The Railways and Other Guided Transport Systems (Safety) Regulations 2006

Interpretation and application U.K.

2.—(1) In these Regulations—

[F1 “2011 EU ECM Regulation” means Commission Regulation (EU) No 445/2011 on a system of certification of entities in charge of maintenance for freight wagons and amending Regulation (EC) No 653/2007 as it had effect or as it has effect in EU law, as the context dictates;

“2019 EU ECM Regulation”, save in the expression “retained 2019 EU ECM Regulation”, means Commission Implementing Regulation (EU) 2019/779 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011 as it had effect or as it has effect in EU law, as the context dictates;

“accident” means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences; accidents are divided into the following categories: collisions, derailments, level-crossing accidents, accidents to persons caused by rolling stock in motion, fires and others;]

“building operation” means the—

(a)

construction, structural alteration, repair or maintenance of a building and “maintenance” shall include repointing, redecoration and external cleaning of the structure;

(b)

demolition of a building; or

(c)

preparation for and laying the foundation of an intended building,

but does not include any operation which is a work of engineering construction;

“bus” means a motor vehicle which is designed or adapted to travel along roads and to carry more than eight passengers but which is not a tramcar;

“cableway installation” means an installation made up of several components that—

(a)

is used or intended to be used for the purpose of providing an operational system for carrying persons in vehicles, on chairs or by towing devices;

(b)

uses cables positioned along the line of travel to provide suspension or traction or both; and

(c)

is one of the following—

(i)

cable car (including a gondola and chair lift) where the cabins or chairs are lifted or displaced by one or more carrier cables;

(ii)

drag lift, where users with appropriate equipment are dragged by means of a cable; or

(iii)

funicular railway or other installation with vehicles mounted on wheels or on other suspension devices where traction is provided by one or more cables;

but does not include cable operated tramways, rack railways or lifts;

M1 M2 “carriageway” has the same meaning as in the Highways Act 1980 , or in Scotland the Roads (Scotland) Act 1984 ;

[F2 “certification body” [F3 means a body responsible for the certification of entities in charge of maintenance, on the basis of the criteria in Part 3 of Schedule 10 ]];

[F4 “common safety methods” (“CSMs”) means—

(a)

Commission Regulation (EU) No 1158/2010 on a common safety method for assessing conformity with the requirements for obtaining railway safety certificates;

(b)

Commission Regulation (EU) No 1169/2010 on a common safety method for assessing conformity with the requirements for obtaining a railway safety authorisation;

(c)

Commission Delegated Regulation (EU) 2018/761 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation;

(d)

Commission Regulation (EU) No 1078/2012 on a common safety method for monitoring to be applied by railway undertakings, infrastructure managers after receiving a safety certificate or safety authorisation and by entities in charge of maintenance; and

(e)

Commission Implementing Regulation (EU) No 402/2012 on a common safety method for risk evaluation and assessment,

as they have effect in Great Britain;]

[F5 “common safety targets” (“CSTs”) means the minimum safety levels that must be reached by the mainline railway system, or parts of the mainline railway system, expressed in risk categories as defined in paragraph 2 of Schedule 11;]

“competent person” means, except for the purposes of Part 4, a person who—

(a)

has sufficient skills, knowledge, experience and resources to undertake the safety verification in relation to which he is appointed;

(b)

has not borne such responsibility in relation to any of the matters he has to consider in undertaking that safety verification that might compromise his objectivity; and

(c)

is sufficiently independent of a management system, or a part thereof, which has borne responsibility for any of the matters he has to consider in undertaking the safety verification, to ensure that he will be objective in carrying out the safety verification for which he is appointed;

[F6 “cross-border service” means a service for the carriage of passengers or goods by way of the tunnel system;

“cross-border UK-issued ECM certificate” means a certificate issued in the United Kingdom to an entity in charge of maintenance by an accredited or recognised body or by a safety authority in accordance with the retained 2019 EU ECM Regulation;]

F7 ...

F8 ...

F8 ...

