Regulation 33
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 6 para. 1 revoked (1.10.2013) by The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (S.I. 2013/1471), regs. 1(2), 18(1), Sch. 4 (with regs. 18(3), 19)
2.—(1) The Railway Safety (Miscellaneous Provisions) Regulations 1997 M1 shall be amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “factory” insert— “ “guided bus system” and “guided transport” have the meanings assigned to them by regulation 2(1) of the Railways and Other Guided Transport Systems (Safety) Regulations 2006; ”;
(b)omit the definition of “ prescribed system of guided transport ”;
(c)for the definition of “tramway” substitute—
““tramway” has the meaning assigned to it by regulation 2(1) of the Railways and Other Guided Transport Systems (Safety) Regulations 2006;”; and
(d)in the definition of “transport system” for the words before sub-paragraph (a) substitute—
““transport system” means a railway, a tramway, a trolley vehicle system or any other system using guided transport except that it does not include a guided bus system or any part of any of those systems which—;”; and
(e)after the definition of “transport system” insert—
““trolley vehicle system” has the meaning assigned to it by regulation 2(1) of Railways and Other Guided Transport Systems (Safety) Regulations 2006;”.
Marginal Citations
M1S.I. 1997/553, as amended by S.I. 1999/2024.
3.—(1) The Railway Safety Regulations 1999 M2 shall be amended as follows.
(2) In regulation 2 (interpretation)—
(a)in paragraph (1)—
(i)for the definition of “infrastructure controller” substitute—
““infrastructure controller” means a person who controls railway infrastructure;”;
(ii)after the definition of “railway” insert—
““railway infrastructure” means fixed assets used for the operation of a railway including its permanent way and plant used for signalling or exclusively for supplying electricity for operational purposes to the railway, but it does not include a station;”;
(iii)after the definition of “speed restriction” insert—
““station” means a railway passenger station or terminal, but does not include any permanent way or plant used for signalling or exclusively for supplying electricity for operational purposes to the railway;”; and
(b)after paragraph (4) add—
“(4A) Any reference in these Regulations to a person who controls railway infrastructure is a reference to a person who—
(a)in the course of a business or other undertaking carried on by him (whether for profit or not);
(b)is in operational control of that infrastructure,
except that where such control is for the time being exercised by a person undertaking maintenance, repair or alteration work on the infrastructure, it is a reference to a person who would be in operational control of the infrastructure if such work were not being undertaken.”.
(3) In paragraph 2 to the Schedule (meaning of railway), for the definition of “tramway” substitute—
““tramway” means a system of transport used wholly or mainly for the carriage of passengers—
(a)which employs parallel rails which—
(i)provide support and guidance for vehicles carried on flanged wheels; and
(ii)are laid wholly or partly along a road or in any other place to which the public has access (including a place to which the public only has access on making payment); and
(b)on any part of which the permitted speed is such as to enable the driver to stop a vehicle in the distance he can see to be clear ahead;”.
Marginal Citations
M2S.I. 1999/2244, as amended by S.I. 2000/2688 and 2001/3291.
4.—(1) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 M3 shall be amended as follows.
(2) In Schedule 4 (subordinate legislation specified for the purposes of section 241(3) (statutory functions) of the Enterprise Act 2002)–
[F2(a)at the end, add “Parts 2 and 3 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006.”;]
[F3(b)omit “Railways (Safety Case) Regulations 2000.”.]
Textual Amendments
F2Sch. 6 para. 4(2)(a) added (10.4.2006) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2006 (S.I. 2006/1057), regs. 1, 2(2)
F3Sch. 6 para. 4(2)(b) added (1.10.2006) by The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2006 (S.I. 2006/1057), regs. 1, 2(3)
Marginal Citations