http://www.legislation.gov.uk/uksi/2016/645/regulation/39The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016texttext/xmlenStatute Law DatabaseTRANSPORT2025-01-09Expert Participation2024-03-04 These Regulations implement Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012, establishing a single European railway area (recast) (O.J. No. L 343, 14.12.12, p. 32) (“the Directive”). The Directive repeals three key EU measures: (1) Council Directive 91/440/EEC of 29th July 1991 on the development of the Community's railways (O.J. No. L 237, 24.8.91, p. 25); (2) Council Directive 95/18/EC of 19th June 1995 on the licensing of railway undertakings (O.J. No. L143, 27.6.95, p. 70); and (3) Directive 2001/14/EC of the European Parliament and of the Council of 26th February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (O.J. No. L 75, 5.03.01, p. 29), together with the various directives which amend them (listed in Annex IX of the Directive), and consolidates these provisions in one place. PART 7 391The Railway (Licensing of Railway Undertakings) Regulations 2005 are amended as follows.2In regulation 2 (interpretation)—aafter the definition of “the 1995 Directive” insert—“the 2012 Directive” means Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) ;;bafter the definition of “ORR” insert the following definition—“railway undertaking” means any public or private undertaking, the principal business of which is to provide services for the transport of goods and/or passengers by rail with a requirement that the undertaking ensure traction; this includes undertakings which provide traction only;; andcomit paragraph (2).3In regulation 4 (scope)—ain paragraph (2)(c) omit the words “that are not covered by the scope of Council Directive 91/440/EEC dated 29th July 1991 on the development of the Community's railways”; andbafter paragraph (2) insert—3For the purposes of paragraph (2)—a“urban or suburban rail passenger services” means transport services whose principal purpose is to meet the passenger transport needs of an urban centre or conurbation, including a cross-border conurbation, together with transport needs between such a centre or conurbation and surrounding areas; andb“regional rail freight services” means transport services whose principal purpose is to meet the rail freight transport needs of a region, including a cross-border region..4In regulation 5 (prohibition of unlicensed provision of services), paragraph (4), after the words “the 1995 Directive” add “ or the 2012 Directive ”.5In regulation 6 (appointment of licensing authority and grant of European licences)—aafter paragraph (4) insert—4AIn the exercise of its functions under these Regulations, the ORR shall comply with Commission Implementing Regulation (EU) 2015/171 of 4th February 2015 on certain aspects of the procedure of licensing railway undertakings .; andbin paragraph (11) after the words “The ORR shall” insert “ without delay ”.6In regulation 8 (monitoring, suspension and revocation of European licences)—afor paragraph (2) substitute—2The ORR shall take such steps as are necessary to enable it to determine whether or not a railway undertaking complies with a requirement referred to in Schedule 2—aat regular intervals of at least every 5 years, orbat any time the ORR considers that there is serious doubt whether the railway undertaking complies with the requirement.;bin paragraph (5) for the words “the 1995 Directive”, where they first appear, substitute “ the 2012 Directive ” and for the words after “that licensing authority;” to the end substitute—and in this paragraph, the expression “European licence” means a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the 1995 Directive or the 2012 Directive and a “licensing authority” means the body responsible for granting licences within an EEA State.; andcin paragraph (14), for the words “the European Commission”, substitute “ the European Railway Agency ”.7In regulation 9 (prohibition on operating trains without a statement of national regulatory provisions), paragraph 5, after the words “the 1995 Directive” add “ or the 2012 Directive ”.8In regulation 17 (general duties of the Rail Passengers' Council), paragraph 2, after the words “the 1995 Directive” add “ or the 2012 Directive ”.9In regulation 19 (duties of the London Transport Users' Committee), paragraph 2, after the words “the 1995 Directive” add “ or the 2012 Directive ”.10After regulation 20 insert—211The Secretary of State must from time to time—acarry out a review of these Regulations;bset out the conclusions of the review in a report; andcpublish the report.2In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the 2012 Directive (which is implemented in part by means of these Regulations) is implemented in other EEA States.3The report must in particular—aset out the objectives intended to be achieved by the regulatory system established by these Regulations;bassess the extent to which those objectives are achieved; andcassess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.4The first report under this regulation must be published before the end of the period of five years beginning with the day on which the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 come into force.5Reports under this regulation are afterwards to be published at intervals not exceeding five years..11In Schedule 2—aAt the end of paragraph 7(d) omit “and”;bafter paragraph 7(e) insert—; andftaxes and social security payments.;cin paragraph 8 for the word “substantial” substitute “ considerable or recurrent ”; anddafter paragraph 11(1) insert—1AIn determining whether adequate insurance cover is maintained, the ORR may take into account the specificities and risk-profile of different types of services, in particular of railway operations for cultural or heritage purposes..S.I. 2005/3050; amended by S.I. 2010/439, Schedule, Part 2, paragraph 13 and S.I. 2015/1682, Schedule, Part 2, paragraph 10(1). There are other amendments not relevant to these Regulations.O.J. No. L 343, 14.12.12, p. 32, as corrected by Corrigendum, O.J. L 67, 12.3.15, p. 32.O.J. No. L 29, 5.2.15, p. 3.S.I. 2016/645.