THE RAILWAYS (SAFETY MANAGEMENT) REGULATIONS (NORTHERN IRELAND) 2006

General provisions relating to safety certificates and safety authorisations

15.—(1) A railway operator may make one application for an operation in relation to which he requires both a safety certificate and a safety authorisation or an amended safety certificate and an amended safety authorisation but—

(a) such application shall be split into separate parts relating to the safety authorisation and the safety certificate; and

(b) these Regulations shall apply to those parts as if they were an application for a safety authorisation and a safety certificate or an amended safety authorisation and an amended safety certificate,

except that where the same information is required it need not be stated twice.

(2) Where—

(a) an applicant sends—

(i) an application for a safety certificate or authorisation, an amended safety certificate or safety authorisation; or

(ii) further information to the Department pursuant to paragraph (4); or

(b) the holder of a safety certificate or a safety authorisation sends a notice pursuant to regulation 11,

then he shall at the same time either copy it to any affected party or notify any affected party without delay that the application or further information has been sent and of the address of the website where those documents may be accessed and how they may be accessed and, in either case, shall notify such a party, where the document in question is an application, of the time for making representations to the Department pursuant to paragraph (5).

(3) Where the Department issues a—

(a) safety certificate or safety authorisation;

(b) notice amending a safety certificate or safety authorisation;

(c) notice refusing an application for a safety certificate or a safety authorisation or an amended safety certificate or safety authorisation;

(d) direction to apply for an amended safety certificate or safety authorisation;

(e) notice that it is considering revoking a safety certificate or a safety authorisation; or

(f) notice revoking a safety certificate or safety authorisation,

then the Department shall at the same time either copy it and the reasons given for the Department’s decision to any affected party or notify any affected party that the relevant document has been issued and of the address of the website where those documents and the reasons given for the decision may be accessed and how they may be accessed and, in either case, shall notify such a party, where the document in question is a notice that it is considering revocation, as mentioned in sub-paragraph (e), of the time for making representations to the Department pursuant to paragraph (5).

(4) The Department may upon receipt of—

(a) an application for a safety certificate or safety authorisation;

(b) an application for an amended safety certificate or safety authorisation;

(c) any further information requested under this paragraph,

request as soon as reasonably possible such further information as it may reasonably require and the applicant shall provide such information as soon as reasonably possible.

(5) Where an affected party receives a copy of an application or a notice relating to revocation pursuant to paragraph (2)(a) or (3)(e) then—

(a) he may make any representations in writing to the Department which are relevant to the application or notice, within 28 days of the date of issue of the application or notice in question; and

(b) the Department shall consider any such representations in making its decision.

(6) The period of 4 months for the Department to make a decision referred to in regulations 5(3), 6(4), 8(2) and 9(3) shall not start to run—

(a) until the expiry of the 28 day period referred to in paragraph (5); or

(b) until the date of receipt of the last information requested pursuant to paragraph (4);

whichever is the later and in any event shall not start to run until 31 October 2006.

(7) An employer who makes an application for a safety certificate or safety authorisation, an amended safety certificate or safety authorisation or sends a notice to the Department under regulation 11 shall, in relation to its preparation, consult—

(a) safety representatives within the meaning of regulation 2(1) of the Safety Representatives and Safety Committees Regulations (Northern Ireland) 1979(1); and

(b) such other employees as he is required to consult by virtue of regulation 3 of the Health and Safety (Consultation with Employees) Regulations (Northern Ireland) 1996(2).

(8) In this regulation, “affected party” means for a document sent or issued in relation to—

(a) a safety certificate or an application for a safety certificate—

(i) any infrastructure manager; and

(ii) a trade union which is a recognised trade union within the meaning of regulation 2(1) of the Safety Representatives and Safety Committees Regulations (Northern Ireland) 1979) in relation to employees of the operator or applicant employed in relation to the operation in question;

(b) a safety authorisation or an application for a safety authorisation—

(i) any railway operator who is or will be operating on the infrastructure of the applicant or infrastructure manager in question;

(ii) any infrastructure manager who manages infrastructure which interfaces or will interface with the infrastructure of the infrastructure manager in question; and

(iii) any person falling within paragraph (8)(a)(ii) or (iii).

(1)

S.R.1979 No 437

(2)

S.R. 1996 No.511