After 30th September 2006 no person who is responsible for developing and maintaining infrastructure other than a station or who is responsible for managing and operating a station on the mainline railway shall manage and use it, or permit it to be used, for the operation of trains unless—
(a)he has established and is maintaining a safety management system which meets the requirements referred to in regulation 5(7);
(b)he holds a current safety authorisation in relation to the infrastructure in question; and
(c)where he is using it or permitting such use, the person who is to use the infrastructure has complied with paragraph (1)(b).
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