The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019

The Railways Act 1993 E+W+S

22.—(1) The Railways Act 1993(1) is amended as follows.

(2) In section 6 (prohibition on unauthorised operators of railway assets)—

(a) in subsection (1A), for “European” substitute “railway undertaking”;

(b) in subsection (2)—

(i) omit the definition of “European licence”;

(ii) at the appropriate place insert—

““railway undertaking licence” means a licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005;”;

(c) omit subsection (2A).

(3) In section 59(6)(a)(i) (meaning and effect of railway administration order), for “European” substitute “railway undertaking”.

(4) In section 72(2)(a) (keeping of register by the Office of Rail and Road), for “European”, in each place it occurs, substitute “railway undertaking”.

(5) In section 80(1A) (duty to furnish information on request)—

(a) for “European licences” substitute “railway undertaking licences”;

(b) for the words from “any instrument made” to the end of paragraph (b) substitute “the Railway (Licensing of Railway Undertakings) Regulations 2005”.

(6) In section 83(1) (interpretation)—

(a) omit the definition of “European licence”;

(b) at the appropriate place, insert–

““railway undertaking licence” has the meaning given by section 6(2);”.

(7) In section 145(2) (general restrictions on the disclosure of information), for paragraph (ga) substitute—

“(ga) for the purpose of facilitating the carrying out by the Office of Rail and Road of any of its functions under—

(i) the Railway (Licensing of Railway Undertakings) Regulations 2005, or

(ii) the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016(2);”.

(8) In Schedule 7 (transfer of relevant activities in connection with railway administration orders)—

(a) in paragraph 1(2), in the definition of “other appointee”, for “European” substitute “railway undertaking”;

(b) in paragraph 4(3), for “European” substitute “railway undertaking”.

Commencement Information

I1 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

(1)

1993 c. 43; Section 6(1A) and (2A) were inserted by S.I. 1998/1340 and subsequently amended by S.I. 2005/3050, sub-section(2) was amended by S.I. 2005/3050 and 2016/645; section 59(6) was amended by S.I. 2005/3050; section 72(2)(a) was amended by S.I. 2005/3050; section 80(1A) was inserted by S.I. 2005/3050 and amended by S.I. 2015/1682 and 2016/645; section 83(1) was inserted by S.I. 2005/3050; section 145(2)(ga) was inserted by S.I. 2005/3050 and subsequently amended by S.I. 2015/1682 and 2016/645; Schedule 7 was amended by S.I. 2005/3050. There are other amending instruments but none is relevant.

(2)

S.I. 2016/645.