Article 11 ReviewF1

England, Wales and Scotland

(1)

The Secretary of State must from time to time—

(a)

carry out a review of this Order,

(b)

set out the conclusions of the review in a report, and

(c)

publish the report.

(2)

In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2004/49/EC of the European Parliament and of the Council on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification^f1, and Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (Recast) ^f2, are implemented in other member States.

(3)

The report must in particular—

(a)

set out the objectives intended to be achieved by the regulatory system established by this Order,

(b)

assess the extent to which those objectives are achieved, and

(c)

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4)

The first report under this article must be published before the end of the period of five years beginning with the day on which the Channel Tunnel (Safety) (Amendment) Order 2013 comes into force.

(5)

Subsequent reports under this Order are to be published at intervals not exceeding five years.

Annotations

Textual amendments

F1: Art. 11 inserted (26.3.2013 as notified in the London Gazette dated 2.4.2013) by The Channel Tunnel (Safety) (Amendment) Order 2013 (S.I. 2013/407), art. 2(7)

Footnotes

f1: Section 28(3) and (5) were amended by the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 30(6) and Schedule 24; by the Water Act 1989 (c. 15), section 190 and Schedule 25, paragraph 46; and by S.I. 2004/3363, article 5(1) and (2). Section 28(4) was amended by the Environment Act 1995, section 120 and Schedule 22, paragraph 30(6) (e). Section 28(6) was substituted by the Local Government Act 1985 (c. 51), section 84 and Schedule 14, paragraph 52; and was amended by the Education Reform Act 1988 (c. 40), section 237 and Schedule 13, Part 1; and by the Greater London Authority Act 1999 (c. 29), section 328 and Schedule 29, Part 1 paragraph 23. Section 28(9) was inserted by the Employment Protection Act 1975 (c. 71), section 116 and Schedule 15, paragraph 9. Section 28(9A) was inserted by S.I. 2004/3363, article 5(1) and (4). There are other amendments to section 28 not relevant to this Order.
f2: Section 33(1) (c) was amended by the Employment Protection Act 1975 (c. 71), sections 116 and 125(3) and Schedule 15, paragraph 11, and Schedule 18. Section 33(1) (h) was amended by the Consumer Protection Act 1987, section 36 and Schedule 3. Section 33(1) (m) was amended by the Forgery and Counterfeiting Act 1981 (c. 45), section 30 and Part 1 of the Schedule. Section 33(2A) was inserted by the Offshore Safety Act 1992 (c. 15), section 4(2), (3) and (6). Maximum fine referred to in section 33(2) increased by the Criminal Law Act 1977 (c. 45), section 31 and Schedule 6 and converted to a level on the standard scale by the Criminal Justice Act 1982 (c. 48), sections 37 and 46. Section 33(3) was amended by the Offshore Safety Act 1992, section 4(4) and (6); and by the Magistrates Courts Act 1980 (c. 43), section 32(2).