PART 2Amendments to the Railway (Licensing of Railway Undertakings) Regulations 2005

AmendmentsI173

The 2005 Regulations are amended in accordance with this Part.

Annotations:
Commencement Information
I17

Reg. 3 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)

Regulation 2 (interpretation)I14

In regulation 2(1) (interpretation)—

a

omit the definitions of “the 1995 Directive”, “the 2012 Directive”, “EEA State” and “European licence”;

b

at the appropriate place, insert–

  • “railway undertaking licence” means a licence, granted by the ORR to a railway undertaking pursuant to these Regulations, which authorises the undertaking to provide such train services as may be specified in the licence;

Annotations:
Commencement Information
I1

Reg. 4 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)

Regulation 4 (scope)I25

1

Regulation 4 (scope) is amended as follows.

2

In paragraph (1)—

a

after “train services” insert “in Great Britain”;

b

omit “and are established or to be established in an EEA State”.

3

In paragraph (3)—

a

in sub-paragraph (a), omit “including a cross-border conurbation,”;

b

in sub-paragraph (b), omit “, including a cross-border region”.

Annotations:
Commencement Information
I2

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)

Part 2 (European licences)I36

In the heading of Part 2 (European licences), for “European” substitute “Railway Undertaking”.

Annotations:
Commencement Information
I3

Reg. 6 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)

Regulation 5 (prohibition of unlicensed provision of services)I47

In regulation 5 (prohibition of unlicensed provision of services)—

a

in paragraph (1), for “European” substitute “railway undertaking”;

b

omit paragraph (4).

Annotations:
Commencement Information
I4

Reg. 7 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)

Regulation 6 (appointment of licensing authority and grant of European licences)I58

1

Regulation 6 (appointment of licensing authority and grant of European licences) is amended as follows.

2

In the heading, for “European” substitute “railway undertaking”.

3

In paragraph (1)—

a

omit “designated as”;

b

for “European” substitute “railway undertaking”.

4

In paragraph (2)—

a

for “European” substitute “railway undertaking”;

b

omit “and inform the Commission of those procedures”.

5

In paragraph (3)—

a

in the words before sub-paragraph (a), for “European” substitute “railway undertaking”;

b

omit sub-paragraph (a) (including the “and” at the end of that sub-paragraph).

6

In paragraph (4), for “European” substitute “railway undertaking”.

7

Omit paragraph (4A).

8

In paragraphs (7) to (11), for “European”, in each place it occurs, substitute “railway undertaking”.

9

In paragraph (12)—

a

for “European licence” substitute “railway undertaking licence”;

b

for “European Commission” substitute “Secretary of State”.

10

In paragraph (14), for “European” substitute “railway undertaking”.

Annotations:
Commencement Information
I5

Reg. 8 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)

Regulation 7 (validity of European licences)I69

In regulation 7 (validity of European licences)—

a

in the heading, for “European” substitute “railway undertaking”;

b

in paragraphs (1) and (2), for “European”, in both places it occurs, substitute “railway undertaking”.

Annotations:
Commencement Information
I6

Reg. 9 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)

Regulation 8 (monitoring, suspension and revocation of European licences)I710

1

Regulation 8 (monitoring, suspension and revocation of European licences) is amended as follows.

2

In the heading, for “European” substitute “railway undertaking”.

3

In paragraph (1)—

a

omit “Subject to paragraph (5),”;

b

for “European” substitute “railway undertaking”.

4

In paragraphs (3) and (4), for “European”, in both places it occurs, substitute “railway undertaking”.

5

Omit paragraph (5).

6

In paragraphs (6) to (11) and (13), for “European”, in each place it occurs, substitute “railway undertaking”.

7

In paragraph (14)—

a

for “European licence” substitute “railway undertaking licence”;

b

for “European Railway Agency” substitute “Secretary of State”.

Annotations:
Commencement Information
I7

Reg. 10 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)

Regulation 9 (prohibition on operating trains without a statement of national regulatory provisions)I811

In regulation 9 (prohibition on operating trains without a statement of national regulatory provisions)—

a

in paragraph (1), for “European” substitute “railway undertaking”;

b

omit paragraph (5).

Annotations:
Commencement Information
I8

Reg. 11 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)

Regulation 10 (statements of national regulatory provisions)I912

In regulation 10 (statements of national regulatory provisions), in paragraphs (1) and (2)(b), for “European”, in both places it occurs, substitute “railway undertaking”.

Annotations:
Commencement Information
I9

Reg. 12 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)

Regulation 11 (conditions of statements of national regulatory provisions)I1013

In regulation 11 (conditions of statements of national regulatory provisions)—

a

in paragraph (1), for “European” substitute “railway undertaking”;

b

in paragraph (4) omit sub-paragraph (a) (including the “or” at the end of that sub-paragraph).

Annotations:
Commencement Information
I10

Reg. 13 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)

Regulation 12 (referral for Commission’s opinion)I1114

Omit regulation 12 (referral for Commission’s opinion).

Annotations:
Commencement Information
I11

Reg. 14 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)

Regulation 17 (general duties of the Rail Passengers’ Council)I1215

In regulation 17 (general duties of the Rail Passengers’ Council)—

a

in paragraph (1), for “European”, in each place it occurs, substitute “railway undertaking”;

b

omit paragraph (2).

Annotations:
Commencement Information
I12

Reg. 15 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)

Regulation 19 (duties of the London Transport Users’ Committee)I1316

In regulation 19 (duties of the London Transport Users’ Committee)—

a

in paragraph (1), for “European”, in both places it occurs, substitute “railway undertaking”;

b

omit paragraph (2).

Annotations:
Commencement Information
I13

Reg. 16 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)

Regulation 21 (review)I1417

In regulation 21 (review) omit paragraph (2).

Annotations:
Commencement Information
I14

Reg. 17 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)

Schedule 2 (qualifications for European licence)I1518

In Schedule 2 (qualifications for European licence)—

a

in the heading of the Schedule, for “European” substitute “railway undertaking”;

b

in paragraphs 1, 6 and 11(1), for “European”, in each place it occurs, substitute “railway undertaking”.

Annotations:
Commencement Information
I15

Reg. 18 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)

Schedule 4 (transitional provisions relating to existing licences and licence exemptions)I1619

1

Schedule 4 (transitional provisions relating to existing licences and licence exemptions) is amended as follows.

2

In paragraph 2, for “Paragraphs 3 and 4 apply” substitute “Paragraph 4 applies”.

3

Omit paragraph 3.

4

In paragraph 5, for “Paragraphs 6 and 7 apply” substitute “Paragraph 7 applies”.

5

Omit paragraphs 6 and 8.