Enforcement of the Regulation4

1

Subject to paragraphs (5) and (6), it is the duty of the Office of Rail Regulation to make adequate arrangements for the enforcement of the Regulation.

2

Subject to paragraphs (4) to (6), the provisions of the 1974 Act specified in paragraph (3) (the “specified provisions”) apply for the purposes of the enforcement of the Regulation as if in the specified provisions—

a

a reference to the “enforcing authority” was a reference to the Office of Rail Regulation;

b

a reference to the “relevant statutory provisions” was a reference to the Regulation and to the specified provisions; and

c

a reference to “health and safety regulations” was a reference to the Regulation.

3

The provisions of the 1974 Act referred to in paragraph (2) are—

a

sections 19 and 20 (appointment and powers of inspectors)4, excluding section 20 (3);

b

sections 21 and 22 (improvement and prohibition notices)5;

c

section 23 (provisions supplementary to sections 21 and 22)6, excluding section 23(6);

d

section 24 (appeal against improvement or prohibition notice)7;

e

section 25 (power to deal with cause of imminent danger);

f

section 26 (power to indemnify inspectors);

g

section 28 (restrictions on disclosure of information)8;

h

sections 33 (1) (c), (e) to (h), (k) to (o), (2), (2A) and (3), 34 (1) (c) and (d) and (2) to (5), 35, 36 (1) and (2), 37 to 41 and 42 (1) to (3) (provisions as to offences)9; and

i

section 46 (service of notices).

4

For the purposes of the enforcement of the Regulation section 33(1)(c) of the 1974 Act (offences) only applies to contraventions of—

a

articles 13 iv, 15 iv, 16, 22 to 25, 27, 34 (a) and (b), 39, 51, 52 (a) and (b) and 61 of the Regulation; and

b

any requirement or prohibition to which a person is subject by virtue of the terms of or any condition or restriction attached to any—

i

authorisation of rolling stock;

ii

safety authorisation; or

iii

Part B certificate;

given under the Regulation, including any deemed authorisation or Part B certificate referred to in articles 66, 73 or 74 of the Regulation.

5

Paragraphs (1) and (2) do not apply in respect of the following articles of the Regulation—

a

articles 6 and 7 (safety authority);

b

articles 56 to 60 (access to training facilities); and

c

articles 67 to 72 (investigations into accidents and incidents).

6

Paragraphs (1) and (2) do not apply for the purpose of enforcing the obligations of the Intergovernmental Commission under the Regulation.