PART 2Subsystems

Transitional conventional TEN projects and renewal projects on the high-speed rail system15.

(1)

This regulation applies to—

(a)

any project for the construction, upgrading or renewal of conventional rolling stock or any other subsystem of the conventional TEN rail system; and

(b)

any project for the renewal of high-speed rolling stock or any other subsystem of the high-speed rail system,

which, on 2nd April 2006, has reached the design stage.

(2)

Where the contracting entity is required to appoint a notified body under regulation 8(1), the appointment may be made by 1st July 2006, notwithstanding that the design stage has been completed or the manufacture stage has commenced by that date.

(3)

Notwithstanding anything in regulation 9, the notified body—

(a)

shall have regard to any documentation or evidence provided by the contracting entity on the assessment of work on the structural subsystem carried out before the notified body’s appointment;

(b)

shall, so far as reasonably practicable, treat the assessment of work on the structural subsystem carried out before its appointment as the notified body’s work under the verification assessment procedure;

(c)

shall not require any assessment work carried out before the notified body was appointed to be duplicated unless it would be unreasonable not to do so.