The Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

PART 2 U.K. Amendments to subordinate legislation

Amendments to the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 E+W+S

3.—(1) The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 M1 are amended as follows.

(2) In regulation 6 (access to services), after paragraph (13), insert—

“(14) Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 M2 on access to service facilities and rail-related services sets out details of the procedure and criteria to be followed for access to the services and service facilities referred to in paragraphs 2, 3 and 4 of Schedule 2.”

Commencement Information

I1 Reg. 3 in force at 28.10.2019, see reg. 1(2)(b)

Marginal Citations

M1 S.I. 2016/645, amended by S.I. 2019/82 and S.I 2019/518; SI 2019/518, with the exception of regulations 9(a), 13(b) and (c) and 21(b), which implement permitted derogations under European legislation, is not yet in force.

M2 OJ No. L 307, 23.11.2017, p. 1.

Amendments to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016 N.I.

4.—(1) The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016 M3 are amended as follows.

(2) In regulation 5 (access to services), for paragraph (13), substitute—

“(13) Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 M4 on access to service facilities and rail-related services sets out details of the procedure and criteria to be followed for access to the services and service facilities referred to in paragraphs 2, 3 and 4 of Schedule 2.”.

Commencement Information

I2 Reg. 4 in force at 28.10.2019, see reg. 1(2)(b)

Marginal Citations

M3 S.R. 2016 No. 420, amended by S. R. 2019 No. 15; prospectively amended by S.I. 2019/826.

M4 OJ L 307, 23.11.2017, p. 1.

Amendments to the Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 U.K.

5.—(1) The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 M5 are amended as follows.

(2) In regulation 25 (revocation of retained EU law), omit paragraph (b).

(3) In regulation 41(Commission Implementing Regulation (EU) No 869/2014 of 11 August 2014 on new rail passenger services), sub-paragraph (c)(ii), at the end, insert “and for “ their decision ” substitute “its decision” ”.

(4) In regulation 68 (Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity), in sub-paragraph (a)(i), for “regulation 23(4) to (10), (9) and (10) of the 2016 GB Regulations” substitute “ regulation 23(1) to (3), (9) and (10) of the 2016 GB Regulations ”.

(5) For regulation 82 (Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council) substitute—

“82.   In Article 9 (procedure for the economic equilibrium test), before “point 3 of Annex VII to Directive 2012/34/EU” in each place it occurs, insert “paragraph 3 of Schedule 4 to the 2016 GB Regulations or, in Northern Ireland,”.”

Commencement Information

I3 Reg. 5 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(c)

Marginal Citations

M5 S.I. 2019/518.

Amendments to the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 U.K.

6.—(1) The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 M6 are amended as follows.

(2) In regulation 2 (amendments to the Railways (Interoperability) Regulations 2011)—

(a) in paragraph (13)(c), in the new paragraph 9(b), for “after” substitute “ on or after ”;

(b) [F1 in paragraph (27), in the new regulation 23—

(i) in paragraph (2)(a), after “before” insert “ , on ”;

(ii) in paragraph (4), for “after exit day” substitute “ on or after exit day ”.]

Textual Amendments

F1 Reg. 6(2)(b) omitted (E.W.S.) (31.12.2020 immediately before S.I. 2019/1310, regs. 6, 7 come into force) by virtue of The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(ii), 8(2)

Commencement Information

I4 Reg. 6 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(c)

Marginal Citations

M6 S.I. 2019/345.

Amendments to the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 E+W+S

7.—(1) The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 M7 are amended as follows.

(2) In regulation 3 (amendments to the Railways and Other Guided Transport Systems (Safety) Regulations 2006 M8 )—

(a) after paragraph (2), insert

“(2A) In regulation 7 (safety certificate)—

(i) in paragraph (2), at the beginning, insert “ Subject to paragraph 2A, ”

(ii) after paragraph (2), insert—

“(2A) Where in accordance with paragraphs (1) and (2) of this regulation, the applicant has at any time before, on or after exit day submitted a copy of the certificate referred to in paragraph 1(b)(i)(bb) of Schedule 2, that certificate shall cease to be deemed to be Part A of the safety certificate after the second anniversary of exit day and no such certificate submitted after that anniversary shall be deemed to be Part A of the safety certificate.”

