The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019

Amendments to Commission Decision 2011/765/EU U.K.

5.—(1) Commission Decision of 22 November 2011 on criteria for the recognition of training centres involved in the training of train drivers, on criteria for the recognition of examiners of train drivers and on criteria for the organisation of examinations in accordance with Directive 2007/59/EC of the European Parliament and of the Council (2011/765/EU) is amended as follows.

(2) In Article 1—

(a) in the first paragraph, for “in accordance with Directive 2007/59/EC”, substitute “for the purposes of the Regulations and the NI Regulations;

(b) in the second paragraph, in point (a), for “on training tasks specified in Article 23 of Directive 2007/59/EC”, substitute “ on training referred to in regulation 29 of the Regulations or regulation 28 of the NI Regulations, as the case may be ”;

(c) in the second paragraph, in point (b), for the words from “authorised” to the end, substitute “ designated pursuant to regulation 31(1)(b) or (2)(b) of the Regulations or regulation 31(1)(b) or (2)(b) of the NI Regulations, as the case may be ”.

(3) In Article 2—

(a) in point (a), for the words from “training tasks referred to in Article 23(5)” to the end, substitute “ training referred to in regulation 29 of the Regulations or regulation 28 of the NI Regulations, as the case may be, including a single person applying for designation as an examiner pursuant to regulation 31(1)(b) or (2)(b) of the Regulations or regulation 31(1)(b) or (2)(b) of the NI Regulations ”;

(b) in points (c) and (d), for “Directive 2007/59/EC”, substitute “ regulations 8(2)(f) and 9(2)(c) of the Regulations or regulations 8(1)(f) and 9(1)(c) of the NI Regulations, as the case may be ”;

(c) omit point (e),

(d) in point (f), for the words from “an authority” to the end, substitute “ the ORR or the Department, as the case may be ”;

(e) omit point (g),

(f) at the end insert—

“(h) “the Department” means the Department for Infrastructure renamed as such by the Departments Act (Northern Ireland) 2016 and originally established as the Department for Regional Development by article 3(1) of the Departments (Northern Ireland) Order 1999;

(i) “complementary certificate” or “certificate”, when used in Articles 4, 5, 8 and 9 means a train driving certificate issued under the Regulations or the NI Regulations;

(j) “the NI Regulations” means the Train Driving Licences and Certificates (Northern Ireland) Regulations 2010;

(k) “the ORR” means the Office of Rail and Road;

(k) “train driver licence” means a train driving licence issued under the Regulations or the NI Regulations;

(l) “the Regulations” means the Train Driving Licences and Certificates Regulations 2010.”.

(4) In Article 3, omit the final sentence.

(5) In Article 4—

(a) in paragraph 1, for “Directive 2007/59/EC”, substitute “ the Regulations or the NI Regulations, as the case may be ”;

(b) in paragraph 2—

(i) in point (a), for “Directive 2007/59/EC”, substitute “ the Regulations or the NI Regulations, as the case may be ”,

(ii) in point (c), for “Article 4(2)(e) of Directive 2007/59/EC”, substitute “ regulation 4(7)(e) and (8) of the Regulations or regulation 4(6)(e) and (7) of the NI Regulations, as the case may be ”,

(iii) in point (f), for “Directive 2007/59/EC”, substitute “ the Regulations or the NI Regulations, as the case may be ”;

(c) in paragraph 3, for “A Member State”, substitute “ The ORR or the Department ”;

(d) in paragraph 4, for “competent authority of the Member State”, substitute “ the ORR or the Department depending on ”.

(6) In Article 5(1)—

(a) for “A Member State”, substitute “ The ORR or the Department, as the case may be, ”;

(b) for “Directive 2004/49/EC of the European Parliament and of the Council”, substitute “ the Railways and Other Guided Transport Systems (Safety) Regulations 2006 or the Railways (Safety Management) Regulations (Northern Ireland) 2006 as the case may be. ”.

(7) Omit Article 6.

(8) In Article 7, in the second paragraph, for “competent authority”, substitute “ ORR or the Department as the case may be ”.

(9) In Article 8—

(a) in paragraph 2, in the first sub-paragraph, for “Article 4(2)(e) of Directive 2007/59/EC”, substitute “ regulation 4(7)(e) and (8) of the Regulations or regulation 4(6)(e) and (7) of the NI Regulations, as the case may be ”;

(b) in paragraph 4, for “A Member State”, substitute “ The ORR or the Department ”.

(10) In Article 9—

(a) for “Article 25 of Directive 2007/59/EC”, substitute “ regulation 31 of the Regulations or regulation 31 of the NI Regulations, as the case may be, ”;

(b) in point (b), for “Article 4(2)(e) of Directive 2007/59/EC”, substitute “ regulation 4(7)(e) and (8) of the Regulations or regulation 4(6)(e) and (7) of the NI Regulations, as the case may be ”;

(c) in point (c), for “Annexes to Directive 2007/59/EC”, substitute “ Schedules 3, 4 and 5 to the Regulations or Schedules 3, 4 and 5 to the NI Regulations, as the case may be ”.

(11) Omit Article 10.

(12) In Article 11—

(a) for “a Member State”, substitute “ the ORR or the Department, as the case may be, ”;

(b) in point (a), for “Directive 2004/49/EC”, substitute “ the Railways and Other Guided Transport Systems (Safety) Regulations 2006 or the Railways (Safety Management) Regulations (Northern Ireland) 2006 ”.

(13) Omit Articles 12 and 13.

Commencement Information

I1 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)