Regulation 9 Prohibition on operating trains without a statement of national regulatory provisions

England, Wales and Scotland

(1)

F1Subject to paragraph (4A), where a person is a railway undertaking to which these Regulations apply, that person may not provide train services in Great Britain unless (in addition to being authorised by a F2railway undertaking licence) he holds a valid statement of national regulatory provisions (“SNRP”).

(2)

Any person who provides such services without holding such a statement shall be guilty of an offence.

(3)

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, or

(b)

on conviction on indictment, to a fine.

(4)

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

F3(4A)

Paragraphs (1) to (4) do not apply where that person—

(a)

holds a European licence but not a railway undertaking licence; and

(b)

provides a Channel Tunnel service.

F4(5)

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

Annotations

Textual amendments

F1: Words in reg. 9(1) substituted (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), 7(2)
F2: Words in reg. 9(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), 11(a) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)
F3: Reg. 9(4A) 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), 7(3)
F4: Reg. 9(5) 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), 11(b) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)