The Railways Regulations 1998

Appointment of licensing authority and grant of international licences

16.—(1) The International Rail Regulator is hereby designated as the person responsible for granting international licences.

(2) Subject to and in accordance with these Regulations, the International Rail Regulator shall, on an application in writing made to him by a railway undertaking established in Great Britain in such form and manner as he may from time to time prescribe, grant to that railway undertaking an international licence.

(3) An international licence may authorise the provision of services generally or be restricted to particular types of service specified in the licence.

(4) Before granting or modifying an international licence the International Rail Regulator shall consult the Health and Safety Executive.

(5) An applicant shall submit with his application such application fee as the International Rail Regulator may reasonably require and the information about the applicant referred to in Schedule 3 and at any time after submitting the application such further information as the International Rail Regulator may reasonably require in connection with the application.

(6) The applicant shall at the same time as he submits any information about his professional competence to the International Rail Regulator send to the Health and Safety Executive a copy of that information.

(7) The International Rail Regulator shall grant an international licence if, and only if, he is satisfied that the applicant will be able at any time to satisfy the requirements referred to in Schedule 3 as to good repute, financial fitness, professional competence and cover for liabilities to third parties.

(8) An application for an international licence shall be determined by the International Rail Regulator as soon as possible and in any event within three months of receipt of the information referred to in paragraph (5).

(9) In respect of each application for an international licence the International Rail Regulator shall publish at least once in the Official Journal of the European Communities, the London Gazette, the Edinburgh Gazette and in one or more newspapers whose circulation together covers the whole of Great Britain a notice including the following particulars:—

(a) a statement that the applicant has made an application for an international licence and the principal address of the International Rail Regulation;

(b) the name of the applicant and the address of its registered or principal office; and

(c) a summary of the activities which the applicant wishes to carry out pursuant to the international licence

(10) The International Rail Regulator shall inform the applicant in writing of his decision and, where he refuses to grant an international licence, the refusal shall state the reasons for his decision.

(11) As soon as practicable after granting an international licence the International Rail Regulator shall send a copy of the licence to the Regulator and to the Health and Safety Executive.

(12) Any sums received by the International Rail Regulator under this regulation shall be paid into the Consolidated Fund.

(13) Schedule 3 shall have effect.