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The Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of powers conferred by section 8(1) of 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 section 8(2)(a), (b), (c), (d) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make various amendments to secondary legislation in relation to the regulation of railways in the United Kingdom to take account of EU legislation which has become applicable in the United Kingdom during the transition period and to omit references to EU legislation that will no longer be applicable in the United Kingdom. Certain references to “exit day” have been substituted by references to “IP completion day” to take account of the transition period.

The amendments made to the Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677) and to the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (2019/837) to ensure that EU issued train driving licences and Part A safety certificates (issued pursuant to Directive 2004/49/EC and Directive (EU) 2016/798) issued until the second anniversary of exit day (31st January 2022) are recognised in Great Britain until that date.

Amendments have also been made to substitute references to “TSI” with “NTSN”. TSIs are Technical Specifications for Interoperability that set out the technical and operational standards which must be met by vehicles or components to satisfy the essential requirements, such as safety, reliability and availability, health, environmental protection, technical compatibility and accessibility. After IP completion day these standards and performance levels will be set out in the new United Kingdom regime of National Technical Specification Notices (“NTSNs”).

Part 3 revokes retained direct EU legislation which will no longer be applicable after IP completion day.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk

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