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”

(3) Omit regulation 14 (amendments to Commission Regulation (EU) No 1077/2012 on a common safety method for supervision by national safety authorities after issuing a safety certificate or safety authorisation).

(4) In regulation 16 (amendments to Commission Implementing Regulation (EU) No 402/2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009)—

(a) for paragraph (3)(c) substitute—

“(c) in paragraph 4—

(i) for “TSIs” substitute “ NTSNs ”;

(ii) for the second sentence substitute “ If such contradictions occur, the proposer shall inform the Secretary of State who may then decide to publish a variation of the NTSN in accordance with paragraphs (3) and (4) of regulation 3B of the Railways (Interoperability) Regulations 2011 M9 or issue an exemption in accordance with regulation 14 of those Regulations. ””;

(b) in paragraph (4), in the substituted Article 3 (definitions)—

(i) after the definition of ‘actors’, insert—

“‘approved body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(ii) after the definition of ‘critical accident’, insert—

“‘designated body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(iii) after the definition of ‘entity in charge of maintenance’, insert—

“‘EU notified body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(iv) after the definition of ‘national accreditation body’, insert—

“‘national rule’ means NTRs as defined in regulation 2 of the Railways (Interoperability) Regulations 2011 and national safety rules as defined in regulation 2 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006;

‘NTSN’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(v) omit the definition of ‘notified bodies’;

(vi) omit the definition of ‘notified national rule’;

(vii) in the definition of ‘proposer’, for paragraph (c) substitute—

“(c) a contracting entity or manufacturer which invites—

(i) an approved body or a designated body to apply the UK verification assessment procedure in accordance with regulation 17 of and Schedule 4 to the Railways (Interoperability) Regulations 2011; or

(ii) an EU notified body to apply the EC verification procedure in accordance with Directive 2008/57/EC or a designated body according to Article 17(3) of that Directive;”;

(viii) omit the definition of ‘technical specification for interoperability’ (‘TSI’);

(c) in paragraph (7)—

(i) for paragraph (c), substitute—

“(c) in paragraph 3(b), for “a notified body as defined by Article 2(j) of Directive 2008/57/EC or a body designated in accordance with Article 17 of that Directive” substitute “ an EU notified body or an approved body ”;”;

(ii) for paragraph (j) substitute—

“(j) in the final paragraph—

(i) omit “as referred to in Article 15(1) or Article 20 of Directive 2008/57/EC”;

(ii) for “a notified body in accordance with Article 18(2) of that Directive”, substitute “ an approved body ”.”;

(d) in paragraph (9)—

(i) for paragraph (a) substitute—

“(a) in paragraph 1—

(i) for “Commission Regulation (EU) No 1158/2010 or Commission Regulation (EU) No 1169” substitute “ regulation 7 or 10 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006, or Chapter 3 of the Schedule to the Channel Tunnel (Safety) (Amendment) Order 2013 ”;

(ii) for “by a Member State in accordance with Article 7” substitute “ in Northern Ireland ”;”

(ii) for paragraph (b)(ii) substitute—

“(ii) for “by a Member State”, substitute “ in Northern Ireland ”;”;

(e) for paragraph (13) substitute—

“(13) In Article 15 (safety assessment reports)—

(a) in paragraph 3, for “Without prejudice to Article 16 of Directive 2008/57/EC, the” substitute “ The ”;

(b) in paragraph 4—

(i) for “In the case referred to in point (a) of Article 2(3)” substitute “ Where the application of this Regulation or part of this Regulation is required by a relevant NTSN ”;

(ii) for “notified body” substitute “ approved body ”;”;

(f) in paragraph (17), for “last two sentences” substitute “ last sentence ”;

(g) in paragraph (18)—

(i) after sub-paragraph (a), insert—

“(aa) in point 1.1.4(b)—

(i) for “a TSI” substitute “ an NTSN ”;

(ii) for “notified national rules” substitute “ national rules ”;”;

(ii) after sub-paragraph (b), insert—

“(bb) in point 1.2.1, for “TSIs” substitute “ NTSNs ”;

