SCHEDULEChange of name of the Office of Rail Regulation: consequential amendments

PART 2Amendments to secondary legislation

Railways Infrastructure (Access and Management) Regulations 2005

5.

In the following provisions of the Railways Infrastructure (Access and Management) Regulations 2005120, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 2(3) (amendments, repeals, revocations and transitional provisions);

(b)

regulation 3(1) (interpretation);

(c)

regulation 5(5) (access rights);

(d)

regulation 6(4) (access to terminals and ports);

(e)

regulation 7(7) (access to services);

(f)

regulation 10 (business plans);

(g)

regulation 11 (network statement);

(h)

regulation 12 (establishing, determining and collecting charges);

(i)

regulation 13 (infrastructure costs and accounts);

(j)

regulation 16 (capacity allocation);

(k)

regulation 18(12) (framework agreements);

(l)

regulation 20(7) (scheduling and co-ordination);

(m)

regulation 22(3) (declaration of specialised infrastructure);

(n)

regulation 23(3) (congested infrastructure);

(o)

regulation 25(6) (capacity enhancement plan);

(p)

regulation 28 (regulatory body);

(q)

regulation 29 (appeals to the regulatory body);

(r)

regulation 29A (regulatory decisions concerning international passenger services);

(s)

regulation 30 (competition in the rail services market);

(t)

regulation 31 (provision of information to the regulatory body);

(u)

regulation 32(2) (the International Rail Regulator);

(v)

regulation 36(3) (civil proceedings); and

(w)

paragraph 2 of Schedule 3 (principles of access charging).

Railways and Other Guided Transport Systems (Safety) Regulations 2006

6.

In the following provisions of the Railways and Other Guided Transport Systems (Safety) Regulations 2006121, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 2(1) (interpretation and application);

(b)

regulation 2A (determination of exclusion from the mainline railway);

(c)

regulation 5(7) (safety management system for the mainline railway);

(d)

regulation 7 (safety certificate);

(e)

regulation 8 (amended safety certificate);

(f)

regulation 9 (further safety certificate);

(g)

regulation 10 (safety authorisation);

(h)

regulation 11 (amended safety authorisation);

(i)

regulation 12 (further safety authorisation);

(j)

regulation 13 (notice of changes by holder of a safety certificate or a safety authorisation);

(k)

regulation 14 (direction to apply for an amended safety certificate or safety authorisation);

(l)

regulation 15 (revocation of safety certificate);

(m)

regulation 16 (revocation of safety authorisation);

(n)

regulation 17 (general provisions relating to safety certificates and safety authorisations);

(o)

regulation 18 (notification to the European Railway Agency regarding safety certificates and safety authorisations relating to the mainline railway);

(p)

regulation 20 (annual safety reports);

(q)

regulation 21 (sending, issuing, and keeping of documents and making them available for public inspection);

(r)

regulation 27 (appeals);

(s)

regulation 28 (offences);

(t)

regulation 29 (transitional provisions and savings);

(u)

regulation 30 (exemptions);

(v)

paragraph 2(c)(iv) of Schedule 1 (basic elements of the safety management system);

(w)

paragraph 1(b)(i)(aa) of Schedule 2 (information to be included for a mainline application);

(x)

paragraph 6(2) of Part 1 of Schedule 3 (indicators to calculate the economic impact of accidents); and

(y)

paragraph 4(4) of Part 2 of Schedule 3 (indicators relating to precursors of accidents).

Railway Safety Levy Regulations 2006

7.

In the following provisions of the Railway Safety Levy Regulations 2006122 and, in the case of regulation 3 in the heading preceding it, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 3 (determination of matters by the Office of Rail Regulation);

(b)

regulation 4 (requests for information);

(c)

regulation 6 (assumptions);

(d)

regulation 7 (payment of the railway safety levy); and

(e)

regulation 8 (refunds).

REACH Enforcement Regulations 2008

8.

In the following provisions of the REACH Enforcement Regulations 2008123 and, in the case of Part 5 of Schedule 3 and Part 2 of Schedule 6 in their headings, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 2(2) (interpretation);

(b)

regulation 6(1)(b) (health and safety enforcement);

(c)

Schedule 1 (table of REACH provisions);

(d)

paragraph 6 of Schedule 2 (functions of enforcing authorities);

(e)

Part 5 of Schedule 3 (health and safety enforcement: the Office of Rail Regulation);

(f)

paragraph 1 of Schedule 5A (placing asbestos-containing articles on the market);

(g)

Part 2 of Schedule 6 (powers of enforcement); and

(h)

Schedule 7 (authorisations).

Railways (Interoperability) Regulations 2011

9.

In the following provisions of the Railways (Interoperability) Regulations 2011124, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 2(1) (interpretation);

(b)

regulation 36(10) (national vehicle register);

(c)

regulation 39 (enforcement in Great Britain);

(d)

regulation 41 (notices relating to interoperability constituents not meeting the essential requirements); and

(e)

regulation 42 (notice of improper drawing up of the EC declaration of conformity or suitability for use for an interoperability constituent).

Other enactments

10.

