Regulation 5 (prohibition of unlicensed provision of services) has effect as if for paragraph (1) there were substituted—

“(1)

Where a person is a railway undertaking to which these Regulations apply, that person may not provide a train service in Great Britain unless the person is authorised to do so—

(a)

by a railway undertaking licence which is appropriate for that train service, or

(b)

by a European licence which would be appropriate for that train service if the United Kingdom were an EEA state,

and any person who provides such a service without such a licence is guilty of an offence.”.