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

General provisions relating to safety certificates and safety authorisations U.K.

17.—(1) Where an application is made under these Regulations for a safety certificate or safety authorisation or for an amended safety certificate or safety authorisation which relates to an operation on the mainline railway and on a transport system other than the mainline railway then—

(a) one application may be made for that operation but it shall be split into separate parts for the mainline railway and the other transport system; and

(b) these Regulations shall apply to those parts as if they were a mainline application and a non-mainline application,

except that where the same information is required it need not be stated twice.

(2) A transport operator may make one application for an operation in relation to which he requires both a safety certificate and a safety authorisation or an amended safety certificate and an amended safety authorisation but—

(a) such application shall be split into separate parts relating to the safety authorisation and the safety certificate; and

(b) these Regulations shall apply to those parts as if they were an application for a safety authorisation and a safety certificate or an amended safety authorisation and an amended safety certificate,

except that where the same information is required it need not be stated twice.

(3) Where—

(a) an applicant sends—

(i) an application for a safety certificate or safety authorisation, an amended safety certificate or safety authorisation; or

(ii) further information to the [F1 Office of Rail and Road] pursuant to paragraph (5); or

(b) the holder of a safety certificate or a safety authorisation sends a notice pursuant to regulation 13 F2 ...,

then he shall at the same time either copy it to any affected party or notify any affected party without delay that the application or further information has been sent and of the address of the website where those documents may be accessed and how they may be accessed and, in either case, shall notify such a party, where the document in question is an application, of the time for making representations to the [F1 Office of Rail and Road] pursuant to paragraph (6).

(4) Where the [F1 Office of Rail and Road] issues a—

(a) safety certificate or safety authorisation, other than to an operator of last resort;

(b) notice amending a safety certificate or safety authorisation;

(c) notice refusing an application for a safety certificate or a safety authorisation or an amended safety certificate or safety authorisation;

(d) direction to apply for an amended safety certificate or safety authorisation;

(e) notice that it is considering revoking a safety certificate or a safety authorisation; or

(f) notice revoking a safety certificate or a safety authorisation,

then the [F1 Office of Rail and Road] shall at the same time either copy it and the reasons given for the [F1 Office of Rail and Road]'s decision to any affected party or notify any affected party that the relevant document has been issued and of the address of the website where those documents and the reasons given for the decision may be accessed and how they may be accessed and, in either case, shall notify such a party, where the document in question is a notice that it is considering revocation as mentioned in sub-paragraph (e), of the time for making representations to the [F1 Office of Rail and Road] pursuant to paragraph (6).

(5) The [F1 Office of Rail and Road] may upon receipt of—

(a) an application for a safety certificate or safety authorisation;

(b) an application for an amended safety certificate or safety authorisation;

(c) any further information requested under this paragraph,

request as soon as reasonably possible such further information as it may reasonably require and the applicant shall provide such information as soon as reasonably possible F3 ....

(6) Where an affected party receives a copy of an application or a notice relating to revocation pursuant to paragraph (3)(a) or (4)(e) then—

(a) he may make any representations in writing to the [F1 Office of Rail and Road], which are relevant to the application or notice, within 28 days of the date of issue of the application or notice in question; and

(b) the [F1 Office of Rail and Road] shall consider any such representations in making its decision.

[F4 (7) If a request for information is made under paragraph (5), the period of 4 months for the [F1 Office of Rail and Road] to make a decision referred to in regulations 7(3), 8(4), 10(2) and 11(3) shall not start to run until the date of receipt of the last information requested.]

F5 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) An employer who makes an application for a safety certificate or safety authorisation, an amended safety certificate or safety authorisation or sends a notice to the [F1 Office of Rail and Road] under regulation 13 F6 ... shall, in relation to its preparation, consult—

(a) safety representatives within the meaning of regulation 2(1) of the Safety Representatives and Safety Committees Regulations 1977 M1 ; and

(b) such other employees as he is required to consult by virtue of regulation 3 of the Health and Safety (Consultation with Employees) Regulations 1996 M2 .

(10) In this regulation, “affected party” means for a document sent or issued in relation to—

(a) a safety certificate or an application for a safety certificate—

(i) any relevant infrastructure manager;

(ii) a trade union which is a recognised trade union within the meaning of regulation 2(1) of the Safety Representatives and Safety Committees Regulations 1977 in relation to employees of the operator or applicant employed in relation to the operation in question; and

(iii) the [F7 Passengers’ Council] and the London Transport Users' Committee where, in each case, it represents passengers' interests in relation to the operation in question; and

(b) a safety authorisation or an application for a safety authorisation—

(i) any transport undertaking who is or will be operating on the infrastructure of the applicant or infrastructure manager in question;

(ii) any infrastructure manager who manages infrastructure which interfaces or will interface with the infrastructure of the infrastructure manager in question; and

(iii) any person falling within paragraph (10)(a)(ii) or (iii).

Textual Amendments

F1 Words in reg. 17 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(n)

F2 Words in reg. 17(3)(b) 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(6)(a)

F3 Words in reg. 17(5) 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(6)(b)

F4 Reg. 17(7) substituted (21.5.2013) by The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/950), regs. 1, 3(6)(c)

F5 Reg. 17(8) 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(6)(d)

F6 Words in reg. 17(9) 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(6)(e)

F7 Words in reg. 17(10)(a)(iii) substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 14

Marginal Citations

M1 S.I. 1977/500 as amended by S.I. 1996/1513 and 1999/860 and to which there are other amendments not relevant to these Regulations.

M2 S.I. 1996/1513 as amended by S.I. 1997/1840 and 1999/3242.