Regulation 2 Interpretation

In these Regulations—

• “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992;

• “the 1993 Act” means the Railways Act 1993^f1;

• “passenger railway services” means—

  1. (a)

     infrastructure services; and

  2. (b)

     train operation services;

• “infrastructure services” means any of the following services provided by an infrastructure manager—

  1. (a)

     reactive maintenance of any part of a network;

  2. (b)

     the exercise of day-to-day control over train movements over or along any track comprised in a network;

  3. (c)

     the operation or reactive maintenance (or both) of a railway signalling system or of any other railway communication equipment;

  4. (d)

     the operation or reactive maintenance (or both) of railway crossings, including level crossings, overbridges, underbridges and tunnels;

  5. (e)

     the control of electrical conductor rails or overhead lines, of any supports for such rails or lines, and of any electrical substations or power connections used or to be used in connection with such rails or lines, and the provision of electrical power by such rails or lines;

  6. (f)

     the provision or operation (or both) of services for the response to, and resolution of, incidents on or about the railway including services for the recovery or repair of locomotives or other rolling stock in connection with any accident, malfunction or mechanical or electrical failure;

  7. (g)

     the provision or operation (or both) of services for keeping track free from, or serviceable notwithstanding, obstruction (whether by snow, ice, water, fallen leaves or any other natural or artificial obstacle or hindrance) or for removing any such obstruction;

  8. (h)

     any of the following services for plant, equipment or machinery used in carrying on any of the activities specified in sub-paragraphs (a) to (g)—

     1. (i)

        provision;

     2. (ii)

        operation;

     3. (iii)

        reactive maintenance;

  9. (i)

     services provided for the purpose of reactive maintenance or stabling (or both) of rolling stock used in carrying on any of the activities specified in sub-paragraphs (a) to (h);

• “light rail services” means passenger railway services provided on or in respect of any of the following light rail systems known at the time these Regulations come into force as—

  1. (a)

     Blackpool Tramway;

  2. (b)

     Docklands Light Railway;

  3. (c)

     Edinburgh Trams;

  4. (d)

     Glasgow Subway;

  5. (e)

     London Trams;

  6. (f)

     London Underground;

  7. (g)

     Manchester Metrolink;

  8. (h)

     Nottingham Express Transit;

  9. (i)

     Sheffield Supertram;

  10. (j)

      Tyne & Wear Metro;

  11. (k)

      West Midlands Metro;

• “train operation services” means—

  1. (a)

     services for the carriage of passengers by railway by a person providing services—

     1. (i)

        under a franchise agreement within the meaning of section 23(3) of the 1993 Act^f2;

     2. (ii)

        under, or secured under, the duty in section 30(1) of the 1993 Act^f3;

     3. (iii)

        under an agreement to which one of the persons listed in section 24A(4)(a) of the 1993 Act^f4 is a party; or

     4. (iv)

        under, or secured under, section 173(1) of the Greater London Authority Act 1999^f5; or

  2. (b)

     the refuelling of any locomotive or other rolling stock used for the services mentioned in sub-paragraph (a) by the person providing those services.

But services relating to the following are not passenger railway services for the purposes of these Regulations—

In this regulation—