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The Railway (Licensing of Railway Undertakings) Regulations 2005
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- UK Statutory Instruments
- 2005 No. 3050
- PART 2
- Regulation 5
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Prohibition of unlicensed provision of servicesE+W+S
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5.—(1) [F1Subject to paragraph (1A),] where a person is a railway undertaking to which these Regulations apply, that person shall not provide a train service in Great Britain unless he is authorised to do so by a [F2railway undertaking] licence which is appropriate for that train service, and any person who provides such a service without such a licence shall be guilty of an offence.
[F3(1A) A person that is a railway undertaking to which these Regulations apply may provide a Channel Tunnel service if the person holds a European licence that would be appropriate for that service if the United Kingdom were an EEA state.]
(2) Any person who is guilty of an offence under this regulation shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(3) No proceedings shall be instituted in England and Wales in respect of an offence under this regulation except by or on behalf of the ORR.
F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 5(1) inserted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 5(a)
F2Words in reg. 5(1) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 7(a) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 5(1A) inserted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 5(b)
F4Reg. 5(4) omitted (31.12.2020) by virtue of The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 7(b) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)
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