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Regulation 12 Transitional provisions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a railway operator who operates trains has had a safety case accepted by the Executive under regulation 5(1)(b) of the Railways (Safety Case) Regulations 2000 which does not include particulars of the arrangements specified in paragraph 15(d) of Schedule 1 to those Regulations, that operator shall—

(a)

prepare a revision to that safety case which shall include particulars of those arrangements; and

(b)

submit the revision to the Executive and at the same time, unless he is the relevant infrastructure controller, to the relevant infrastructure controller not later than 3 months after the coming into force of these Regulations.

(2)

Subject to paragraph (3), where a railway operator who operates trains has submitted a safety case to the Executive pursuant to regulation 5(2) of the Railways (Safety Case) Regulations 2000, and that safety case has not been accepted under regulation 5(1)(b) of those Regulations, before these Regulations come into force, and that safety case does not include particulars of the arrangements specified in paragraph 15(d) of Schedule 1 to those Regulations, the Executive may nonetheless accept the safety case under the said regulation 5(1)(b).

(3)

Where a safety case has been accepted as described in paragraph (2), the railway operator shall—

(a)

prepare a revision to that safety case which shall include particulars of the arrangements specified in paragraph 15(d) of Schedule 1 to the Railways (Safety Case) Regulations 2000; and

(b)

submit the revision to the Executive and at the same time, unless he is the relevant infrastructure controller, to the relevant infrastructure controller not later than 3 months after the date of acceptance.

(4)

Where a railway operator who operates trains has submitted a revision to a safety case pursuant to regulation 16(2)(b) or regulation 16(3)(b) of the Railways (Safety Case) Regulations 2000 which does not include particulars of the arrangements specified in paragraph 15(d) of Schedule 1 to those Regulations, that operator shall—

(a)

prepare a further revision to that safety case which shall include particulars of those arrangements; and

(b)

submit the further revision to the Executive and at the same time, unless he is the relevant infrastructure controller, to the relevant infrastructure controller not later than 3 months after the coming into force of these Regulations.

(5)

Where a railway operator who operates trains is required to submit a revision to a safety case pursuant to regulation 16(2)(b) or regulation (16)(3)(b) of the Railways (Safety Case) Regulations 2000, he shall submit that part of the revision which includes particulars of the arrangements specified in paragraph 15(d) of Schedule 1 to those Regulations by the later of either—

(a)

the date by which the revision is required; or

(b)

within 3 months of the coming into force of these Regulations.

(6)

In this regulation, “the Executive”, “railway operator”, “the relevant infrastructure controller” and “safety case” have the meanings assigned to them by regulation 2(1) of the Railways (Safety Case) Regulations 2000.