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13.—(1) No railway undertaking or international grouping may exercise access or transit rights contained in an agreement with an infrastructure manager concluded pursuant to regulation 11 or 12 unless the undertaking or grouping has produced to the infrastructure manager a safety certificate.
(2) For the purposes of paragraph (1) a safety certificate is any document issued by the Health and Safety Executive confirming that—
(a)(i)the railway undertaking or international grouping has prepared a safety case under regulation 4 of the Railways (Safety Case) Regulations 1994(1) in respect of the operation of trains under the agreement;
(ii)the safety case has been accepted by the relevant infrastructure controller (as defined in the said regulation 4); and
(iii)the Health and Safety Executive is satisfied with the safety case; or
(b)the railway undertaking or international grouping is exempt from the said regulation 4 when it operates trains under the agreement.
S.I. 1994/237.
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