The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in 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 8(2)(a), (b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 of these Regulations amends the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016, as amended by the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations (Northern Ireland) 2019 (as so amended, “the NI 2016 Regulations”). The NI 2016 Regulations implement, for Northern Ireland, Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) (O.J. No. L 343, 14.12.2012, p.32) as amended by Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (O.J. No. L 352, 23.12.2016, p. 1). The NI 2016 Regulations provide the framework for the regulation, management, and charging for the use of railway infrastructure, the independence of infrastructure managers, and the licensing of railway undertakings.

Part 3 of these Regulations amends the Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 (“the NI 2010 Regulations”) (S.R. 2010 No. 132). The NI 2010 Regulations implemented, for Northern Ireland, Directive 2007/59/EC of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the European Union (O.J. No. L 315, 3.12.2007, p.51). The NI 2010 Regulations established a regime for the licensing and certification of train drivers who drive trains on the mainline railway network. Railway undertakings and infrastructure managers are not to deploy a person to drive a train on that network unless the person is the holder of both a licence and a certificate. The licence indicates satisfaction of medical checks and possession of general professional competence. The certificate indicates the infrastructure on which the holder is authorised to drive and the rolling stock which the holder is authorised to drive. Licences are issued by the Department for Infrastructure and certificates are issued by railway undertakings and infrastructure managers.

Part 4 of these Regulations amends the Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008. These Regulations implemented, for Northern Ireland, the provisions of Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector (O.J. No. L195, 27.2.2005, p.15). The Regulations apply to workers whose daily shift includes more than one hour on train services going to the Republic of Ireland that require at least two safety certificates. These workers are referred to as cross-border workers.

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 the instrument onwww.legislation.gov.uk