[F9 “the Directive” means Directive 2004/49/EC of the European Parliament and of the Council on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification as amended by—

(a)

the Interoperability Directive;

(b)

Directive 2008/110/EC of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community’s railways;

(c)

Commission Directive 2009/149/EC amending Directive 2004/49/EC of the European Parliament and of the Council as regards Common Safety Indicators and common methods to calculate accident costs; and

(d)

Commission Directive 2014/88/EU amending Directive 2004/49/EC of the European Parliament and of the Council as regards common safety indicators and common methods of calculating accident costs;]

[F10 “EU ECM certificate” means a certificate issued to an entity in charge of maintenance in accordance with the 2011 EU ECM Regulation or the 2019 EU ECM Regulation as may be applicable;]

F11 ...

“engineering possession” means a section of track which is closed to normal traffic and where the closure is for the purpose of carrying out maintenance which shall include any repair alteration, reconditioning, examination or testing of infrastructure;

[F12 “entity in charge of maintenance” means an entity in charge of maintenance of a vehicle, and includes a transport undertaking, an infrastructure manager or a keeper;]

[F13 “European Union Agency for Railways” means the Agency established by Regulation (EU) 2016/796 of the European Parliament and of the Council on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004;]

M3 “factory” means a factory within the meaning of section 175 of the Factories Act 1961 and premises to which section 123(1) or (2) or 125(1) of that Act applies;

[F14 “freight wagon” means a non-self-propelled-vehicle designed for the purpose of transporting freight or other materials to be used for activities such as construction or infrastructure maintenance;]

“guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation—

(a)

travel along roads; and

(b)

are guided (whether while on the road or at other times) by means of—

(i)

apparatus, a structure or other device which is fixed and not part of the bus; or

(ii)

a guidance system which is automatic;

“guided transport” means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles which for some or all of the time when they are in operation are guided by means of—

(a)

rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle; or

(b)

a guidance system which is automatic;

[F15 “harbour” area has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016;]

F16 ...

   

F17 ...

“infrastructure” means fixed assets used for the operation of a transport system which shall include, without prejudice to the generality of the foregoing—

(a)

its permanent way or other means of guiding or supporting vehicles;

(b)

any station; and

(c)

plant used for signalling or exclusively for supplying electricity for operational purposes to the transport system;

“infrastructure manager” means the person who—

(a)

in relation to infrastructure other than a station, is responsible for developing and maintaining that infrastructure or, in relation to a station, the person who is responsible for managing and operating that station, except that it shall not include any person solely on the basis that he carries out the construction of that infrastructure or station or its maintenance, repair or alteration; and

(b)

manages and uses that infrastructure or station, or permits it to be used, for the operation of a vehicle;

[F18 “Interoperability Directive” means Directive 2008/57/EC of the European Parliament and of the Council of 17^th June 2008 on the interoperability of the rail system within the Community (Recast);]

“Interoperability Regulations” means the Railways (Interoperability) Regulations [F19 2011];

[F20 “keeper” means the person who, being the owner of a vehicle or having the right to use it, exploits the vehicle as a means of transport and is registered as being the keeper in the National Vehicle Register;]

“mainline application” means an application for—

(a)

a safety certificate or an amended safety certificate; or

(b)

a safety authorisation or an amended safety authorisation,

made in relation to an operation on the mainline railway;

[F21 “mainline railway” means any railway except for any railway or part of a railway—

(a)

that the [F22 Office of Rail and Road] determines in accordance with regulation 2A (determination of exclusion from the mainline railway) falls within one of the categories listed in paragraph (1) of that regulation; or

(b)

which is privately owned infrastructure that exists solely for use by the infrastructure owner for its own freight operations;]

“mainline railway system” means the mainline railway and the management and operation of the mainline railway as a whole;

[F23 “maintenance file” means the written file that contains all the technical and management information that is necessary to carry out the maintenance of a vehicle;]

[F23 “maintenance rules” means any rules, applicable [F24 in] Great Britain, which set out requirements relating to the maintenance of vehicles;]

“material” includes plant;

“military establishment” means an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence;

M4 “mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954 ;

“national safety rules” means any legislation and other requirements—

(a)

applicable [F25 in] Great Britain; and

(b)

