4.—(1) Subject to paragraph (2), these Regulations apply in relation to the licensing of railway undertakings which provide train services and are established or to be established in an EEA State.
(2) These Regulations do not apply in relation to a railway undertaking whose activity is limited to any of the following—
(a)operating rail passenger services on local and regional stand-alone railway infrastructure;
(b)operating urban or suburban rail passenger services;
(c)the provision of regional rail freight services F1...;
(d)carrying out freight operations on privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations; or
(e)providing shuttle services for road vehicles through the Channel Tunnel.
[F2(3) For the purposes of paragraph (2)—
(a)“urban or suburban rail passenger services” means transport services whose principal purpose is to meet the passenger transport needs of an urban centre or conurbation, including a cross-border conurbation, together with transport needs between such a centre or conurbation and surrounding areas; and
(b)“regional rail freight services” means transport services whose principal purpose is to meet the rail freight transport needs of a region, including a cross-border region.]
Textual Amendments
F1Words in reg. 4(2)(c) omitted (29.7.2016) by virtue of The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 39(3)(a) (with reg. 4)
F2Reg. 4(3) inserted (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 39(3)(b) (with reg. 4)