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The Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018

S.I. 2018/1165 · Made 5 November 2018 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Transport

Sift requirements satisfied 23rd October 2018

Made 5th November 2018

Laid before Parliament 12th November 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 23(1) and (2) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Annotations to the whole text

Marginal citations

M1

2018 c.16.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Amendment of subordinate legislation
  4. 2Amendment of the Rail Passengers' Rights and Obligations Regulations 2010
  5. 3Amendment of the Rail Passengers' Rights and Obligations (Exemptions) Regulations 2014
  6. 4Amendment of the Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017
  7. Part 3: Amendment of retained direct EU legislation
  8. 5Amendment of Regulation (EC) No 1371/2007
  9. 6Regulation 6
  10. 7Regulation 7
  11. 8Regulation 8
  12. 9Regulation 9
  13. 10Regulation 10
  14. 11Regulation 11
  15. 12Regulation 12
  16. 13Regulation 13
  17. 14Regulation 14
  18. 15Regulation 15
  19. 16Regulation 16
  20. 17Regulation 17
  21. 18Regulation 18
  22. 19Regulation 19
  23. 20Regulation 20
  24. Signature
  25. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018.

(2)

These Regulations come into force on exit day.

2Amendment of the Rail Passengers' Rights and Obligations Regulations 2010I1

The Rail Passengers' Rights and Obligations Regulations 2010 M1 are amended as follows—

(a)

in regulation 3(1), at the end of the definition of “the European Regulation” insert “as amended by the Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018”;

(b)

in regulation 13(1), omit “the purposes of Article 30(1) of”;

(c)

in regulation 18(1), (2), (3) and (4), for “under Article 30(2) of the European Regulation”, substitute “ about an alleged infringement of the European Regulation ”.

3Amendment of the Rail Passengers' Rights and Obligations (Exemptions) Regulations 2014I1

The Rail Passengers' Rights and Obligations (Exemptions) Regulations 2014 M1 are amended as follows—

(a)

in regulation 3, at the end of the definition of “the European Regulation” insert “as amended by the Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018”;

(b)

for regulation 4(1) substitute—

“(1)

Subject to paragraph (2), domestic rail passenger services are exempt from the provisions of the European Regulation.”.

4Amendment of the Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017I1

The Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017 M1 are amended as follows—

(a)

in regulation 2, at the end of the definition of “Regulation 1371/2007” insert “as amended by the Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018”;

(b)

for regulation 4(1), substitute—

“(1)

The Department for Infrastructure M2 is the body responsible for the enforcement of Regulation 1371/2007.”;

(c)

for regulation 5(1), substitute—

“(1)

The Consumer Council M3 is the designated body to which any passenger may submit a complaint about an alleged contravention of Regulation 1371/2007.”;

(d)

in regulation 7, omit “For the purposes of Article 32 of Regulation 1371/2007”.

5Amendment of Regulation (EC) No 1371/2007I1

Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations M1 is amended as follows.

6I1

In Article 2—

(a)

for paragraph (1), substitute—

“(1)

This Regulation shall apply to all rail journeys and services throughout the United Kingdom provided by railway undertakings to which regulation 5 of the Railway (Licensing of Railway Undertakings) Regulations 2005 M1, or regulation 43 of the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016 M2 apply.”;

(b)

omit paragraph 2;

(c)

in paragraph 3—

(i)

omit the words “On the entry into force of this Regulation,”,

(ii)

for “throughout the Community” substitute “ within the United Kingdom ”;

(d)

for paragraphs 4, 5, and 6 substitute “4. Exemptions from the provisions of this Regulation are provided for, in relation to Great Britain, under the Rail Passengers' Rights and Obligations (Exemption) Regulations 2014 M3”;

(e)

omit paragraph 7.

7I1

In Article 3—

(a)

in paragraph 1, for “a railway undertaking as defined in Article 2 of Directive 2001/14/EC and any other” substitute “ any ”;

(b)

in paragraph 4, for “Directive 2001/14/EC” substitute “ Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area ”;

(c)

in paragraph 5, for “a Member State” substitute “ the United Kingdom ”;

(d)

in paragraph 6, for “Article 2, points (2) and (3) of Directive 90/314/EEC”, substitute “ Article 3, points (8) and (9) of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/84/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC ”;

(e)

in paragraph 11, for “a Member State” substitute “the United Kingdom”; F1...

(f)

in paragraph 16, for “each Member State” substitute “the United Kingdom” F2; and

(g)

after paragraph 17 insert—

“(18)

“NTSN” has the meaning set out in regulation 2(1) of the Railways (Interoperability) Regulations 2011.”.

8I1

In Article 10—

F1(a)

for paragraph 2 substitute—

“2.