[F26 which contain requirements (including common operating rules) relating to railway safety which are imposed on more than one transport undertaking operating on the mainline railway;]

except that where the requirements in sub-paragraph (b) consist of common operating rules of the mainline railway it shall not include such rules which regulate matters which are [F27 covered by an NTSN];

[F28 “NTSN” means a National Technical Specification Notice published by the Secretary of State pursuant to regulation 3B of the Interoperability Regulations;]

[F29 “National Vehicle Register” means the register of vehicles authorised in Great Britain, required by regulation [F30 36] of the Interoperability Regulations;]

“new” in relation to regulations 5 and 6 means new to the transport system in question;

“non-mainline application” means an application for—

(a)

a safety certificate or an amended safety certificate; or

(b)

a safety authorisation or an amended safety authorisation,

made in relation to an operation on a transport system other than the mainline railway;

“operator of last resort” means a transport operator appointed by the Secretary of State to provide transport services in accordance with section 30 of the Railways Act 1993;

[F31 “owner”, in relation to a vehicle, means any person who has an estate or interest in, or a right over, that vehicle, and whose permission is needed before another may use it;]

“Part A of a safety certificate” means that part of a safety certificate certifying the matters set out in regulation 7(4)(b)(i) and related expressions shall be construed accordingly;

“Part B of a safety certificate” means that part of a safety certificate certifying the matters set out in regulation 7(4)(b)(ii) and related expressions shall be construed accordingly;

[F32 “placed in service” means when a vehicle or infrastructure, having been constructed, upgraded or renewed, is first operated in the provision of a transport service, and in ascertaining when this takes place no regard shall be had to any trials or testing that take place to the vehicle or infrastructure, and cognate expressions shall be construed accordingly;]

M5 “quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999 ;

“railway” means a system of transport employing parallel rails which—

(a)

provide support and guidance for vehicles carried on flanged wheels; and

(b)

form a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level),

but does not include a tramway;

[F33 “Recast Safety Directive” means Directive (EU) 2016/798 of the European Parliament and the Council on railway safety (recast);]

“relevant infrastructure manager” means the infrastructure manager for any infrastructure used in relation to the operation in question;

“relevant infrastructure or vehicle” means any new or altered—

(a)

infrastructure; or

(b)

vehicle,

falling within regulation 5(4) or 6(4) and related expressions shall be construed accordingly;

“responsible person” means in relation to any relevant infrastructure or vehicle, any person who—

(a)

has contracted with another person for the manufacture or construction by that other person of that infrastructure or vehicle; or

(b)

manufactures or constructs that infrastructure or vehicle for his own use, or for sale to, or use by, another person but not where he is contracted to do so by a person falling under sub-paragraph (a),

and includes an authorised representative established in Great Britain of such a person.

[F34 “retained 2019 EU ECM Regulation” means Commission Implementing Regulation (EU) 2019/779 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011, as it has effect in the UK after IP completion day;]

“risk” means in Parts 1 and 2 a risk to the safety of a person;

“road” means in the definition of ” “guided bus system” and “tramway” –

(a)

in England and Wales, any length of highway or of any other road to which the public has access, and includes bridges over which a road passes; and

(b)

in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

M6 “rolling stock” has the meaning in section 83(1) of the Railways Act 1993 ;

M7 “ROTS” means the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 ;

“safety authorisation” means a safety authorisation issued by the [F22 Office of Rail and Road] in accordance with regulation 10 or 12;

[F35 “safety authority”, save for in the expression “safety authority for the tunnel system”, means—

(a)

as regards Great Britain, the Office of Rail and Road M8 ; or

(b)

as regards Northern Ireland, the Department for Infrastructure established by article 3(1) of the Departments (Northern Ireland) Order 1999 M9 and renamed by section 1(6) of the Departments Act (Northern Ireland) 2016 M10 ;]

[F36 “safety authority for the tunnel system” means the Intergovernmental Commission as defined in section 49(1) of the Channel Tunnel Act 1987 M11 ;]

“safety certificate” means a safety certificate issued by the [F22 Office of Rail and Road] in accordance with regulation 7 or 9;

