# The Railway (Licensing of Railway Undertakings) Regulations 2005, Regulation 5: Prohibition of unlicensed provision of services

Extent: E+W+S

(1) Subject 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 railway 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.
(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.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/2005/3050/regulation/5 (the official version)
Page: https://openlegislation.uk/railway-licensing-of-railway-undertakings-regulations-2005/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.