The Railways (Interoperability) (High-Speed) Regulations 2002

Structural subsystems: appropriate verification assessment procedure

20.—(1) Subject to paragraph (3) for the purposes of regulation 13(7)(b) the appropriate verification assessment procedure in relation to a structural subsystem shall be—

(a) in so far as that subsystem is required to conform with part or all of a TSI, the procedures specified in the TSI or part of the TSI with which it is required to conform;

(b) in so far as that structural subsystem is required to conform with notified standards, such procedures as the notified body considers appropriate to assess that structural subsystem against the notified standards with which it is required to conform; and

(c) the procedures set out in Schedule 6.

(2) The notified body shall compile the technical file.

(3) Where the contracting entity has already commenced work on the construction or upgrade of a structural subsystem prior to these Regulations coming into force, the notified body may, with the agreement of the contracting entity, determine, having regard to documentation or other evidence produced by the contracting entity in respect of that work, that there is no need for it to assess the work that was carried out prior to its appointment and in those circumstances the notified body need not assess that work.

(4) Where the RVAR constitute part of the notified standards, and pursuant to regulation 13(4) they are standards with which high-speed rolling stock is required to comply, before drawing up the certificate of conformity the notified body shall—

(a) assess the compliance of that high-speed rolling stock with the RVAR; and

(b) ensure that where there is not full compliance with the RVAR that high-speed rolling stock is exempt from those provisions of the RVAR by virtue of an exemption order granted under section 47(1) of the Disability Discrimination Act 1995.