“safety management system” means the organisation and arrangements established by a transport operator to ensure the safe management of its operation;

“significant safety risk” means, in relation to new or altered infrastructure or a new or altered vehicle the design or construction of which incorporates significant changes compared to any infrastructure or vehicle already in use on the transport system, the capability of significantly increasing an existing safety risk or creating a significant safety risk to—

(a)

passengers on the transport system in question; or

(b)

M12 members of the public on roads and any other location where the transport system in question operates and to which the public have access (including a place to which the public has access only on making a payment), except a location which is a crossing subject to an Order made under section 1 of the Level Crossings Act 1983 ;

“station” means a passenger stop, station or terminal on a transport system but does not include any permanent way or other means of guiding or supporting vehicles or plant used for signalling or exclusively for supplying electricity for operational purposes to a transport system;

[F37 “subsystem” has the same meaning as in the Interoperability [F38 Regulations]] ;

F39 ...

“train” includes any rolling stock;

“tramway” means a system of transport used wholly or mainly for the carriage of passengers—

(a)

which employs parallel rails which—

(i)

provide support and guidance for vehicles carried on flanged wheels;

(ii)

are laid wholly or partly along a road or in any other place to which the public has access (including a place to which the public has access only on making a payment); and

(b)

on any part of which the permitted maximum speed is such as to enable the driver to stop a vehicle in the distance he can see to be clear ahead ;

“transport operator” means any transport undertaking or infrastructure manager;

“transport system” means a railway, a tramway, or any other system using guided transport where that other system is used wholly or mainly for the carriage of passengers but a transport system does not include—

(a)

a guided bus system;

(b)

a trolley vehicle system ;

(c)

any part of a transport system—

(i)

within a F40 ... harbour area or which is part of a factory, mine or quarry;

(ii)

used solely for the purpose of carrying out a building operation or work of engineering construction;

(iii)

within a maintenance or goods depot;

(iv)

within a siding except where Part 4 applies; or

(v)

which is within a military establishment;

(d)

any fairground equipment;

(e)

any cableway installation; or

(f)

any transport system where the track forms a gauge of less than 350mm except where such a track crosses a carriageway (whether or not on the same level),

except where the transport system in question forms part of the mainline railway;

“transport undertaking” means any person who operates a vehicle in relation to any infrastructure but shall not include a person who operates a vehicle solely within an engineering possession;

“trolley vehicle system” means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles);

[F41 “tunnel system” has the same meaning as in section 1(7) of the Channel Tunnel Act 1987;

“UK-issued ECM certificate”, save in the expression “cross-border UK-issued ECM certificate”, means a certificate issued in the United Kingdom to an entity in charge of maintenance by an accredited or recognised body or by a safety authority in accordance with Schedule 10;]

[F42 “vehicle”—

(a)

includes a mobile traction unit; and

(b)

in respect of the mainline railway, means a vehicle that runs on its own wheels on railway lines of a gauge of at least 350 millimetres, with or without traction, and is composed of one or more structural and functional subsystems or parts of such subsystems;]

“work of engineering construction” means the—

(a)

construction of any line or siding otherwise than on an existing transport system; and

(b)

construction, structural alteration, repair (including repointing and repainting) or demolition of any tunnel, bridge or viaduct except where carried on upon a transport system; and

“writing” apart from its usual meaning includes any text transmitted using electronic communications that is received, or accessible by the person to whom it is sent, in legible form.

(2) Any reference in these Regulations to a person who operates a train or a vehicle is a reference to the person operating the train or vehicle for the time being in the course of a business or other undertaking carried on by him, whether for profit or not, but it does not include a self-employed person by reason only that he drives or otherwise controls the movement of a train or vehicle.

[F43 (3) Parts 2 and 3 of these Regulations shall not apply to or in relation to the operation of a train or the management or use of infrastructure in the tunnel system, save for—

(a) regulation [F44 18(A1)] for vehicles used to operate a cross-border service;

(b) regulation 18B for the tunnel system.]

