4.—(1) A railway undertaking applying for a safety certificate in accordance with Part 2 of the Safety Regulations is entitled to fair and non-discriminatory access to training services for train drivers and staff accompanying the trains, whenever such training is necessary for the fulfilment of requirements to obtain that safety certificate.
(2) The services offered under paragraph (1) must include training on—
(a)necessary route knowledge;
(b)operating rules and procedures;
(c)the signalling and control command system; and
(d)emergency procedures,
in respect of the routes operated.
(3) An infrastructure manager is, and those of his staff performing safety critical tasks are, entitled to fair and non-discriminatory access to training services.
(4) If the training services to which access is granted under this regulation are available only through the services of one single railway undertaking or infrastructure manager, that railway undertaking or infrastructure manager must make those services available to other railway undertakings or, as the case may be, infrastructure managers, at a reasonable and non-discriminatory price, which is cost-related and may include a profit margin.
(5) For the purpose of ensuring that training, qualifications and experience acquired by a member of staff of a railway undertaking can be taken into account by another railway undertaking to whom application for employment as a train driver, on-board staff or staff performing safety critical tasks is made by that staff member, that staff member must be granted access to all documents attesting to his relevant training, qualifications and experience, and is entitled to have copies of such documentation.
(6) For the purposes of this regulation, the entitlement to access to training services includes the right of access to such facilities as form a part of those training services, including where such facilities do not form part of a railway system.