Regulation 5 Prohibition of unlicensed provision of services

England, Wales and Scotland

(1)

F1Subject to paragraph (1A), where a person is a railway undertaking to which these Regulations apply, that person shall not provide a train service in Great Britain unless he is authorised to do so by a F2railway undertaking licence which is appropriate for that train service, and any person who provides such a service without such a licence shall be guilty of an offence.

F3(1A)

A person that is a railway undertaking to which these Regulations apply may provide a Channel Tunnel service if the person holds a European licence that would be appropriate for that service if the United Kingdom were an EEA state.

(2)

Any person who is guilty of an offence under this regulation shall be liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to a fine.

(3)

No proceedings shall be instituted in England and Wales in respect of an offence under this regulation except by or on behalf of the ORR.

F4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in reg. 5(1) inserted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 5(a)
F2: Words in reg. 5(1) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 7(a) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)
F3: Reg. 5(1A) inserted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 5(b)
F4: Reg. 5(4) omitted (31.12.2020) by virtue of The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 7(b) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part 2

Textual amendments

F1: Words in Pt. 2 heading substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 6 (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)