Textual Amendments

F1 Words in reg. 2 inserted (31.12.2020) by S.I. 2019/837, regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1) (as amended by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 7(2)(a))

F2 Words in reg. 2(1) inserted (21.5.2013) by The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(2)(a)

F3 Words in reg. 2 substituted (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 2 substituted (31.12.2020) by S.I. 2019/837, regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1) (as amended by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 6(a))

F5 Words in reg. 2 substituted (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 3(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 2 inserted (31.12.2020) by S.I. 2019/837, reg. 3(2)(dd) (as inserted by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 7(2)(b))

F7 Words in reg. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 2(2)(a)

F8 Words in reg. 2(1) omitted (21.5.2013) by virtue of The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(2)(b)

F9 Words in reg. 2(1) substituted (11.12.2015) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2015 (S.I. 2015/1917), regs. 1, 2(2)

F10 Words in reg. 2 substituted (31.12.2020) by S.I. 2019/837, regs. 1, 3(2)(e); 2020 c. 1, Sch. 5 para. 1(1) (as amended by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 7(2)(c))

F11 Words in reg. 2 omitted (31.12.2020) by virtue of The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 3(2)(f); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in reg. 2(1) inserted (26.8.2011) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 (S.I. 2011/1860), regs. 1, 2(2)(b)

F13 Words in reg. 2 substituted (31.12.2020 immediately before IP completion day) by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 2(2)(b)

F14 Words in reg. 2(1) inserted (21.5.2013) by The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(2)(d)

F15 Words in reg. 2(1) substituted (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 9(a) (with reg. 5)

F16 Words in reg. 2(1) omitted (21.5.2013) by virtue of The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(2)(e)

F17 Words in reg. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 2(2)(c)

F18 Words in reg. 2(1) inserted (26.8.2011) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 (S.I. 2011/1860), regs. 1, 2(2)(c)

F19 Word in reg. 2(1) substituted (16.1.2012) by The Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), reg. 1(2), Sch. para. 3(a)(i) (with reg. 3)

F20 Words in reg. 2(1) inserted (26.8.2011) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 (S.I. 2011/1860), regs. 1, 2(2)(d)

F21 Words in reg. 2(1) substituted (21.5.2013) by The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(2)(f)

F22 Words in reg. 2(1) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 6(a)

F23 Words in reg. 2(1) inserted (26.8.2011) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 (S.I. 2011/1860), regs. 1, 2(2)(e)

F24 Word in reg. 2(1) substituted (21.5.2013) by The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(2)(g)

F25 Word in reg. 2(1) substituted (21.5.2013) by The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(2)(h)(i)

F26 Words in reg. 2(1) substituted (21.5.2013) by The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(2)(h)(ii)

F27 Words in reg. 2 substituted (31.12.2020) by S.I. 2019/345, Sch. 8 para. 3(a)(i) (as substituted by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 5(16))

F28 Words in reg. 2 inserted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), reg. 1(2), Sch. 8 para. 3(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in reg. 2(1) inserted (26.8.2011) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 (S.I. 2011/1860), regs. 1, 2(2)(f)

F30 Word in reg. 2(1) substituted (16.1.2012) by The Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), reg. 1(2), Sch. para. 3(a)(ii) (with reg. 3)

F31 Words in reg. 2(1) inserted (26.8.2011) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 (S.I. 2011/1860), regs. 1, 2(2)(g)

F32 Words in reg. 2(1) substituted (21.5.2013) by The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(2)(i)

F33 Words in reg. 2 inserted (31.12.2020 immediately before IP completion day) by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 2(2)(d)

F34 Words in reg. 2 inserted (31.12.2020) by S.I. 2019/837, reg. 3(2)(g) (as substituted by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 7(2)(d))

F35 Words in reg. 2 substituted (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 3(2)(h); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in reg. 2 inserted (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 3(2)(i); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in reg. 2(1) inserted (26.8.2011) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 (S.I. 2011/1860), regs. 1, 2(2)(i)

F38 Word in reg. 2 substituted (31.12.2020) by The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/837), regs. 1, 3(2)(j); 2020 c. 1, Sch. 5 para. 1(1)

