1905 5 Edw 7 c.11; the definition of “railway company” was inserted by the 1993 Act, Schedule12, paragraph 2(2).
1986 c. 45; Schedule 2A was inserted by the Enterprise Act 2002 (c. 40) section 250(2), Schedule 18; and paragraph 10(2A) of Schedule 2A was inserted by the Communications Act 2003 (c. 21), Schedule 17, paragraph 82.
Section 6(1A) and (2A) was inserted, and section 6(2) was amended, by regulation 21 of the Railways Regulations 1998 (S.I. 1998/1340). Sections 59(6) of the 1993 Act were amended by the Railways Act 2005 (c. 14), section 49(1) and Schedule 13, Part 1. Section 72(2) was amended by the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, Part 1, paragraphs 1 and 3; and the Transport Act 2000 (c. 38), Schedule 17, Part 1, paragraphs 1 and 15, and Schedule 27, paragraphs 17 and 36. Section 80 was amended by the Transport Act 2000, Schedule 27, paragraphs 17 and 38, and Schedule 31, Part 4; and the Railways Act 2005, Schedule 1, paragraph 33.
S.I. 1992/666; the relevant amending instrument is S.I. 1994/2351.
O.J. L 143, 27.6.1995, p. 70.
O.J. L 75, 15.3.2001, p. 26.
O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.
O.J. L 143, 27.6.1995, p. 70.
O.J. L 75, 15.3.2001, p. 26.
O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.
O.J. L 143, 27.6.1995, p. 70.
O.J. L 75, 15.3.2001, p. 26.
O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.
O.J. L 143, 27.6.1995, p. 70.
O.J. L 75, 15.3.2001, p. 26.
O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.
O.J. L 143, 27.6.1995, p. 70.
O.J. L 75, 15.3.2001, p. 26.
O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.
S.I. 2005/422 (W 40).
O.J. L 143, 27.6.1995, p. 70.
O.J. L 75, 15.3.2001, p. 26.
O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.
O.J. L 143, 27.6.1995, p. 70.
O.J. L 75, 15.3.2001, p. 26.
O.J. L 164, 30.4.2004, p. 44, to which there has been a corrigendum which is not relevant to these Regulations.
1993 c. 43;
Section 68 was amended by the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, Part 1, paragraphs 1 and 3; the Transport Act 2000, section 234, Schedule 22, Part 1, paragraphs 1 and 7, and Schedule 31, Part 4; and the Railways Act 2005, Schedule 13.
Section 72(2) was amended by the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, Part 1, paragraphs 1 and 3; and the Transport Act 2000 (c. 38), Schedule 17, Part 1, paragraphs 1 and 15, and Schedule 27, paragraphs 17 and 36.
2002 c. 40; section 168 was amended by the Railways Act 2005 (c. 14), Schedule 13.
Section 22C(1) was inserted by the Transport Act 2000 (c. 38), section 232(2), and amended by the Railways and Transport Safety Act 2003 (c. 20), Schedule 2, Part 1, paragraphs 1 and 3.
S.I. 1998/1340, to which there are amendments not relevant to these Regulations.
Words in Sch. 2 para. 4(1) substituted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 27 (with Sch. 2 para. 18)
Sch. 2 para. 2(aa) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 3 para. 46 (with art. 7)
Word in Sch. 2 para. 2(a) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 13
Sch. 2 para. 7(f) and word inserted (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 39(11)(b) (with reg. 4)
Word in Sch. 2 para. 7(d) 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(11)(a) (with reg. 4)
Words in Sch. 2 para. 8 substituted (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 39(11)(c) (with reg. 4)
Sch. 2 para. 11(1A) inserted (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 39(11)(d) (with reg. 4)
Words in Sch. 2 heading substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 18(a) (with
Words in Sch. 2 para. 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), 18(b) (with
Words in Sch. 2 para. 6 substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 18(b) (with
Words in Sch. 2 para. 11(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), 18(b) (with
Words in Sch. 4 para. 2 substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 19(2) (with
Sch. 4 para. 3 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), 19(3) (with
Words in Sch. 4 para. 5 substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 19(4) (with
Sch. 4 para. 6 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), 19(5) (with
Sch. 4 para. 8 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), 19(5) (with
Regulation 3
In section 4 of the Railway Fires Act 1905
after the definition of “agricultural crops”, insert—
The expression “
in the definition of “railway company”, at the end of paragraph (b) add—
or who holds a European 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;
In Schedule 2A to the Insolvency Act 1986
at the end of paragraph 10(1)(l), omit “or”;
at the end of paragraph 10(1)(m), add—
or in reliance on a European 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.
after paragraph 10(2A), add—
In sub-paragraph (1)(n), an “
The 1993 Act
In section 6 (prohibition on unauthorised operators of railway assets), in subsection (1A) for “international services” substitute
In subsection (2) of that section—
for the definition of “international licence” substitute—
“
omit the definition of “international services”.
