Paragraph 10 Other enactmentsI1

England, Wales and Scotland

In the following enactments and in the headings referred to, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 8(3) of the Dangerous Substances (Notification and Marking of Sites) Regulations 1990^f1 (enforcing authority);

(b)

regulation 2 of the Railway Safety (Miscellaneous Provisions) Regulations 1997^f2 (interpretation);

(c)

regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1998^f3 (local authorities to be enforcing authorities in some cases);

(d)

regulation 28(1) of the Working Time Regulations 1998^f4 (enforcement);

(e)

regulation 2(1) of the Railway Safety Regulations 1999^f5 (interpretation);

(f)

the following provisions of the Radiation (Emergency Preparedness and Public Information) Regulations 2001^f6 and, in the case of regulation 18A, the heading preceding it—

(i)

regulation 18A (modifications relating to the Office of Rail Regulation), and

(ii)

regulation 18B(2)(b) (modifications relating to the Office of Nuclear Regulation);

(g)

regulation 16A of the Control of Substances Hazardous to Health Regulations 2002^f7 (modifications relating to the Office of Rail Regulation) and the heading preceding it;

(h)

regulation 2(1) of the Control of Vibration at Work Regulations 2005^f8 (interpretation);

(i)

article 26(3) of the Regulatory Reform (Fire Safety) Order 2005^f9 (enforcement of order);

(j)

regulation 2(1) of the Control of Noise at Work Regulations 2005^f10 (interpretation);

(k)

regulation 2(1) of the Railways (Accident Investigation and Reporting) Regulations 2005^f11 (interpretation);

(l)

regulation 2(1) of the Railway (Licensing of Railway Undertakings) Regulations 2005^f12 (interpretation);

(m)

the following provisions of the Channel Tunnel (International Arrangements) Order 2005^f13 and, in the case of article 4A, the heading preceding it—

(i)

article 2 (interpretation), and

(ii)

article 4A (role of the Office of Rail Regulation);

(n)

regulation 5 of the Railways (Access to Training Services) Regulations 2006^f14 (appeal to the regulatory body);

(o)

the following provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006^f15 and, in the case of regulation 5A, the heading preceding it—

(i)

regulation 3 (enforcing authority),

(ii)

regulation 4(4) (exceptions),

(iii)

regulation 5A (assignment of responsibility for enforcement in cases of uncertainty: the Office of Rail Regulation), and

(iv)

regulation 7 (transitional provisions);

(p)

row 25 of the table in Schedule 5 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006^f16 (those to be served with a copy of the application and documents);

(q)

article 15 of the London Gateway Logistics and Commercial Centre Order 2007^f17 (maintenance of approved works, etc.);

(r)

articles 4 (enforcement of the Regulation) and 5 (access to training facilities) of the Channel Tunnel (Safety) Order 2007^f18;

(s)

article 44(2) of the London Gateway Port Harbour Empowerment Order 2008^f19 (power to operate and use railways);

(t)

the following provisions of the Supply of Machinery (Safety) Regulations 2008^f20 and, in the case of paragraph 7 of Schedule 5, the heading preceding it—

(i)

regulation 2(2) (interpretation),

(ii)

regulation 21(2)(a) (non-compliance with CE marking requirements), and

(iii)

paragraphs 3 and 6 to 8 of Schedule 5 (enforcement);

(u)

the following provisions of the Cross-border Railway Services (Working Time) Regulations 2008^f21—

(i)

regulation 9(2)(b) (records),

(ii)

regulation 10(1) (enforcement),

(iii)

regulation 15(1) (prosecutions by inspectors), and

(iv)

Schedule 2 (enforcement);

(v)

regulation 32 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009^f22 (enforcement);

(w)

Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009^f23;

(x)

Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010^f24;

(y)

regulations 3 (rail vehicles first used after 31st December 1998) and 6 (enforcement) of the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010^f25;

(z)

the following provisions of the Train Driving Licences and Certificates Regulations 2010^f26—

(i)

regulation 2 (interpretation),

(ii)

regulation 3(1A) (application and extent),

(iii)

regulation 38(5) (enforcement), and

(iv)

paragraph 2(d)(iv) of Schedule 2 (contents of the licence);

(aa)

regulation 1(2) of the Control of Artificial Optical Radiation at Work Regulations 2010^f27 (citation, commencement and interpretation);

(bb)

the following provisions of the Rail Passengers’ Rights and Obligations Regulations 2010^f28 and, in the case of regulation 13, the heading preceding it—

(i)

regulation 3(1) (interpretation), and

(ii)

regulation 13 (enforcement body: the Office of Rail Regulation);

(cc)

Schedule 1 to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011^f29 (consultation and notification);

(dd)

regulation 2(1) of the Control of Asbestos Regulations 2012^f30 (interpretation);

(ee)

regulation 4(1)(h) of the Town and Country Planning (Local Planning) (England) Regulations 2012^f31 (duty to co-operate);

