PART 1U.K.INTRODUCTION

[F1Determination of exclusion from the mainline railwayU.K.

2A.(1) A railway or part of a railway does not form part of the mainline railway if the [F2Office of Rail and Road] determines that it falls within one or more of these categories—

(a)metros and other light rail systems;

(b)networks that are functionally separate from the rest of the mainline railway and intended only for the operation of local, urban or suburban passenger services, as well as transport undertakings operating solely on these networks;

(c)heritage, museum or tourist railways that operate on their own networks;

(2) The [F2Office of Rail and Road] may determine that a heritage vehicle which operates on the mainline railway and complies with national safety rules is deemed not to operate on the mainline railway for the purposes of these Regulations.

(3) The [F2Office of Rail and Road] may revoke or vary a determination under paragraph (1) or (2).

(4) A person may make an application to the [F2Office of Rail and Road] for a determination under paragraph (1) or (2) or for such a determination to be revoked or varied under paragraph (3) and the [F2Office of Rail and Road] shall consider any such application.

(5) The [F2Office of Rail and Road] shall maintain and publish a list of—

(a)railways or parts of railways that do not form part of the mainline railway; and

(b)heritage vehicles which operate on both the mainline railway and heritage railway and are deemed not to operate on the mainline railway,

by virtue of determinations made under paragraph (1) or (2).]