The NTSN relating to the subsystem ‘telematics applications for passenger services’ (the TAP NTSN) applies for the purposes of this Regulation.”;

F2(aa)

omit paragraph 3;

F3(b)

in paragraph 4, for “the TSI” substitute “the TAP NTSN”.

(c)

in paragraph 5, for “Directive 95/46/EC” substitute “ Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and the Data Protection Act 2018 M1 ”.

9I1

In Article 11 for “applicable national law”, substitute “ any enactment or rule of law ”.

10I1

In Article 12—

(a)

in paragraph 1, for “in Article 9 of Directive 95/18/EC” substitute—

“as regards—

(a)

Great Britain, in regulation 6 of, and paragraph 11 of Schedule 2 to, the Railway (Licensing of Railway Undertakings) Regulations 2005, and

(b)

Northern Ireland, in regulation 44 of, and paragraph 11 of Schedule 2 to, the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016,”;

(b)

omit paragraph 2.

11I1

In paragraph 2 of Article 13, for “EUR 21 000” substitute “ £18,000 ”.

12I1

In Article 17—

(a)

in paragraph 1, in the final sentence for “the territories in which the Treaty establishing the European Community is applied” substitute “ the United Kingdom ”,

(b)

in paragraph 3, for “EUR 4” substitute “ £3.50 ”.

13I1F1

In Article 21—

(a)

in paragraph 1, for “TSI” substitute “NTSN”;

(b)

after paragraph 2 insert—

“3.

In this Article “the NTSN for persons with reduced mobility” means the NTSN published for that purpose by the Secretary of State pursuant to regulation 3(B) of the Railways (Interoperability) Regulations 2011.”.

14I1

In Article 22, omit paragraph 2.

15I1

In paragraph 2 of Article 28, omit the final sentence.

16I1

In Article 29—

(a)

in paragraph 1, for “Commission in all official languages of European Union Institutions” substitute, “ Secretary of State ”; and

(b)

in paragraph 2, for “by Member States pursuant to Article 30”, substitute—

“as regards—

(a)

Great Britain, under regulations 13(1) and 18(1) and (3) of the Rail Passengers' Rights and Obligations Regulations 2010 M1, and

(b)

Northern Ireland, under regulations 4(1) and 5(1) of the Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017 M2.”.

17I1

In Article 30—

(a)

for Article 30(1), substitute—

“(1)

Regulation 13 of the Rail Passengers' Rights and Obligations Regulations 2010 designates the body responsible for enforcement of this Regulation in Great Britain and regulation 4 of the Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017 designates the body responsible for enforcement of this Regulation in Northern Ireland.”;

(b)

for Article 30(2), substitute—

“(2)

Each passenger may complain about an alleged infringement of this Regulation in Great Britain—

(a)

to the body designated under regulation 13 of the Rail Passengers' Rights and Obligations Regulations 2010, or

(b)

to a body designated under regulation 18 of those Regulations in relation to matters falling within that body's functions under any enactment (other than regulation 18).

(3)

Each passenger may complain about an alleged infringement of this Regulation in Northern Ireland—

(a)

to the body designated under regulation 4 of the Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017, or

(b)

to the body designated under regulation 5 of those Regulations.”.

18I1

Omit Article 31.

19I1

For Article 32 substitute—

“The Rail Passengers' Rights and Obligations Regulations 2010 lay down rules on penalties applicable to the infringement of the provisions of this Regulation in Great Britain and the Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017 lay down rules on penalties applicable to the infringement of the provisions of this Regulation in Northern Ireland.”.

20I1

Omit Articles 33 to 37.

Signature

Signed by authority of the Secretary of State for Transport

Jo Johnson

Minister of State and Minister for London

Department for Transport

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the 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 arising from the withdrawal of the United Kingdom from the European Union (in particular under paragraphs (b), (c), (d) and (g) of section 8(2)), and in exercise of the powers conferred by section 23(1) and (2) of, and paragraph 21 of Schedule 7 to, that Act, to make consequential and incidental amendments.

These Regulations amend Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations (OJ No L 315, 3.12.2007, p.14) to ensure that that Regulation will operate effectively after the United Kingdom leaves the European Union. Amendments made include deletion of references to Member States, obligations on the European Commission and amounts of money in Euros, none of which will operate effectively after exit day. These Regulations also make consequential amendments to the Rail Passengers' Rights and Obligations Regulations 2010, the Rail Passengers' Rights and Obligations (Exemption) Regulations 2014 and the Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017. These Regulations provide for the enforcement of Regulation 1371/2007 and (in the case of the 2014 Regulations) make provision for certain exemptions in Great Britain.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum has been produced for this instrument and is published alongside this instrument at www.legislation.gov.uk.