PART 2Amendments to the Railway (Licensing of Railway Undertakings) Regulations 2005
AmendmentsI173
The 2005 Regulations are amended in accordance with this Part.
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;
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”.
Part 2 (European licences)I36
In the heading of Part 2 (European licences), for “European” substitute “Railway Undertaking”.
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).
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”.
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”.
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”.
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).
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”.
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).
Regulation 12 (referral for Commission’s opinion)I1114
Omit regulation 12 (referral for Commission’s opinion).
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).
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).
Regulation 21 (review)I1417
In regulation 21 (review) omit paragraph (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”.
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.