The Railway Safety Levy Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations place an obligation on railway service providers to pay a levy to the Office of Rail Regulation to meet the expenses it incurs in performing activities relating to railway safety.

Regulation 3 enables the Office of Rail Regulation to determine, in respect of each financial year, the total amount of the levy, the railway service providers that are liable to pay the levy, when the levy is to be paid and the criteria for determining the proportion of the levy to be paid by each railway service provider. The Office of Rail Regulation may revise a determination of any of these matters and must publish each determination or revision of a determination. The Office of Rail Regulation may calculate the amount of levy payable by each railway service provider that is liable.

Regulation 4 enables the Office of Rail Regulation to obtain the information necessary to determine or calculate any matter under regulation 3. Where information requested is financial information, the information must be accompanied by a certificate signed by an auditor attesting to its accuracy. If the railway service provider has a relevant turnover of less than £10,000,000, the railway service provider may provide a statement regarding the accuracy of the information signed by or on behalf of the railway service provider rather than by an auditor.

Regulation 6 provides that where information is requested but is not supplied the Office of Rail Regulation may make assumptions. The Office of Rail Regulation must provide the railway service provider with written notice of any assumption it intends to make and the reasons for making that assumption. The railway service provider may make representations to the Office of Rail Regulation regarding that assumption within 21 days of the date of the notice, after which the Office of Rail Regulation may apply the assumption with or without modifications.

Regulation 7 provides for the payment of the levy to the Office of Rail Regulation, and the recovery of levy that is not paid in accordance with the Regulations.

Regulation 8 enables the Office of Rail Regulation to refund levy paid to it under these Regulations.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Rail Standards and Safety Division of the Department for Transport, Zone 4/32 Great Minster House, 76 Marsham Street, London SW1P 4DR.