The Railways (Interoperability) (High-Speed) Regulations 2002

Structural subsystems: authorisation

14.—(1) No person shall place into service a structural subsystem that he has constructed or upgraded unless the supervisory authority has given an authorisation for its placing into service (but see regulation 17).

(2) A request for an authorisation under paragraph (1) shall be made in writing and be accompanied by, in relation to the structural subsystem in question—

(a) the certificate of conformity;

(b) the technical file; and

(c) the verification declaration.

(3) The supervisory authority shall not give an authorisation for the placing into service of a structural subsystem unless it is satisfied in relation to that structural subsystem that—

(a) the verification declaration has been drawn up in accordance with Schedule 5;

(b) the technical file is complete; and

(c) it has been designed, constructed and installed in such a way so as not to hinder satisfaction of the essential requirements when it is placed into service as part of the rail network schemes.

(4) The supervisory authority shall not refuse to give an authorisation for placing into service of a structural subsystem if the structural subsystem—

(a) satisfies the conditions set out in paragraph (3)(a) and (b); and

(b) meets the essential requirements relating to it.

(5) After receiving a request for authorisation under paragraph (2), the supervisory authority may require a contracting entity to carry out any additional checks which it considers to be necessary in relation to a structural subsystem if that subsystem appears to the supervisory authority not to meet the requirements of regulation 13(4) and (7) and in particular the essential requirements.

(6) After receiving a request for authorisation under paragraph (2) the supervisory authority shall—

(a) authorise the placing into service of the structural subsystem;

(b) inform the contracting entity that additional checks will be required pursuant to paragraph (5) before the request can be considered further; or

(c) refuse the request for authorisation.

(7) Subject to paragraph (8) where a contracting entity—

(a) contracts with another person for the construction of; or

(b) is himself constructing,

a number of items of high-speed rolling stock, to the same standards and specifications, he shall only be required to obtain authorisation pursuant to this regulation in respect of the first of those items placed into service that has been constructed to those standards and specifications.

(8) For the purposes of paragraph (7) the items of high-speed rolling stock to be taken into account shall include only items that are the subject of the same contract or the same project; and for these purposes a contract shall be taken to include an option to purchase further items of high-speed rolling stock to the same standards and specifications provided that the option—

(a) was agreed at the time the contract was made; and

(b) is exercised by the contracting entity within five years of the time that the contract was made; except that where an item of high-speed rolling stock constructed under that contract is authorised pursuant to regulation 14 within four years from that time, the option must be exercised within 12 months of the date of that authorisation.