The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013

Statutory Instruments

2013 No. 950

Health And Safety

The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013

Made

20th April 2013

Laid before Parliament

25th April 2013

Coming into force

21st May 2013

The Secretary of State makes the following Regulations in exercise of the powers conferred by—

(a) section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972(1); and

(b) sections 15(1), (2), (4), (5), 47(2), and 82(3)(a) of, and paragraphs 1(1)(a) and (c), 1(2) and 6 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(2).

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to railways and railway transport(3). These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State expedient for the references to Annex I to Commission Regulation (EU) No 36/2010 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences under Directive 2007/59 of the European Parliament and the Council(4) to be construed as a reference to that Annex to that Regulation as amended from time to time.

These Regulations are made for the purpose of giving effect without modifications to proposals submitted to the Secretary of State by the Office of Rail Regulation under paragraph 2(5) of Schedule 3 to the Railways Act 2005(5), in respect of which the Office of Rail Regulation has carried out consultations in accordance with paragraph 2(6) of Schedule 3 of the Railways Act 2005.

(1)

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006, section 28 and was subsequently amended by S.I. 2007/1388 and by Part 1 of Schedule 3 to the European Union (Amendment) Act 2008.

(2)

1974 c.37; section 15 was amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 6 and by S.I. 2002/794 and S.I. 2008/960; there are other amendments none of which are relevant. Section 47 was amended by the Employment Protection Act 1975, Schedule 15, paragraph 14 and Schedule 18. The general purposes of Part I referred to in section 15(1) were extended by section 117 of the Railways Act 1993 (c.43). There are no relevant amendments to section 83 or Schedule 3.

(3)

S.I. 1996/266, to which there are amendments not relevant to these Regulations.

(4)

O.J. No. L13, 19.01.2010, p1.

(5)

2005 c.14, to which there are amendments not relevant to these Regulations.