I2C2C3Part I The Provision of Railway Services

Annotations:
Commencement Information
I2

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

Modifications etc. (not altering text)
C2

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C3

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Licensing of operators of railway assets

I16 Prohibition on unauthorised operators of railway assets.

C11

Any person who acts as the operator of a railway asset is guilty of an offence unless—

a

he is authorised to be the operator of that railway asset by a licence; or

b

he is exempt, by virtue of section 7 below, from the requirement to be so authorised.

F11A

This section does not apply to a person who acts as the operator of a railway asset to the extent that the asset is operated for the purpose of providing F2services for which a European licence is required

2

In this Part—

  • F3 “European licence” means a licence granted pursuant to a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council, or pursuant to any action taken by an EEA State for that purpose;

  • F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “operator”, in relation to any railway asset, means the person having the management of that railway asset for the time being;

  • “railway asset” means—

    1. a

      any train being used on a network, whether for the purpose of carrying passengers or goods by railway or for any other purpose whatsoever;

    2. b

      any network;

    3. c

      any station; or

    4. d

      any light maintenance depot.

F52A

In subsection (2) above, “EEA State” means a member State, Norway, Iceland or Liechtenstein.

3

Any person who is guilty of an offence under this section shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

4

No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Secretary of State or F6the Office of Rail Regulation .