SCHEDULES

SCHEDULE 3Transfer of safety functions

Restrictions on codes of practice by HSC

9

(1)

In subsection (1) of section 16 of the 1974 Act (codes of practice with respect to the requirements of certain provisions), for “sections 2 to 7 or of health and safety regulations or of any of the existing statutory provisions” substitute “ any of the enactments or instruments mentioned in subsection (1A) below ”.

(2)

After that subsection insert—

“(1A)

Those enactments and instruments are—

(a)

sections 2 to 7 above;

(b)

health and safety regulations, except so far as they make provision exclusively in relation to transport systems falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005; and

(c)

the existing statutory provisions that are not such provisions by virtue of section 117(4) of the Railways Act 1993.”