For subsection (2A) of that section, substitute—
In subsection (2) above, “
In section 59 (railway administration orders), in subsection (6), after “passenger licence” in both places insert
In section 72 (keeping of the register by the ORR), in subsection (2)–
in paragraph (a), after “in relation to licences”, insert
in paragraph (a)(i), for “and every licence exemption”, substitute
in paragraph (a)(iii), for “and every” substitute
at the end of paragraph (a)(v), add
at the end of paragraph (a), after “surrender of a licence” add
In section 80 (duty to furnish information on request)—
after subsection (1), insert—
Holders of European licences shall be under a duty to furnish to the Office of Rail Regulation in such form and manner as it may by notice request such information as it may so request, being information which the Office of Rail Regulation considers necessary for the purpose of facilitating the performance of any of its functions under any instrument made for the purpose of implementing Council Directive 95/18/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.
in subsection (2), after “subsection (1)” insert
in subsection (3), for “If any such request” substitute
after subsection (3), add—
If a request under subsection (1A) above is not complied with, the Office of Rail Regulation may serve a notice under subsection (4) below on the person from whom the information was requested under subsection (1A) above.
at the end of subsection (4), add—
in subsection (8), after “Regulation”, insert
In section 83 (interpretation), in subsection (1)—
before the definition of “exempt facility”, insert—
“
omit the definition of “international licence”.
In section 145 (general restrictions on disclosure of information), before subsection (2)(h), insert—
for the purpose of facilitating the carrying out by the Office of Rail Regulation of any of its functions under any instrument made for the purpose of implementing Council Directive 95/18/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;
In Schedule 7 (transfer of relevant activities in connection with railway administration orders)—
in paragraph 1(2), in the definition of “other appointee”, after “section 8 of this Act” insert
after paragraph 4(2), add—
Sub-paragraphs (1) and (2) have effect in relation to a European licence as they have effect in relation to a licence.
In Schedule 1 to the Civil Contingencies Act 2004
for paragraph 24, substitute—
A person who provides services in connection with railways in Great Britain and who holds a European 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 any action taken by an EEA State for that purpose. In this paragraph, “
for paragraph 35, substitute—
A person who provides services in connection with railways, in so far as such services are provided in Scotland, and who holds a European 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 any action taken by an EEA State for that purpose. In this paragraph, “
In section 46 of the Railways Act 2005
at the end of subsection (7)(a), omit “or”; and
at the end of subsection (7)(b), add—
or authorised to provide train services by a European licence.
In section 59 of that Act (consequential amendments, transitional provisions and repeals), after subsection (5) add—
Subsections (2) to (5) have effect in relation to a European licence and a holder of a European licence as they have effect in relation to a licence and a licence holder respectively.
In the Town and Country Planning (Control of Advertising) Regulations 1992
After the definition of “discontinuance notice”, insert—
“
In the definition of “statutory undertaker”, after “Railways Act 1993,” insert
The Railways (Amendment) Regulations 1998
In the London Underground (East London Line Extension)
(No. 2) Order 2001
In paragraph 1(2)—
after the definition of “designated lands”, insert—
“
in the definition of “train operator”, at the end add
In the Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002
In paragraph 13(6)—
before the definition of “the relevant costs”, insert—
“
in the definition of “train operator”, at the end add
In the Docklands Light Railway (Woolwich Arsenal Extension) Order 2004
In paragraph 15(6)—
before the definition of “the relevant costs”, insert—
“
in the definition of “train operator”, at the end add
In the British Transport Police (Police Services Agreement) Order 2004
At the end of paragraph (1)(b), add
At the end of paragraph (3), insert—
; and “
In the Central Rating List (Wales) Regulations 2005
In paragraph (3)—
before the definition of “excepted hereditament”, insert—
“
in the definition of “licence exempt operator” and “licence holder”, after “Railways Act 1993” insert
except that
licence holder
also includes a holder of a European licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005
In the Central Rating List (England) Regulations 2005
In paragraph (4)—
before the definition of “excepted hereditament”, insert—
“
in the definition of “licence exempt operator” and “licence holder”, after “Railways Act 1993” insert
Regulation 6(14)
In determining whether a railway undertaking is of good repute, the ORR shall have regard to all relevant evidence, including any information in its possession as to the previous conduct of any appropriate officer of the undertaking if that conduct appears to it to relate to the undertaking's fitness to hold a
Without prejudice to the generality of its powers under paragraph 1, the ORR shall not determine that a railway undertaking is of good repute if—
an order has been made by the court for the winding up of the undertaking or the sequestration of its estate under insolvency legislation or any appropriate officer of the undertaking for the time being has been
any appropriate officer of the undertaking has a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986);
the undertaking or any appropriate officer of the undertaking has been convicted of a serious offence, including in particular an offence contrary to the law relating to commercial transactions, or the law relating to transport; or
the undertaking or any appropriate officer of the undertaking has been convicted of a serious offence which is contrary to either of the following laws, or has been convicted repeatedly of offences which are contrary to either of those laws—
social or labour law (including legislation relating to occupational health and safety); or
in the case of an undertaking seeking to operate cross-border goods transport subject to customs procedures, customs law.
