OpenLegislation

The Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019 in Northern Ireland

S.I. 2019/1310 · Made 7 October 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Health And Safety

Transport

Made at 12.06 p.m. on 7th October 2019

Laid before Parliament at 4.00 p.m. on 7th October 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M2.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to railways and railway transport M3.

The Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Marginal citations

M1

1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

M2

2018 c. 16

M3

S.I. 1996/266, to which there are amendments not relevant to these Regulations.

Contents

  1. Part
  2. Part 1: Introduction
  3. 1Citation and commencement
  4. 2Extent
  5. Part 2: Amendments to subordinate legislation
  6. 4Amendments to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016
  7. 5Amendments to the Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019
  8. 6Amendments to the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019
  9. 8Amendments to the Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019
  10. Part 3: Amendments to retained direct EU legislation
  11. 9Amendments to Commission Implementing Regulation (EU) No 869/2014 on new rail passenger services
  12. 10Amendment to Commission Implementing Regulation (EU) 2017/2177 on access to service facilities and rail-related services
  13. 12Amendments to Commission Delegated Regulation (EU) 2018/761 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012 in respect of Northern Ireland
  14. 13Amendment to Commission Implementing Regulation 2018/1795 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council
  15. Signature
  16. Schedule 2: Amendments to Schedule to the Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019
  17. 1Paragraph 1
  18. 2Paragraph 2
  19. 3Paragraph 3
  20. 4Paragraph 4
  21. 5Paragraph 5
  22. Schedule 3: Flowchart to be inserted into Commission Delegated Regulation (EU) 2018/761
  23. Paragraph
  24. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019.

(2)

These Regulations come into force as follows—

(a)

Part 1 comes into force the day after the day on which these Regulations are made;

(b)

regulations 3 and 4 come into force on the 21st day after the day on which these Regulations are made;

(c)

regulations 5 to 8 and Schedules 1 and 2 come into force immediately before exit day;

(d)

the remaining provisions come into force on exit day.

2ExtentI1

(1)

These Regulations extend as follows.

(2)

This Part, regulations 5, 6, 9, 10, 13 and Schedule 3 extend to Great Britain and Northern Ireland.

(3)

Regulations 3, 7(1) to (4) and (8), 11 and Schedule 1 extend to Great Britain only.

(4)

Regulations 4, 7(5) to (7), 8, 12 and Schedule 2 extend to Northern Ireland only.

4Amendments to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016I1 N.I.

(1)

The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016 M1 are amended as follows.

(2)

In regulation 5 (access to services), for paragraph (13), substitute—

“(13)

Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 M2 on access to service facilities and rail-related services sets out details of the procedure and criteria to be followed for access to the services and service facilities referred to in paragraphs 2, 3 and 4 of Schedule 2.”.

5Amendments to the Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019I1

(1)

The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 M1 are amended as follows.

(2)

In regulation 25 (revocation of retained EU law), omit paragraph (b).

(3)

In regulation 41(Commission Implementing Regulation (EU) No 869/2014 of 11 August 2014 on new rail passenger services), sub-paragraph (c)(ii), at the end, insert “and for “ their decision ” substitute “its decision” ”.

(4)

In regulation 68 (Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity), in sub-paragraph (a)(i), for “regulation 23(4) to (10), (9) and (10) of the 2016 GB Regulations” substitute “ regulation 23(1) to (3), (9) and (10) of the 2016 GB Regulations ”.

(5)

For regulation 82 (Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council) substitute—

“

82

In Article 9 (procedure for the economic equilibrium test), before “point 3 of Annex VII to Directive 2012/34/EU” in each place it occurs, insert “paragraph 3 of Schedule 4 to the 2016 GB Regulations or, in Northern Ireland,”.”

6Amendments to the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019I1

(1)

The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 M1 are amended as follows.

(2)

In regulation 2 (amendments to the Railways (Interoperability) Regulations 2011)—

(a)

in paragraph (13)(c), in the new paragraph 9(b), for “after” substitute “ on or after ”;

(b)

F1in paragraph (27), in the new regulation 23—

(i)

in paragraph (2)(a), after “before” insert “ , on ”;

(ii)

in paragraph (4), for “after exit day” substitute “ on or after exit day ”.

8Amendments to the Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019I1 N.I.

(1)

The Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 M1 are amended as follows

(2)

In the Schedule (schedules to be inserted in the Railways (Safety Management) Regulations (Northern Ireland) 2006), the new Schedule 7 to the Railways (Safety Management) Regulations (Northern Ireland) 2006 is amended in the manner set out in Schedule 2 to these Regulations.

9Amendments to Commission Implementing Regulation (EU) No 869/2014 on new rail passenger servicesI1

In Commission Implementing Regulation (EU) No 869/2014 of 11 August 2014 on new rail passenger services, in Article 18 (fees), for “Member States or, where appropriate, regulatory bodies” substitute “ The Office of Rail and Road ”M1 .

