The Railways (Interoperability) Regulations 2011
PART 1Interpretation and Application
1Citation, commencement and extent
2Interpretation
3Application
3AAppointment and obligations of an authorised representative
PART 1ANational Technical Specification Notices and National Technical Rules
3BPublication of National Technical Specification Notices
3CPublication of a list of National Technical Rules
PART 2Subsystems
4Requirement for authorisation
5Application for authorisation
6Authorisation for a vehicle already authorised for an EU Member State
7Authorisation decision
8Determination of type
9Type authorisation
10Type authorisation: changes to applicable standards
11Revocation of authorisations
12List of projects for the renewal or upgrading of subsystems
13Authorisation requirements for the renewal or upgrading of subsystems
14Exemption from need to conform with NTSNs (exemptions)
14AApplication for exemptions
15Essential requirements for project subsystems
16Role of project entity
17Project subsystems: UK verification assessment procedure
18Project subsystems: UK declaration of verification
19Retention of documents
20Continuing duty on operator in relation to standards
21Fees payable to the Safety Authority
22Fees payable to the Competent Authority
PART 3Interoperability Constituents
23Prohibition on placing interoperability constituents on the market
24Assessment procedure for interoperability constituents
25 UK declaration of conformity or suitability for use
26Effect of declarations of conformity or suitability for use
27Duties on operators
28Recognition of assessments of other Member States
29Notification to the European Commission of incorrect declaration
PART 4Approved and Designated Bodies
30Approved bodies
31Appointment of approved bodies and designated bodies
32 Approved bodies and designated bodies: certificates etc.
33Fees of approved bodies and designated bodies
34Fees of the Secretary of State
34ARegister of approved bodies
34BUK national accreditation body
PART 5Registers
35Register of infrastructure
36National vehicle register
PART 6Appeals and Enforcement
37Appeals in Great Britain
38Appeals in Northern Ireland
39Enforcement in Great Britain
40Enforcement in Northern Ireland
41Notices relating to interoperability constituents not meeting the essential requirements
42Notice of improper drawing up of the EC or UK declaration of conformity or suitability for use for an interoperability constituent
43Defence of due diligence
PART 7Supplementary
44Deemed authorisation
45Accessibility for people with reduced mobility
46Dispensations
47Revocation and savings
47AFurther savings and transitional arrangements
48Amendments to legislation
49Review
SCHEDULE 1Amendments to legislation
1Section 182 of the Equality Act 2010 (rail vehicle accessibility...
2In regulation 2(1) of the Rail Vehicle Accessibility (Non-Interoperable Rail...
3The Railways and Other Guided Transport Systems (Safety) Regulations 2006...
SCHEDULE 2Essential Requirements
(This Schedule substantially reproduces Annex III to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
1General requirements
1.1Safety (1.1.1) The design, construction or assembly, maintenance and monitoring...
1.2Reliability and availability The monitoring and maintenance of fixed or...
1.3Health (1.3.1) Materials likely, by virtue of the way they...
1.4Environmental protection (1.4.1) The environmental impact of establishment and operation...
1.5Technical compatibility The technical characteristics of the infrastructure and fixed...
1.6Accessibility (1.6.1) The ‘infrastructure’ and ‘rolling stock’ subsystems must be...
2Requirements specific to each subsystem
2.1Infrastructure (2.1.1) Safety Appropriate steps must be taken to prevent...
2.2Energy (2.2.1) Safety Operation of the energy-supply systems must not...
2.3Control-command and signalling (2.3.1) Safety The control-command and signalling installations...
2.4Rolling stock (2.4.1) Safety The rolling-stock structures and those of...
2.5Maintenance (2.5.1) Health and safety The technical installations and the...
2.6Operation and traffic management (2.6.1) Safety Alignment of the network...
2.7Telematics applications for freight and passengers (2.7.1) Technical compatibility The...
SCHEDULE 3Subsystems
(This Schedule substantially reproduces Annex II to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
1List of subsystems
2Description of the subsystems
2.1Infrastructure The track, points, engineering structures (bridges, tunnels etc.), associated...
2.2Energy The electrification system, including overhead lines and the trackside...
2.3Trackside control-command and signalling All the trackside equipment required to...
2.4On-board control-command and signalling All the on-board equipment required to...
2.5Operation and traffic management The procedures and related equipment enabling...
2.6Telematics applications This subsystem comprises two elements—
2.7Rolling stock Structure, command and control system for all train...
2.8Maintenance The procedures, associated equipment, logistics centres for maintenance work...
SCHEDULE 4UK verification assessment procedure for subsystems
(This Schedule substantially reproduces Annex VI to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
1General principles “UK verification” means a procedure carried out by...
2UK certificate of verification issued by an approved body
2.1Introduction For the purpose of these Regulations, the verification by...
2.2Intermediate statement of verification (ISV) (2.2.1) Principles At the request...
2.3UK certificate of verification (2.3.1) The approved bodies responsible for...
2.4Technical file accompanying the UK declaration of verification The technical...
2.5Surveillance by approved body (2.5.1) The approved body responsible for...
2.6Submission A copy of the technical file accompanying the UK...
2.7Publication Each approved body must periodically publish relevant information concerning:...
3UK certificate of verification issued by a designated body
3.1Introduction In any case where UK specific rules apply, the...
3.2Certificate of verification The designated body must draw up the...
3.3Technical file The technical file compiled by the designated body...
4Verification of parts of subsystems If a UK certificate of...
SCHEDULE 5UK declaration of verification of subsystems
(This Schedule substantially reproduces Annex V to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
1UK declaration of verification of subsystems The UK declaration of...
2Modification of subsystems with EC or UK declaration of verification...
2.1If the entity introducing the modifications demonstrates that the modification...
2.2If the entity introducing the modification demonstrates that the modification...
3UK declaration of verification in the case of additional verifications...
SCHEDULE 6Model declaration of conformity to an authorised type of vehicle
SCHEDULE 7UK declaration of conformity or suitability for use of interoperability constituents
(This Schedule substantially reproduces Annex IV to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
1Interoperability constituents The UK declaration of conformity or suitability for...
2Scope The UK declaration of conformity or suitability for use...
3Contents of the UK declaration of conformity or suitability for...
SCHEDULE 8Minimum criteria which must be taken into account by the Secretary of State when approving bodies
(This Schedule substantially reproduces Annex VIII to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
1The body, its Director and the staff responsible for carrying...
2The body and the staff responsible for the checks must...
3The body must employ staff and possess the means required...
4The staff responsible for the checks must possess—
5The independence of the staff responsible for inspections must be...
6The body must take out civil liability insurance unless that...
7The staff of the body must be bound by professional...
2011 No. 3066
Transport
Railways

The Railways (Interoperability) Regulations 2011

Made
Laid before Parliament
Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, read with paragraph 1A of Schedule 2 to, the European Communities Act 1972 M1 and section 247 of the Transport Act 2000 M2.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments M3 to be construed as a reference to those provisions as amended from time to time.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to railways and railway transport M4.