Regulations 9(a), 13(b) and (c) and 21(b) are made in exercise of the powers in section 2(2) of the European Communities Act 1972 (c. 68) in order to take advantage of derogations from provisions of directly applicable EU tertiary legislation which apply at the option of individual Member States.

Regulation 9(a) and 13(b) and (c) implement the derogations set out in paragraph 3 of Article 8 and Articles 14 and 15 of Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity.

Regulation 21(b) implements the derogations set out in paragraph 2 of Article 3 and paragraph 2 of Article 5 of Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service.

The remainder of these Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs 8(2) (a) to (e) and (g)) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of railway infrastructure and, in particular, amend legislation relating to the rules relating to securing access to, and the management of, that infrastructure.

Part 2 amends subordinate legislation for England and Wales and Scotland.

Part 3 revokes retained EU law for the United Kingdom.

Part 4 amends retained EU law for the United Kingdom.

Part 5 modifies the application of Commission Implementing Regulation (EU) 2018/1795 in England and Wales and Scotland after the transitory provisions in Schedule 6 of the Railways (Access, Management and Licensing of Railway Undertakings) 2016 cease to have effect.

The Schedule inserts new Schedule 4A in the Regulations which restates Annex V of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area. This Annex was previously incorporated into the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 by reference.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.