Paragraph 11 Insurance Cover
England, Wales and Scotland
An applicant for a F1railway undertaking licence shall be considered to meet the requirement of insurance cover where, in accordance with the law of the United Kingdom or of any part of the United Kingdom and any relevant international law, the undertaking maintains adequate insurance cover, or has made arrangements having equivalent effect, covering its liabilities in the event of accident to passengers, luggage, freight, mail and third parties.
In determining whether adequate insurance cover is maintained, the ORR may take into account the specificities and risk-profile of different types of services, in particular of railway operations for cultural or heritage purposes.
In sub-paragraph (1), “relevant international law” means any provisions contained in any international agreement or arrangement to which the United Kingdom is a party and which have the force of law in the United Kingdom.
Insurance cover shall be considered to be “adequate” for the purposes of paragraph (1) if it has been approved by the ORR.
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 11(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), 18(b) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Sch. 2 para. 11(1A) inserted (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 39(11)(d) (with reg. 4)
Notes on Schedule 2
Textual amendments
- F1
Words in Sch. 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), 18(a) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)