(bc) in point 1.2.6, for “notified national rule” substitute “ national rule ”;”;

(iii) for sub-paragraph (c), substitute—

“(c) in point 2.3.3—

(i) for “TSIs”, in both places it occurs, substitute “ NTSNs ”;

(ii) omit “by Directive 2008/57/EC”;

(iii) for “TSI” substitute “ NTSN ”;”;

(iv) after sub-paragraph (c), insert—

“(cc) in point 2.3.4, omit “notified in accordance with Article 8 of Directive 2004/49/EC and Article 17(3) of Directive 2008/57/EC”;”;

(v) for sub-paragraph (e), substitute—

“(e) in point 2.5.2, for—

(i) for “Union legislation” substitute “ legislation applying in Great Britain ”;

(ii) “notified national rules”, substitute “national rules”;”;

(vi) after sub-paragraph (f), insert—

“(ff) in point 2.5.5, for “definition (23) and definition (35)” substitute “ catastrophic accident or critical accident ”.”;

(5) In regulation 17 (amendments to Commission Regulation (EU) No 1158/2010 on a common safety method for assessing conformity with the requirements for obtaining railway safety certificates), in paragraph (7)(b), for “Schedule 8” substitute “ Schedule 6 ”.

(6) Omit regulation 19 (amendments to Commission Regulation (EU) 1077/2012 on a common safety method for supervision by national safety authorities after issuing a safety certificate or safety authorisation).

(7) In regulation 21 (amendments to Commission Implementing Regulation (EU) No 402/2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009)—

(a) for paragraph (3)(c) substitute—

“(c) in paragraph 4—

(i) for “TSIs” substitute “ NTSNs ”;

(ii) for the second sentence substitute “ If such contradictions occur, the proposer shall inform the Secretary of State, who may then decide to publish a variation of the NTSN in accordance with paragraphs (3) and (4) of regulation 3B of the Railways (Interoperability) Regulations 2011, and the Department for Infrastructure M10 , who may then decide to issue an exemption in accordance with regulation 14 of those Regulations. ””;

(b) in paragraph (4), in the substituted Article 3 (definitions)—

(i) after the definition of ‘actors’, insert—

“‘approved body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(ii) after the definition of ‘critical accident’, insert—

“‘designated body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(iii) after the definition of ‘entity in charge of maintenance’, insert—

“‘EU notified body’ has the meaning provided in regulation 2 of the Railways (Interoperability) Regulations 2011;”;

(iv) after the definition of ‘national accreditation body’, insert—

“‘national rule’ means NTRs as defined in regulation 2 of the Railways (Interoperability) Regulations 2011 and national safety rules as defined in regulation 2 of the Railways (Safety Management) Regulations (Northern Ireland) 2006 M11 ;”;

(v) omit the definition of ‘notified bodies’;

(vi) omit the definition of ‘notified national rule’;

(vii) in the definition of ‘proposer’, for paragraph (c) substitute—

“(c) a contracting entity or manufacturer which invites—

(i) an approved body or a designated body to apply the UK verification assessment procedure in accordance with regulation 17 of and Schedule 4 to the Railways (Interoperability) Regulations 2011; or

(ii) an EU notified body to apply the EC verification procedure in accordance with Directive 2008/57/EC or a designated body according to Article 17(3) of that Directive;”;

(viii) omit the definition of ‘technical specification for interoperability’ (“TSI”);

(c) in paragraph (7)—

(i) for paragraph (c) substitute—

“(c) in paragraph 3(b), “for a notified body as defined by Article 2(j) of Directive 2008/57/EC or a body designated in accordance with Article 17 of that Directive”, substitute “ an EU notified body or an approved body ”;”;

(ii) for paragraph (j) substitute—

“(j) in the final paragraph—

(i) omit “as referred to in Article 15(1) or Article 20 of Directive 2008/57/EC”;

(ii) for “a notified body in accordance with Article 18(2) of that Directive”, substitute “ an approved body ”.”;

(d) in paragraph (9)—

(i) for paragraph (a) substitute—

“(a) in paragraph 1—

(i) for “Commission Regulation (EU) No 1158/2010 or Commission Regulation (EU) No 1169” substitute “ regulation 5 or 8 of the Railways (Safety Management) Regulations (Northern Ireland) 2006 ”;