F39 Words in reg. 2 omitted (31.12.2020) by virtue of S.I. 2019/837, reg. 3(2)(ja) (as inserted by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 6(b))

F40 Words in reg. 2(1) repealed (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 9(b) (with reg. 5)

F41 Words in reg. 2 inserted (31.12.2020) by S.I. 2019/837, regs. 1, 3(2)(k); 2020 c. 1, Sch. 5 para. 1(1) (as amended by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 7(2)(e))

F42 Words in reg. 2(1) substituted (26.8.2011) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2011 (S.I. 2011/1860), regs. 1, 2(2)(k)

F43 Reg. 2(3) substituted (31.12.2020) by S.I. 2019/837, reg. 3(2)(l) (as substituted by The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(i), 7(2)(f))

F44 Word in reg. 2(3)(a) substituted (30.6.2023) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2023 (S.I. 2023/540), regs. 1, 3(2)

Marginal Citations

M1 1980 c. 66, to which there are amendments not relevant to these Regulations.

M2 1984 c. 54. to which there are amendments not relevant to these Regulations.

M3 1961 c. 34; subsection (2)(n) of section 175 was amended by the Factories Act 1961 etc. (the Metrication Regulations 1983 (S.I. 1983/978), regulation 3(1) and Schedule 1; section 123(2) was amended by S.I. 1974/1941, regulation 2(a) and Schedule 1 ; there are amendments to the Act not relevant to these Regulations.

M4 1954 c. 70; section 180(1) was substituted by S.I. 1993/1897, regulation 41(2) and Schedule 3, Part II; section 180(2) was repealed by S.I. 1999/2024, regulation 47(1) and Schedule 2, Part I; section 180(3)(b) was repealed by S.I. 1999/2024 regulation 47(1) and Schedule 2, Part 1 and amended by S.I. 1999/2024, regulation 47(2) and Schedule 2, Part II; section 180(4) was amended by S.I. 1999/2024, regulation 47(2) and Schedule 2, Part II and S.I. 1974/2013, regulation 2(1)(b) and Schedule 2, paragraph 3; section 180(5) was amended by S.I. 1999/2024, regulation 47(2) and Schedule 2, Part II and by S.I. 1974/2013, regulation 2(1)(b) and Schedule 2, paragraph 3.

M5 S.I. 1999/2024, to which there are amendments not relevant to these Regulations.

M6 1993, c. 43, to which there are amendments not relevant to these Regulations.

M7 S.I. 1994/157 as amended by SIs 1997/553, 2002/1166 and S.I. 2004/129.

M8 The Office of Rail and Road was established by section 15 of the Railways and Transport Safety Act 2003 (c. 20) as the Office of Rail Regulation and subsequently renamed by the Office of Rail Regulation (Change of Name) Regulations (S.I. 2015/1682).

M9 S.I. 1999/283 (N.I. 1).

M10 2016 c. 5 (N.I.). The Department for Infrastructure was originally established as the Department for Regional Development by article 3(1) of the Departments (Northern Ireland) Order 1999) S.I. 1999/283) and subsequently renamed by subsection 1(6) of the Departments Act (Northern Ireland) 2016 (c. 5).

M11 1987 c. 53.

M12 1983 c. 16; sections 1(1A), (4A), (10A) and (10B) were inserted, section 1(3) was repealed and sections 1(6) and (6A) were substituted for section 1(6) as originally enacted by S.I. 1997/487, regulations 3(6), 4(2) to (4) and (7) and section 1(7) and (9) were substituted by S.I. 1997/487, regulation 4(5) and (6), section 1(11) was amended by the Local Government (Wales) Act 1994 (c. 19), sections 22(1), 66(8) and Schedule 7, paragraph 31 and Schedule 18, the Local Government Act 1985 (c. 51), section 102 and Schedule 17, the Local Government etc. (Scotland) Act 1994 (c. 39), section 180(1), Schedule 13, paragraph 131, the Transport and Works Act 1992, section 51 (c.42), S.I. 1997/487, regulation 4(8), and the Road Traffic Regulation Act 1984 (c. 27), section 146 and Schedule 13