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The Railways (Interoperability) Regulations 2006

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This is the original version (as it was originally made).

Duty on operator to ensure essential requirements are met

This section has no associated Explanatory Memorandum

12.—(1) This regulation applies where a project subsystem is in use on, or is part of, the high-speed rail system or the conventional TEN rail system pursuant to an authorisation under regulation 4.

(2) The operator of the project subsystem shall ensure that the project subsystem, notwithstanding any alterations, is operated and maintained—

(a)in accordance with the essential requirements relevant to that subsystem;

(b)subject to paragraph (c), in conformity with the TSIs and notified national technical rules against which the subsystem was assessed for that authorisation;

(c)where a TSI and notified national technical rule referred to in paragraph (b) has been varied and replacement parts which conform to the TSI or notified national technical rule against which it was assessed are no longer available, in conformity with that varied TSI or rule; and

(d)in conformity with any functional TSI applying to that subsystem.

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