The Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

Amendments to the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019

7.—(1) The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 3 (amendments to the Railways and Other Guided Transport Systems (Safety) Regulations 2006(2))—

(a) after paragraph (2), insert

“(2A) In regulation 7 (safety certificate)—

(i) in paragraph (2), at the beginning, insert “Subject to paragraph 2A,”

(ii) after paragraph (2), insert—

“(2A) Where in accordance with paragraphs (1) and (2) of this regulation, the applicant has at any time before, on or after exit day submitted a copy of the certificate referred to in paragraph 1(b)(i)(bb) of Schedule 2, that certificate shall cease to be deemed to be Part A of the safety certificate after the second anniversary of exit day and no such certificate submitted after that anniversary shall be deemed to be Part A of the safety certificate.”

(b) in paragraph (11), in the new paragraph 1(b)(i), in sub-paragraph (bb), after “member State” insert “before exit day,”.”

(3) Omit regulation 14 (amendments to Commission Regulation (EU) No 1077/2012 on a common safety method for supervision by national safety authorities after issuing a safety certificate or safety authorisation).

(4) In regulation 16 (amendments to Commission Implementing Regulation (EU) No 402/2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009)—

(a) for paragraph (3)(c) substitute—

“(c) in paragraph 4—

(i) for “TSIs” substitute “NTSNs”;

(ii) for the second sentence substitute “If such contradictions occur, the proposer shall inform the Secretary of State who may then decide to publish a variation of the NTSN in accordance with paragraphs (3) and (4) of regulation 3B of the Railways (Interoperability) Regulations 2011(3) or issue an exemption in accordance with regulation 14 of those Regulations.””;

(b) in paragraph (4), in the substituted Article 3 (definitions)—

(i) after the definition of ‘actors’, insert—

“‘approved body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(ii) after the definition of ‘critical accident’, insert—

“‘designated body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(iii) after the definition of ‘entity in charge of maintenance’, insert—

“‘EU notified body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(iv) after the definition of ‘national accreditation body’, insert—

“‘national rule’ means NTRs as defined in regulation 2 of the Railways (Interoperability) Regulations 2011 and national safety rules as defined in regulation 2 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006;

‘NTSN’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(v) omit the definition of ‘notified bodies’;

(vi) omit the definition of ‘notified national rule’;

(vii) in the definition of ‘proposer’, for paragraph (c) substitute—

“(c) a contracting entity or manufacturer which invites—

(i) an approved body or a designated body to apply the UK verification assessment procedure in accordance with regulation 17 of and Schedule 4 to the Railways (Interoperability) Regulations 2011; or

(ii) an EU notified body to apply the EC verification procedure in accordance with Directive 2008/57/EC or a designated body according to Article 17(3) of that Directive;”;

(viii) omit the definition of ‘technical specification for interoperability’ (‘TSI’);

(c) in paragraph (7)—

(i) for paragraph (c), substitute—

“(c) in paragraph 3(b), for “a notified body as defined by Article 2(j) of Directive 2008/57/EC or a body designated in accordance with Article 17 of that Directive” substitute “an EU notified body or an approved body”;”;

(ii) for paragraph (j) substitute—

“(j) in the final paragraph—

(i) omit “as referred to in Article 15(1) or Article 20 of Directive 2008/57/EC”;

(ii) for “a notified body in accordance with Article 18(2) of that Directive”, substitute “an approved body”.”;

(d) in paragraph (9)—

(i) for paragraph (a) substitute—

“(a) in paragraph 1—

(i) for “Commission Regulation (EU) No 1158/2010 or Commission Regulation (EU) No 1169” substitute “regulation 7 or 10 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006, or Chapter 3 of the Schedule to the Channel Tunnel (Safety) (Amendment) Order 2013”;

(ii) for “by a Member State in accordance with Article 7” substitute “in Northern Ireland”;”

(ii) for paragraph (b)(ii) substitute—

“(ii) for “by a Member State”, substitute “in Northern Ireland”;”;