(ii) for “by a Member State in accordance with Article 7” substitute “ in Great Britain ”;”

(ii) for paragraph (b)(ii) substitute—

“(ii) for “by a Member State”, substitute “ in Great Britain ”;”;

(e) for paragraph (13) substitute—

“(13) In Article 15 (safety assessment reports)—

(a) in paragraph 3 for “Without prejudice to Article 16 of Directive 2008/57/EC, the”, substitute “ The ”;

(b) in paragraph 4—

(i) for “In the case referred to in point (a) of Article 2(3)” substitute “ Where the application of this Regulation or part of this Regulation is required by a relevant NTSN ”;

(ii) for “notified body” substitute “ approved body ”;”;

(f) in paragraph (17), for “last two sentences” substitute “ last sentence ”;

(g) in paragraph (18)—

(i) after sub-paragraph (a), insert—

“(aa) in point 1.1.4(b)—

(i) for “a TSI” substitute “ an NTSN ”;

(ii) for “notified national rules” substitute “ national rules ”;”;

(ii) after sub-paragraph (b), insert—

“(bb) in point 1.2.1, for “TSIs” substitute “ NTSNs ”;

(bc) in point 1.2.6, for “notified national rule” substitute “ national rule ”;”;

(iii) for sub-paragraph (c), substitute—

“(c) in point 2.3.3—

(i) for “TSIs”, in both places it occurs substitute “ NTSNs ”;

(ii) omit “by Directive 2008/57/EC”;

(iii) for “TSI” substitute “ NTSN ”;”;

(iv) after sub-paragraph (c), insert—

“(cc) in point 2.3.4, omit “notified in accordance with Article 8 of Directive 2004/49/EC and Article 17(3) of Directive 2008/57/EC”;”;

(v) for sub-paragraph (e), substitute—

“(e) in point 2.5.2—

(i) for “Union legislation” substitute “ legislation applying in Northern Ireland ”;

(ii) for “notified national rules” substitute “ national rules ”;”;

(vi) after sub-paragraph (f), insert—

“(ff) in point 2.5.5, for “definition (23) and definition (35)” substitute “ catastrophic accident or critical accident ”.”.

(8) In the Schedule—

(a) in the new Schedule 10 (system of certification of entities in charge of maintenance in respect of Great Britain) to the Railways and Other Guided Transport Systems (Safety) Regulations 2006, in paragraph 31, for “TSIs”, in each place it occurs, substitute “ NTSNs ”;

(b) the new Schedule 11 (common safety targets) to the Railways and Other Guided Transport Systems (Safety) Regulations 2006 is amended in the manner set out in Schedule 1 to these Regulations.

Textual Amendments

F2 Reg. 7(2)(b) omitted (31.12.2020 immediately before S.I. 2019/1310, regs. 6, 7 come into force) by virtue of The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/786), regs. 1(2)(b)(ii), 8(3)

Commencement Information

I5 Reg. 7 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(c)

Marginal Citations

M7 S.I. 2019/837.

M8 S.I. 2006/599; relevant amendments are made by S.I. 2007/3531, 2013/950 and 2015/1682 and prospective amendments by S.I. 2019/837.

M9 S.I. 2011/3066; prospectively amended by S.I. 2019/345; there are other amending instruments but none is relevant.

M10 The Department for Infrastructure was originally established as the Department for Regional Development by article 3(1) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283) and subsequently renamed by section 1(6) of the Departments Act (Northern Ireland) 2016 (c.5).

M11 S.R. 2006 No. 237, prospectively amended by S.I. 2019/825; there are other amending instruments but none is relevant.

Amendments to the Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 N.I.

8.—(1) The Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 M12 are amended as follows

(2) In the Schedule (schedules to be inserted in the Railways (Safety Management) Regulations (Northern Ireland) 2006), the new Schedule 7 to the Railways (Safety Management) Regulations (Northern Ireland) 2006 is amended in the manner set out in Schedule 2 to these Regulations.

Commencement Information

I6 Reg. 8 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(c)

Marginal Citations

M12 S.I. 2019/825.