For the purposes of paragraph 2, a person has been convicted of a serious offence if that offence was committed under the law of any part of the United Kingdom or under the law of a country or territory outside the United Kingdom and if on conviction there was imposed on him for that offence a sentence of imprisonment for a term exceeding three months.
In sub-paragraph (1), the reference to a sentence of imprisonment includes a reference to any form of custodial sentence or order, other than one imposed under the enactments relating to mental health.
Any reference in paragraph 3 to an offence under the law of any part of the United Kingdom includes a reference to
For the purposes of paragraphs 1 to 3–
convictions which are spent for the purposes of the Rehabilitation of Offenders Act 1974
the ORR may also disregard an offence if such time as it thinks proper has elapsed since the date of the conviction.
In paragraphs 1 and 2 the reference to any appropriate officer of the undertaking is to any director, manager, secretary or similar officer of the undertaking, any other person in charge of the management of the undertaking, or any other person purporting to act in any such capacity.
Subject to paragraph 8 an applicant for a
For the purpose of demonstrating its financial fitness a railway undertaking shall make available to the ORR the undertaking's annual accounts, or if the undertaking is not able to provide annual accounts then the undertaking's balance sheet, together with details of the following matters (in so far as these cannot be ascertained from the annual accounts or, as the case may be, the balance sheet)—
the railway undertaking's available funds, including the bank balance, pledged overdraft provisions and loans;
the railway undertaking's funds and assets available as security;
the railway undertaking's working capital;
relevant costs, including the railway undertaking's purchase costs of payments to account for vehicles, land, buildings, installations and rolling stock;
charges on the railway undertaking's assets
taxes and social security payments.
The ORR shall not find the railway undertaking to be financially fit if the railway undertaking has
Without prejudice to regulation 6(6), the ORR may request that the railway undertaking provide to it audit reports or other suitable documents as the ORR considers necessary in relation to the matters listed in paragraph 7(a) to (e) which have been prepared by a body other than the railway undertaking such as a bank, building society, accountant or auditor.
For the purposes of these Regulations the requirement of professional competence are satisfied by a railway undertaking when the undertaking has or will have a management organisation which possesses the knowledge or experience (or both) necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence.
An applicant for a
In determining whether adequate insurance cover is maintained, the ORR may take into account the specificities and risk-profile of different types of services, in particular of railway operations for cultural or heritage purposes.
In sub-paragraph (1), “
Insurance cover shall be considered to be “
Regulation 14
Subject to the following paragraphs of this Schedule, the following provisions have effect in relation to SNRPs and SNRP holders as they have effect in relation to licences and holders of licences and as if any reference to a licence or a holder of a licence included a reference to a SNRP or a SNRP holder respectively—
section 27 of the Insolvency Act 1986
sections 13 to 16 of the 1993 Act
sections 55 to 58 of the 1993 Act
section 68 of the 1993 Act
subsections (1), (2)(a)
(other than sub-paragraphs (ii), (iv) and (viii)),( 3), (4), (7), (8) and (11)
of section 72 of the 1993 Act
section 168 of the Enterprise Act 2002
subsections (2) to (5) of section 59 of the Railways Act 2005
paragraph 24(2) of Schedule 1 to that Act (non publication of statement of policy under section 57B of the 1993 Act).
Subsection (1B)(b) of section 27 of the Insolvency Act 1986 (protection of interests of creditors and members), as that section is applied by paragraph 10 of Part 1 of Schedule 6 to the 1993 Act, has effect as if the reference to a licence under Part 1 of the Railways Act 1993 included a reference to a SNRP issued pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005.
