The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) (Amendment) Regulations 2008

Transitional provisions

6.—(1) In this regulation—

(a) “function” means a function transferred to the Office of Rail Regulation or, as the case may be, to the Health and Safety Executive by these Regulations;

(b) function referred to in sub-paragraph (a);

(c) “transferor” means the Office of Rail Regulation or, as the case may be, the Health and Safety Executive from which the function is transferred and “transferee” means the Office of Rail Regulation or, as the case may be, the Health and Safety Executive to which the function is transferred.

(2) Anything done by, or in relation to, the transferor in relation to any function which has effect before or at the date of coming into force of these Regulations shall, so far as necessary or appropriate for the purpose of, or in consequence of, the transfer, have effect as if done by, or in relation to, the transferee.

(3) There may be continued by, or in relation to, the transferee anything (including legal proceedings) relating to a function which is in the process of being done by, or in relation to, the transferor immediately before the coming into force of these Regulations.

(4) Any reference to the transferor in any document relating to a function shall be taken, so far as necessary or appropriate for the purposes of, or in consequence of, the transfer, as a reference to the transferee.

(5) The transfer does not affect the validity of anything done by, or in relation to, the transferor before the coming into force of these Regulations.

(6) In this regulation a reference to the Office of Rail Regulation or to the Health and Safety Executive includes a reference to an officer of such body, including any inspector appointed by it, so far as may be necessary for the purposes of, or in consequence of, the transfer.

(7) If and in so far as immediately before the coming into force of these Regulations any function transferred by these Regulations is held by a local authority pursuant to any transfer or assignment made under regulations 5 or 6 of the Health and Safety (Enforcing Authority) Regulations 1998, paragraphs (2) to (6) of this regulation shall have effect as if any reference to the Health and Safety Executive were a reference to the local authority.