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The Railways (Interoperability in Northern Ireland) (Convention on International Carriage by Rail) (Amendment) Regulations 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780348284874

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 8F(1) and (2), and paragraph 12(1), of Schedule 7 to the European Union (Withdrawal) Act 2018 (c. 16) and section 103(5) of the Railways and Transport Safety Act 2003 (c. 20) for approval by resolution of each House of Parliament.

RAILWAYS

TRANSPORT

Made ***

Coming into force in accordance with regulation 1(1)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1) and (2) of, paragraph 1(1)(ab) and (3)(a) of Schedule 4 to, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018f1 (“the Withdrawal Act”) and section 103 of, and paragraphs 2(a) and (b), 3(1) and (2)(a) to, Schedule 6 of the Railways and Transport Safety Act 2003f2.

In accordance with paragraph 3(1) of Schedule 4 to the Withdrawal Act, the Treasury’s consent has been obtained prior to the making of these Regulations.

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with paragraphs 8F(1) and (2) and 12(1) of Schedule 7 to the Withdrawal Act 2018 and section 103(5) of the Railways and Transport Safety Act 2003.

Annotations to the whole text

Footnotes

f1

2018 c. 16; section 8C was inserted by the European Union (Withdrawal Agreement) Act 2020 (c. 1), section 21. Paragraph 1(1)(ab) of Schedule 4 was inserted by the European Union (Withdrawal Agreement) Act 2020, section 28(a).

f2

2003 c. 20; section 103(2) was amended by S.I. 2020/1447.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Application
  5. Part 2: Subsystems
  6. 4Requirement for authorisation for the placing in service of fixed installations
  7. 5Requirement for authorisation for placing vehicles on the market
  8. 6Application for authorisation for a fixed installation
  9. 7ERTMS tender approval
  10. 8Application for authorisation for a vehicle
  11. 9Authorisation decision for fixed installations
  12. 10Authorisation decision for vehicles
  13. 11Checks before first use of authorised vehicles
  14. 12Type authorisation
  15. 13Type authorisation: changes to TSIs and notified national rules
  16. 14Non-compliance of vehicles or vehicle types with essential requirements
  17. 15Revocation of vehicle and vehicle type authorisations
  18. 16Authorisation requirements for the renewal or upgrading of fixed installations
  19. 17Authorisation requirements for the renewal or upgrading of vehicles
  20. 18Derogation from need to conform with TSIs
  21. 19Essential requirements for project subsystems
  22. 20Role of project entity
  23. 21Project subsystems: EC verification assessment procedure
  24. 22Requirement for EC declaration of verification for placing on the market of mobile subsystems
  25. 23Project subsystems: EC declaration of verification
  26. 24Retention of technical file
  27. 25Continuing duty on operator in relation to standards
  28. 26Fees payable to the DFI
  29. Part 3: Interoperability constituents
  30. 27Prohibition on placing interoperability constituents on the market
  31. 28Assessment procedure for interoperability constituents
  32. 29EC declaration of conformity or suitability for use
  33. 30Effect of an EC declaration of conformity or suitability for use
  34. 31Duties on operators
  35. 32Recognition of assessments of EEA states
  36. 33Notification to the European Commission of incorrect declaration
  37. Part 4: Notified and designated bodies
  38. 34Conformity assessment bodies
  39. 35Presumption of conformity for conformity assessment bodies
  40. 36Changes to notification or appointment
  41. 37Operational obligations of conformity assessment bodies
  42. 38Subsidiaries and subcontractors
  43. 39Accredited in-house bodies
  44. 40UK national accreditation body
  45. 41Fees of the Secretary of State
  46. 42Fees of conformity assessment bodies
  47. Part 5: Registers
  48. 43Register of infrastructure
  49. 44European Vehicle Register
  50. Part 6: Appeals and enforcement
  51. 45Appeals
  52. 46Enforcement in Northern Ireland
  53. 47Enforcement in Great Britain
  54. 48Notices relating to interoperability constituents not meeting the essential requirements
  55. 49Defence of due diligence
  56. Part 7: Supplementary provision relating to railways interoperability in Northern Ireland
  57. 50National Technical Specification Notice (Northern Ireland)
  58. 51Transitional arrangements
  59. 52Consequential amendments
  60. 53Amendment to the Railways (Interoperability) Regulations 2011
  61. Part 8: Convention concerning International Carriage by Rail
  62. 54Amendment to the Railways (Convention on International Carriage by Rail) Regulations 2005
  63. Signature
  64. Schedule 1: Requirements for conformity assessment bodies
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. 3Paragraph 3
  68. 4Paragraph 4
  69. 5Paragraph 5
  70. 6Paragraph 6
  71. 7Paragraph 7
  72. 8Paragraph 8
  73. 9Paragraph 9
  74. 10Paragraph 10
  75. 11Paragraph 11
  76. Schedule 2: Operational obligations of conformity assessment bodies
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. 4Paragraph 4
  81. 5Paragraph 5
  82. 6Paragraph 6
  83. 7Paragraph 7
  84. 8Paragraph 8
  85. 9Paragraph 9
  86. 10Paragraph 10
  87. 11Paragraph 11
  88. Explanatory note