9.—(1) [F1Subject to paragraph (4A), where] a person is a railway undertaking to which these Regulations apply, that person may not provide train services in Great Britain unless (in addition to being authorised by a [F2railway undertaking] licence) he holds a valid statement of national regulatory provisions (“SNRP”).
(2) Any person who provides such services without holding such a statement shall be guilty of an offence.
(3) Any person who is guilty of an offence under this regulation shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum, or
(b)on conviction on indictment, to a fine.
(4) No proceedings shall be instituted in England or Wales in respect of an offence under this regulation except by or on behalf of the ORR.
[F3(4A) Paragraphs (1) to (4) do not apply where that person—
(a)holds a European licence but not a railway undertaking licence; and
(b)provides a Channel Tunnel service.]
F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 9(1) substituted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 7(2)
F2Words in reg. 9(1) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 11(a) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 9(4A) inserted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 7(3)
F4Reg. 9(5) omitted (31.12.2020) by virtue of The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 11(b) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)