In the following enactments and in the headings referred to, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 8(3) of the Dangerous Substances (Notification and Marking of Sites) Regulations 1990125 (enforcing authority);

(b)

regulation 2 of the Railway Safety (Miscellaneous Provisions) Regulations 1997126 (interpretation);

(c)

regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1998127 (local authorities to be enforcing authorities in some cases);

(d)

regulation 28(1) of the Working Time Regulations 1998128 (enforcement);

(e)

regulation 2(1) of the Railway Safety Regulations 1999129 (interpretation);

(f)

the following provisions of the Radiation (Emergency Preparedness and Public Information) Regulations 2001130 and, in the case of regulation 18A, the heading preceding it—

(i)

regulation 18A (modifications relating to the Office of Rail Regulation), and

(ii)

regulation 18B(2)(b) (modifications relating to the Office of Nuclear Regulation);

(g)

regulation 16A of the Control of Substances Hazardous to Health Regulations 2002131 (modifications relating to the Office of Rail Regulation) and the heading preceding it;

(h)

regulation 2(1) of the Control of Vibration at Work Regulations 2005132 (interpretation);

(i)

article 26(3) of the Regulatory Reform (Fire Safety) Order 2005133 (enforcement of order);

(j)

regulation 2(1) of the Control of Noise at Work Regulations 2005134 (interpretation);

(k)

regulation 2(1) of the Railways (Accident Investigation and Reporting) Regulations 2005135 (interpretation);

(l)

regulation 2(1) of the Railway (Licensing of Railway Undertakings) Regulations 2005136 (interpretation);

(m)

the following provisions of the Channel Tunnel (International Arrangements) Order 2005137 and, in the case of article 4A, the heading preceding it—

(i)

article 2 (interpretation), and

(ii)

article 4A (role of the Office of Rail Regulation);

(n)

regulation 5 of the Railways (Access to Training Services) Regulations 2006138 (appeal to the regulatory body);

(o)

the following provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006139 and, in the case of regulation 5A, the heading preceding it—

(i)

regulation 3 (enforcing authority),

(ii)

regulation 4(4) (exceptions),

(iii)

regulation 5A (assignment of responsibility for enforcement in cases of uncertainty: the Office of Rail Regulation), and

(iv)

regulation 7 (transitional provisions);

(p)

row 25 of the table in Schedule 5 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006140 (those to be served with a copy of the application and documents);

(q)

article 15 of the London Gateway Logistics and Commercial Centre Order 2007141 (maintenance of approved works, etc.);

(r)

articles 4 (enforcement of the Regulation) and 5 (access to training facilities) of the Channel Tunnel (Safety) Order 2007142;

(s)

article 44(2) of the London Gateway Port Harbour Empowerment Order 2008143 (power to operate and use railways);

(t)

the following provisions of the Supply of Machinery (Safety) Regulations 2008144 and, in the case of paragraph 7 of Schedule 5, the heading preceding it—

(i)

regulation 2(2) (interpretation),

(ii)

regulation 21(2)(a) (non-compliance with CE marking requirements), and

(iii)

paragraphs 3 and 6 to 8 of Schedule 5 (enforcement);

(u)

the following provisions of the Cross-border Railway Services (Working Time) Regulations 2008145—

(i)

regulation 9(2)(b) (records),

(ii)

regulation 10(1) (enforcement),

(iii)

regulation 15(1) (prosecutions by inspectors), and

(iv)

Schedule 2 (enforcement);

(v)

regulation 32 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009146 (enforcement);

(w)

Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009147;

(x)

Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010148;

(y)

regulations 3 (rail vehicles first used after 31st December 1998) and 6 (enforcement) of the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010149;

(z)

the following provisions of the Train Driving Licences and Certificates Regulations 2010150—

(i)

regulation 2 (interpretation),

(ii)

regulation 3(1A) (application and extent),

(iii)

regulation 38(5) (enforcement), and

(iv)

paragraph 2(d)(iv) of Schedule 2 (contents of the licence);

(aa)

regulation 1(2) of the Control of Artificial Optical Radiation at Work Regulations 2010151 (citation, commencement and interpretation);

(bb)

the following provisions of the Rail Passengers’ Rights and Obligations Regulations 2010152 and, in the case of regulation 13, the heading preceding it—

(i)

regulation 3(1) (interpretation), and

(ii)

regulation 13 (enforcement body: the Office of Rail Regulation);

(cc)

Schedule 1 to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011153 (consultation and notification);

(dd)

regulation 2(1) of the Control of Asbestos Regulations 2012154 (interpretation);

(ee)

regulation 4(1)(h) of the Town and Country Planning (Local Planning) (England) Regulations 2012155 (duty to co-operate);

(ff)

article 3 of the Postal Services Act 2011 (Disclosure of Information) Order 2012156 (prescription of bodies and persons);

(gg)

paragraph 28(2) of Schedule 7 to the Network Rail (Ipswich Chord) Order 2012157 (protective provisions);

(hh)

paragraph 11 of Schedule 2 to the Network Rail (North Doncaster Chord) Order 2012158 (alteration, reconstruction or replacement of level crossings);

(ii)

regulation 2(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013159 (interpretation);

(jj)

regulations 9(1) and 18(1) of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013160 (allocation of enforcement responsibility);

(kk)

the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014161 (prescribed persons);

(ll)

regulation 6(4) of the Construction (Design and Management) Regulations 2015162 (notification);

(mm)

Schedule 1 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015163 (statutory parties);

(nn)

article 5 of the Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015164 (supplemental provisions and savings);

(oo)

the following provisions of the Railways Infrastructure (Access and Management) (Amendment) Regulations 2015165—

(i)

paragraph 5(5) (establishing, determining and collecting the charges),

(ii)

paragraph 7(3) (international cooperation), and

(iii)

paragraph 8(1) (enforcement).