(ff)

article 3 of the Postal Services Act 2011 (Disclosure of Information) Order 2012^f32 (prescription of bodies and persons);

(gg)

paragraph 28(2) of Schedule 7 to the Network Rail (Ipswich Chord) Order 2012^f33 (protective provisions);

(hh)

paragraph 11 of Schedule 2 to the Network Rail (North Doncaster Chord) Order 2012^f34 (alteration, reconstruction or replacement of level crossings);

(ii)

regulation 2(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013^f35 (interpretation);

(jj)

regulations 9(1) and 18(1) of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013^f36 (allocation of enforcement responsibility);

(kk)

the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014^f37 (prescribed persons);

(ll)

regulation 6(4) of the Construction (Design and Management) Regulations 2015^f38 (notification);

(mm)

Schedule 1 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015^f39 (statutory parties);

(nn)

article 5 of the Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015^f40 (supplemental provisions and savings);

(oo)

the following provisions of the Railways Infrastructure (Access and Management) (Amendment) Regulations 2015^f41—

(i)

paragraph 5(5) (establishing, determining and collecting the charges),

(ii)

paragraph 7(3) (international cooperation), and

(iii)

paragraph 8(1) (enforcement).

Annotations

Commencement

I1: Sch. para. 10 in force at 16.10.2015, see reg. 1(2)

Footnotes

f1: S.I. 1990/304, amended by S.I. 2014/469; there are other amending instruments but none is relevant.
f2: S.I. 1997/553, amended by S.I. 2006/557; there are other amending instruments but none is relevant.
f3: S.I. 1998/494, amended by S.I. 2006/557, there are other amending instruments but none is relevant.
f4: S.I. 1998/1833, relevant amending instruments are S.I. 2003/1684, 2006/557.
f5: S.I. 1999/2244, amended by S.I. 2006/557; there are other amending instruments but none is relevant.
f6: S.I. 2001/2975, relevant amending instruments are S.I. 2006/557, 2014/469.
f7: S.I. 2002/2677, amended by S.I. 2006/557; there are other amending instruments but none is relevant.
f8: S.I. 2005/1093, amended by S.I. 2014/469.
f9: S.I. 2005/1541, amended by the Energy Act 2013, paragraph 89 of Schedule 12, and S.I. 2008/960; there are other amending instruments but none is relevant.
f10: S.I. 2005/1643, amended by S.I. 2014/469; there are other amending instruments but none is relevant.
f11: S.I. 2005/1992, amended by S.I. 2006/557; there are other amending instruments but none is relevant.
f12: S.I. 2005/3050, to which there are amendments not relevant to these Regulations.
f13: S.I. 2005/3207.
f14: S.I. 2006/598.
f15: S.I. 2006/557, relevant amending instruments are S.I. 2007/1573, 2008/2323, 2014/469.
f16: S.I. 2006/1466, to which there are amendments not relevant to these Regulations.
f17: S.I. 2007/2657.
f18: S.I. 2007/3531, to which there are amendments not relevant to these Regulations.
f19: S.I. 2008/1261, to which there are amendments not relevant to these Regulations.
f20: S.I. 2008/1597, to which there are amendments not relevant to these Regulations.
f21: S.I. 2008/1660. Schedule 2 was amended by the Protection of Freedoms Act 2012 (c.9), paragraph 14(1) of Schedule 2, and Part 2 of Schedule 10. There are also amending instruments but none is relevant.
f22: S.I. 2009/1348, amended by S.I. 2014/469; there are other amending instruments but none is relevant.
f23: S.I. 2009/2264, amended by S.I. 2013/522; there are other amending instruments but none is relevant.
f24: S.I. 2010/104, amended by S.I. 2013/522; there are other amending instruments but none is relevant.
f25: S.I. 2010/432, to which there are amendments not relevant to these Regulations.
f26: S.I. 2010/724, amended by S.I. 2013/950.
f27: S.I. 2010/1140, amended by S.I. 2014/469.
f28: S.I. 2010/1504, to which there are amendments not relevant to these Regulations.
f29: S.I. 2011/2055, amended by S.I. 2013/522; there are other amending instruments but none is relevant.
f30: S.I. 2012/632, amended by S.I. 2014/469; there are other amending instruments but none is relevant.
f31: S.I. 2012/767, to which there are amendments not relevant to these Regulations.
f32: S.I. 2012/1128, to which there are amendments not relevant to these Regulations.
f33: S.I. 2012/2284.
f34: S.I. 2012/2635.
f35: S.I. 2013/1471, to which there are amendments not relevant to these Regulations.
f36: S.I. 2013/1506, amended by S.I. 2014/469; there are other amending instruments but none is relevant.
f37: S.I. 2014/2418, to which there are amendments not relevant to these Regulations.
f38: S.I. 2015/51.
f39: S.I. 2015/462.
f40: S.I. 2015/785.
f41: S.I. 2015/786.