(e) for paragraph (13) substitute—

“(13) In Article 15 (safety assessment reports)—

(a) in paragraph 3, for “Without prejudice to Article 16 of Directive 2008/57/EC, the” substitute “The”;

(b) in paragraph 4—

(i) for “In the case referred to in point (a) of Article 2(3)” substitute “Where the application of this Regulation or part of this Regulation is required by a relevant NTSN”;

(ii) for “notified body” substitute “approved body”;”;

(f) in paragraph (17), for “last two sentences” substitute “last sentence”;

(g) in paragraph (18)—

(i) after sub-paragraph (a), insert—

“(aa) in point 1.1.4(b)—

(i) for “a TSI” substitute “an NTSN”;

(ii) for “notified national rules” substitute “national rules”;”;

(ii) after sub-paragraph (b), insert—

“(bb) in point 1.2.1, for “TSIs” substitute “NTSNs”;

(bc) in point 1.2.6, for “notified national rule” substitute “national rule”;”;

(iii) for sub-paragraph (c), substitute—

“(c) in point 2.3.3—

(i) for “TSIs”, in both places it occurs, substitute “NTSNs”;

(ii) omit “by Directive 2008/57/EC”;

(iii) for “TSI” substitute “NTSN”;”;

(iv) after sub-paragraph (c), insert—

“(cc) in point 2.3.4, omit “notified in accordance with Article 8 of Directive 2004/49/EC and Article 17(3) of Directive 2008/57/EC”;”;

(v) for sub-paragraph (e), substitute—

“(e) in point 2.5.2, for—

(i) for “Union legislation” substitute “legislation applying in Great Britain”;

(ii) “notified national rules”, substitute “national rules”;”;

(vi) after sub-paragraph (f), insert—

“(ff) in point 2.5.5, for “definition (23) and definition (35)” substitute “catastrophic accident or critical accident”.”;

(5) In regulation 17 (amendments to Commission Regulation (EU) No 1158/2010 on a common safety method for assessing conformity with the requirements for obtaining railway safety certificates), in paragraph (7)(b), for “Schedule 8” substitute “Schedule 6”.

(6) Omit regulation 19 (amendments to Commission Regulation (EU) 1077/2012 on a common safety method for supervision by national safety authorities after issuing a safety certificate or safety authorisation).

(7) In regulation 21 (amendments to Commission Implementing Regulation (EU) No 402/2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009)—

(a) for paragraph (3)(c) substitute—

“(c) in paragraph 4—

(i) for “TSIs” substitute “NTSNs”;

(ii) for the second sentence substitute “If such contradictions occur, the proposer shall inform the Secretary of State, who may then decide to publish a variation of the NTSN in accordance with paragraphs (3) and (4) of regulation 3B of the Railways (Interoperability) Regulations 2011, and the Department for Infrastructure(4), who may then decide to issue an exemption in accordance with regulation 14 of those Regulations.””;

(b) in paragraph (4), in the substituted Article 3 (definitions)—

(i) after the definition of ‘actors’, insert—

“‘approved body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(ii) after the definition of ‘critical accident’, insert—

“‘designated body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(iii) after the definition of ‘entity in charge of maintenance’, insert—

“‘EU notified body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(iv) after the definition of ‘national accreditation body’, insert—

“‘national rule’ means NTRs as defined in regulation 2 of the Railways (Interoperability) Regulations 2011 and national safety rules as defined in regulation 2 of the Railways (Safety Management) Regulations (Northern Ireland) 2006(5);”;

(v) omit the definition of ‘notified bodies’;

(vi) omit the definition of ‘notified national rule’;

(vii) in the definition of ‘proposer’, for paragraph (c) substitute—

“(c) a contracting entity or manufacturer which invites—

(i) an approved body or a designated body to apply the UK verification assessment procedure in accordance with regulation 17 of and Schedule 4 to the Railways (Interoperability) Regulations 2011; or

(ii) an EU notified body to apply the EC verification procedure in accordance with Directive 2008/57/EC or a designated body according to Article 17(3) of that Directive;”;

(viii) omit the definition of ‘technical specification for interoperability’ (“TSI”);

