The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) (Amendment) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the allocation of responsibility for the enforcement of health and safety law in respect of railways, tramways and other guided transport systems between the Office of Rail Regulation (“ORR”) and the Health and Safety Executive (“HSE”) by amending the Health and Safety (Enforcing Authority for Railways and other Guided Transport Systems) Regulations 2006 (“the 2006 Regulations”).

Regulation 3(2) of the 2006 Regulations defines the scope of enforcement authority conferred on ORR subject to the exceptions and limitations in regulations 4 and 5 of those Regulations.

The changes effected by regulation 3 of these Regulations are —

(a) and “harbour area” as defined in the Dangerous Substances in Harbour Areas Regulations 1987 (S.I.1987/37) so as to align these Regulations with the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (2006/599); and

(b) to insert new definitions of “bus substitution service”, “contractor” and “miniature railway” into regulation 2(1) of the 2006 Regulations.

Regulation 4 of these Regulations makes changes to regulation 4 of the 2006 Regulations. The principal change is to add to the exceptions in regulation 4(1) of the 2006 Regulations—

(a) any miniature railway (as defined by these Regulations) which does not cross a carriageway (whether or not on the same level), and

(b) any bus substitution service when outside operational premises. Responsibility for enforcement in respect of these will thus fall to HSE.

Regulation 4 of these Regulations also makes changes to regulation 4(3) of the 2006 Regulations to make ORR responsible for enforcement in respect of a railway, tramway or other system of guided transport operated within a harbour or harbour area for the carriage of the public which is not connected to any other railway.

Regulation 5 of these Regulations substitutes a new version of regulation 5 of the 2006 Regulations (which extends the meaning of operation in regulation 3(2) of the 2006 Regulations to include the carrying out of certain construction work). The principal changes made are—

(c) to include in the enforcement responsibility of ORR construction work for the extension or enlargement of infrastructure if the work is in such close proximity to the operation of a railway, tramway or other system of transport as to create a risk to the health, safety or welfare of those engaged in the work; and

(d) to exclude from the enforcement responsibility of ORR construction work for the development or maintenance of a fixed asset other than infrastructure-

(i) on operational premises out of service aside from the through operation of vehicles through those premises (and the exceptional alighting of a person or persons) if the work is segregated physically from the infrastructure and satisfies specified conditions for the security of the operational premises; or

(ii) on operational premises in service if the construction work in addition to those mentioned in (i) further satisfies requirements as to access to the segregated premises.

Because these Regulations alter the allocation of enforcement responsibility between ORR and HSE regulation 6 of these Regulations makes transitional provisions, which mirror those made by the 2006 Regulations.

As the regulations do not create costs or savings to businesses, the public sector or the third sector, an impact assessment has not been prepared.