12.—(1) The Competent Authority may from time to time publish a list under this regulation that names or describes projects or types of project that are, in the opinion of the Competent Authority, projects or types of projects for the renewal or upgrading of structural subsystems.
(2) In deciding whether a project or type of project is for the renewal or upgrading of structural subsystem factors to be taken into account by the Competent Authority must include—
(a)the scale of the project assessed by reference to its economic cost and benefits;
(b)the impact of the project on the rail system having regard to its effect on safety, reliability and availability, health, environmental protection and technical compatibility(1); and
(c)the impact of the application of any relevant TSI to the subsystem and any interfacing subsystems.
(3) If a project is named or described or is of a type named or described in accordance with this regulation it is for the purposes of these Regulations deemed to be a project for the renewal or upgrading of a structural subsystem.
See the general requirements listed in annex III to the Directive.