(c) in paragraph (7)—

(i) for paragraph (c) substitute—

“(c) in paragraph 3(b), “for a notified body as defined by Article 2(j) of Directive 2008/57/EC or a body designated in accordance with Article 17 of that Directive”, substitute “an EU notified body or an approved body”;”;

(ii) for paragraph (j) substitute—

“(j) in the final paragraph—

(i) omit “as referred to in Article 15(1) or Article 20 of Directive 2008/57/EC”;

(ii) for “a notified body in accordance with Article 18(2) of that Directive”, substitute “an approved body”.”;

(d) in paragraph (9)—

(i) for paragraph (a) substitute—

“(a) in paragraph 1—

(i) for “Commission Regulation (EU) No 1158/2010 or Commission Regulation (EU) No 1169” substitute “regulation 5 or 8 of the Railways (Safety Management) Regulations (Northern Ireland) 2006”;

(ii) for “by a Member State in accordance with Article 7” substitute “in Great Britain”;”

(ii) for paragraph (b)(ii) substitute—

“(ii) for “by a Member State”, substitute “in Great Britain”;”;

(e) for paragraph (13) substitute—

“(13) In Article 15 (safety assessment reports)—

(a) in paragraph 3 for “Without prejudice to Article 16 of Directive 2008/57/EC, the”, substitute “The”;

(b) in paragraph 4—

(i) for “In the case referred to in point (a) of Article 2(3)” substitute “Where the application of this Regulation or part of this Regulation is required by a relevant NTSN”;

(ii) for “notified body” substitute “approved body”;”;

(f) in paragraph (17), for “last two sentences” substitute “last sentence”;

(g) in paragraph (18)—

(i) after sub-paragraph (a), insert—

“(aa) in point 1.1.4(b)—

(i) for “a TSI” substitute “an NTSN”;

(ii) for “notified national rules” substitute “national rules”;”;

(ii) after sub-paragraph (b), insert—

“(bb) in point 1.2.1, for “TSIs” substitute “NTSNs”;

(bc) in point 1.2.6, for “notified national rule” substitute “national rule”;”;

(iii) for sub-paragraph (c), substitute—

“(c) in point 2.3.3—

(i) for “TSIs”, in both places it occurs substitute “NTSNs”;

(ii) omit “by Directive 2008/57/EC”;

(iii) for “TSI” substitute “NTSN”;”;

(iv) after sub-paragraph (c), insert—

“(cc) in point 2.3.4, omit “notified in accordance with Article 8 of Directive 2004/49/EC and Article 17(3) of Directive 2008/57/EC”;”;

(v) for sub-paragraph (e), substitute—

“(e) in point 2.5.2—

(i) for “Union legislation” substitute “legislation applying in Northern Ireland”;

(ii) for “notified national rules” substitute “national rules”;”;

(vi) after sub-paragraph (f), insert—

“(ff) in point 2.5.5, for “definition (23) and definition (35)” substitute “catastrophic accident or critical accident”.”.

(8) In the Schedule—

(a) in the new Schedule 10 (system of certification of entities in charge of maintenance in respect of Great Britain) to the Railways and Other Guided Transport Systems (Safety) Regulations 2006, in paragraph 31, for “TSIs”, in each place it occurs, substitute “NTSNs”;

(b) the new Schedule 11 (common safety targets) to the Railways and Other Guided Transport Systems (Safety) Regulations 2006 is amended in the manner set out in Schedule 1 to these Regulations.

(1)

S.I. 2019/837.

(2)

S.I. 2006/599; relevant amendments are made by S.I. 2007/3531, 2013/950 and 2015/1682 and prospective amendments by S.I. 2019/837.

(3)

S.I. 2011/3066; prospectively amended by S.I. 2019/345; there are other amending instruments but none is relevant.

(4)

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 section 1(6) of the Departments Act (Northern Ireland) 2016 (c.5).

(5)

S.R. 2006 No. 237, prospectively amended by S.I. 2019/825; there are other amending instruments but none is relevant.