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

PART IV Assessment Procedures

Interoperability constituents: appropriate assessment procedure

19.  For the purposes of regulation 11(2)(c) the appropriate conformity or suitability for use assessment procedure in relation to an interoperability constituent shall be—

(a) the procedure specified:

(i) in the TSI (if any) with which the interoperability constituent must comply; and

(ii) by any relevant European specification (if any) with which the interoperability constituent must comply; or

(b) in the absence of such a TSI or such a European specification, such conformity or suitability for use assessment procedure that is considered to be appropriate by the notified body; and

in any such case any relevant procedures set out in Schedule 4.

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.

Effect of declarations

21.—(1) Subject to paragraph (3), an interoperability constituent in relation to which such conformity declaration or suitability declaration as is required by regulation 11(2)(f) has been prepared shall be taken to—

(a) meet such of the essential requirements as relate to an interoperability constituent of that type; and

(b) conform to such of the European specifications or notified standards as are required by regulation 11(2)(a),

unless there are reasonable grounds for believing that it does not so conform.

(2) Subject to paragraph (4), a structural subsystem in relation to which a verification declaration has been prepared in accordance with regulation 13(6) shall be taken to—

(a) meet such of the essential requirements as relate to a structural subsystem of that type; and

(b) conform to such of the TSIs or notified standards as are required by regulation 13(4),

unless there are reasonable grounds for believing that it does not so conform.

(3) Paragraph (1) does not apply in relation to the Executive where a person fails or refuses to make available to the Executive the documentation which he is required to retain by any of the conformity or suitability for use assessment procedures which apply to the interoperability constituent in question or a copy of that documentation.

(4) Paragraph (2) does not apply in relation to the Executive where a person fails or refuses to make available to the Executive the documentation which he is required to retain—

(a) by the verification assessment procedure which applies to the structural subsystem in question; and

(b) pursuant to regulation 13; or

a copy of that documentation.