The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006

Amendments to the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994

2.—(1) The Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994(1) are amended as follows.

(2) For “Secretary of State”, wherever occurring, substitute “relevant authority”.

(3) In regulation 2(a) ( interpretation)—

(a) after the definition of “prescribed system of guided transport” insert—

““relevant authority” means—

(a)

the Office of Rail Regulation where it is made responsible for the enforcement of the relevant statutory provisions in relation to the operation of a relevant transport system by regulation 3(1) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006; and

(b)

the Health and Safety Executive in any other case;”;

(b) after the definition of “relevant operational limitation” insert—

““the relevant statutory provisions” has the same meaning as in section 53 of the Health and Safety at Work etc. Act 1974;”; and

(c) in the definition of “relevant transport system”, omit “, a trolley vehicle system”.

(4) In regulation 4(2)(b) (requirement for approval), omit “or because it is a vehicle operating on a trolley vehicle system,”.

(5) In regulation 5 (procedure for obtaining approval)—

(a) in paragraph (3) for each reference to “he” or “him” substitute “it”; and

(b) in paragraph (4) for “he” substitute “it” and for “himself” substitute “itself”.

(6) In regulation 6(4) (type approval of plant and equipment), for “he” substitute “it”.

(7) In sub-paragraphs (1)(b) and (2)(b) of regulation 10 (dispensations), for each reference to “he” substitute “it”.

(8) In sub-paragraphs (1)(b) and (2)(b) of regulation 11 (compliance with provisions not otherwise applicable), for each reference to “he” substitute “it”.

(9) In Schedule 1 ( prescribed modes of guided transport)—

(a) in Part I (The Modes), omit modes numbered 3 to 5; and

(b) in paragraph 1 of Part II (interpretation), omit the definitions of “road-based with cable guidance”, “road-based with rail guidance” and “road-based with side guidance”.

(1)

S.I. 1994/157, to which there are amendments not relevant to these Regulations. Regulation 10(1) of the Railway Safety (Miscellaneous Provisions) Regulations 1997, S.I. 1997/553, provided that any reference in the 1994 regulations to the “Secretary of State” was to have effect as if it were a reference to the “Health and Safety Executive”. Paragraph 5 of this Schedule revokes regulation 10(1).