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Statutory Rules of Northern Ireland

2017 No. 127

Road Traffic

The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) (Amendment) Regulations (Northern Ireland) 2017

Made

30th June 2017

Coming into operation

31st July 2017

The Department for Infrastructure(1) makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(2).

The Department for Infrastructure is designated(3) for the purposes of section 2(2) of the European Communities Act 1972 in relation to the carriage of passengers and goods by road.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) (Amendment) Regulations (Northern Ireland) 2017 and shall come into operation on 31st July 2017.

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations

2.  In regulation 4 of the Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014(5) (exemption of domestic bus and coach passenger regular services from the provisions of the Community Regulation)—

(a)in paragraph (1) for “initial exemption period” substitute “exemption period”; and

(b)in paragraph (3)—

(i)after the definition of “domestic bus and coach passenger regular service” insert—

“exemption period” means the period which commences on the date these Regulations come into operation and ends at midnight on 28th February 2021.; and

(ii)omit the definition of “initial exemption period”.

Sealed with the Official Seal of the Department for Infrastructure on 30th June 2017

Legal seal

Elizabeth Loughran

A senior officer of the

Department for Infrastructure

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014 (“the 2014 Regulations”). The 2014 Regulations gave effect to Articles 2(4), (5) and 16(2) of Regulation (EU) No.181/2011 (OJ L 55, 28.2.2011, P1-12) of the European Parliament and of the Council of 16th February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No.2006/2004 (OJ L 55, 28.2.2011, P1-12) (“Regulation 181/2011”). Regulation 181/2011 is directly applicable in Member States.

Regulation 2 amends regulation 4 of the 2014 Regulations to extend the exemption of domestic regular services from the application of specified aspects of that Regulation for a further period of 4 years permitted by Article 2(4) of Regulation 181/2011. The exemption will end at midnight on 28th February 2021.

An Explanatory Memorandum has been produced and is available from Transport Strategy Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr

(1)

Formerly the Department for Regional Development: see section 1(6) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment was dissolved

(2)

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7)

(3)

S.I. 1996/266; to which there are amendments not relevant to these Regulations