In section 13 of the 1993 Act (modification references to the Competition Commission), subsection (1)(a)(i) has effect as if the reference to a railway asset, or railway assets of a class or description, whose operator acts as such by virtue of a licence included a reference to a railway asset which is, or railway assets of a class or description which are, used for the provision of train services in respect of which a SNRP is held.
In section 15 of that Act (modification following report), subsection (1A) has effect as if the reference to section 15A of that Act included a reference to regulation 11 of the Railway (Licensing of Railway Undertakings) Regulations 2005.
In section 15B of that Act (making of modifications by Competition Commission), subsection (2) has effect as if at the end there were added
In section 55 of the 1993 Act (orders for securing compliance), subsection (5)(a) has effect as if the reference to section 4 of that Act included a reference to regulation 11 of the Railway (Licensing of Railway Undertakings) Regulations 2005.
In section 72 of the 1993 Act (keeping of register by the ORR), subsection (2)(a)(i) has effect as if the reference to every licence exemption were omitted.
In section 168 of the Enterprise Act 2002 (regulated markets)—
subsections (3)(h) and (4)(h) have effect as if the reference to a licence granted under section 8 of the Railways Act 1993 (c. 43) included a reference to a SNRP issued pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005; and
subsection (4)(h) has effect as if the reference to section 4 of that Act included a reference to regulation 11 of those Regulations.
In its application in relation to SNRPs or SNRP holders, subsection (1) of section 22C of the 1993 Act
Regulation 20
In this Schedule, “
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To the extent that the licence relates to the provision of services to which regulation 9 applies, the licence shall have effect on and after the relevant date and for the purposes of Part 3 of these Regulations as if—
it were a SNRP issued pursuant to these Regulations by the ORR;
any reference in the licence to “licence holder” or “licence” were to “SNRP holder” or “SNRP” respectively;
in Part I (Scope) of the licence—
any reference to section 8 of the Railways Act 1993 (as amended) (“
any reference to authorising the licence holder to be the operator of trains were omitted;
any reference to the licence being revoked in accordance with the provisions of the Schedule (Terms as to Revocation) to the licence or by notice were a reference to the SNRP being revoked in accordance with the provisions of Part IV of the ORR template headed “Passenger SNRP (Standard)” or Part IV of the ORR template headed “Freight SNRP (Standard)”, as appropriate;
for Parts II (Interpretation) and III (Conditions) of and the Schedule (Terms as to Revocation) to the licence, there were substituted Parts II, III and IV of the ORR template headed “Passenger SNRP (Standard)” or Parts II, III or IV of the ORR template headed “Freight SNRP (Standard)”, as appropriate; and
the provisions of regulations 10(3) and 11 to 19 applied in relation to the SNRP and the SNRP holder.
The ORR templates referred to in paragraph (1) are the templates with the appropriate headings published by the ORR on 25th October 2005.
Any approval or consent given before the relevant date, in relation to a condition in Part III of the licence shall have effect on and after the relevant date as if given in relation to any equivalent condition in the SNRP.
Where any act has been done before the relevant date in relation to a condition in Part III of the licence or in relation to a term in the Schedule to the licence, nothing in sub-paragraph (1) requires that act to be repeated.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The holder of the licence shall be deemed to have been granted a SNRP as at the relevant date, and accordingly to be a SNRP holder for the purposes of Part 3 of these Regulations.
In the case of a holder who provides train services for the transport of passengers, the SNRP shall be in the form of the template published by the ORR on 25th October 2005 and headed “Passenger SNRP (Eurostar)”.
In the case of a holder who provides train services other than for the transport of passengers, the SNRP shall be in the form of the template published by the ORR on 25th October 2005 and headed “Freight SNRP (EWSI)”.
The provisions of regulations 10(3) and 11 to 19 shall apply in relation to the SNRP and the SNRP holder.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraphs 10 to 14 apply in relation to any licence exemption granted under Part 1 of the Railways Act 1993 before the relevant date and which is still valid at that date.
To the extent that a person is exempted, by virtue of the Strategic Rail Authority (Licence Exemption) Order 2001
a European licence for the purposes of Part 2 of these Regulations; and
a SNRP for the purposes of Part 3 of these Regulations.
The European licence referred to in paragraph 10(a) shall be in the form of the template published by the ORR on 25th October 2005 and headed “European Passenger Licence (Standard)”.
The SNRP referred to in paragraph 10(b) shall be in the form of the template published by the ORR on 25th October 2005 and headed “Passenger SNRP (Standard)”.
Regulations 7 and 8 and 15 to 19 shall apply in relation to the European licence and the holder of that licence.
Regulations 10(3) and 11 to 19 shall apply in relation to the SNRP and the SNRP holder.