10Amendment to Commission Implementing Regulation (EU) 2017/2177 on access to service facilities and rail-related servicesI1

(1)

Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services is amended as follows.

(2)

In Article 1 (subject matter)—

(a)

for “points 2, 3 and 4 of Annex II to Directive 2012/34” substitute “ paragraphs 2, 3 and 4 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraphs 2, 3 and 4 of Schedule 1 to the 2016 NI Regulations ”;

(b)

after “railway undertakings”, in the first place it occurs, insert “ and any other entities who are entitled to request access to service facilities and rail related services ”;

(c)

omit the third sentence.

(3)

In Article 2 (exemptions)—

(a)

in paragraphs 1 and 4, for “regulatory body”, substitute “ Office of Rail and Road ”;

(b)

in paragraphs 2, 3 and 5, for “Regulatory bodies” substitute “ The Office of Rail and Road ”;

(c)

in paragraph 3, for “their website” substitute “ its website ”.

(4)

In Article 3 (definitions)—

(a)

in point (1), for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(b)

in point (2), for “points 2, 3 and 4 of Annex II to Directive 2012/34” substitute “ paragraphs 2, 3 and 4 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraphs 2, 3 and 4 of Schedule 1 to the 2016 NI Regulations ”;

(c)

in point (7), for “national railway transport services markets” substitute “ railway transport services markets in the United Kingdom ”;

(d)

in point (10), for “Article 48(1) of Directive 2012/34/EU” substitute regulation 24(1) of the 2016 GB Regulations or, as the case may be, regulation 24(1) of the 2016 NI Regulations”;

(e)

after point (11) insert—

“(12)

‘2016 GB Regulations’ means the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016; M1

(13)

‘2016 NI Regulations’ means the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016. M2”.

(5)

In Article 5 (publication of service facility description)—

(a)

in paragraph 1, for “Article 2(3) or (4) of Directive 2012/34/EU” substitute “ regulation 4(6) and (7) of the 2016 GB Regulations or, as the case may be, regulation 3(6) and (7) of the 2016 NI Regulations ”;

(b)

in paragraph 2—

(i)

for “Article 27(4) of Directive 2012/34/EU” substitute “ regulation 13(9) of the 2016 GB Regulations or, as the case may be, regulation 13(9) of the 2016 NI Regulations ”;

(ii)

for “regulatory bodies” substitute “ the Office of Rail and Road ”;

(c)

in paragraph 4, for “regulatory body” substitute “ Office of Rail and Road ”.

(6)

In Article 6 (additional information)—

(a)

in paragraph 1, for “regulatory body” substitute “ Office of Rail and Road ”;

(b)

in paragraph 2, for “points 2(a) to (g) of Annex II to Directive 2012/34/EU” substitute “ paragraph 2(b) to (i) of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2(b) to (h) of Schedule 1 to the 2016 NI Regulations ”.

(7)

In Article 7—

(a)

in paragraph 1, for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(b)

in paragraph 2—

(i)

for “point 2 of Annex II to Directive 2012/34/EU” substitute, in both places the words occur, “paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations”;

(ii)

for “points 3 and 4 of Annex II to Directive 2012/34” substitute “ paragraphs 3 and 4 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraphs 3 and 4 of Schedule 1 to the 2016 NI Regulations ”;

(c)

in paragraph 4, for “regulatory body” substitute “ Office of Rail and Road ”.

(8)

In Article 9 (response to requests)—

(a)

in paragraph 1—

(i)

for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(ii)

for “regulatory body substitute “ Office of Rail and Road ”;

(iii)

for “Article 13(4) of Directive 2012/34/EU” substitute “ regulation 6(3) of the 2016 GB Regulations or, as the case may be, regulation 5(3) of the 2016 NI Regulations ”;

(b)

in paragraph 3—

(i)

for “Regulatory bodies” substitute “ The Office of Rail and Road ”;

(ii)

for “Article 13(4) of Directive 2012/34/EU” substitute “ regulation 6(3) of the 2016 GB Regulations or, as the case may be, regulation 5(3) of the 2016 NI Regulations ”;

(iii)

for “Article 27(4) of Directive 2012/34/EU” substitute “ regulation 13(9) of the 2016 GB Regulations or, as the case may be, regulation 13(9) of the 2016 NI Regulations ”;

(c)

in paragraph 4—

(i)

for “points (a) to (d) and (f) to (i) of point 2 of Annex II”, in both places the words occur, substitute “ paragraph 2(a) to (f) and (h) to (j) of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2(a) to (f), (h) and (i) of Schedule 1 to the 2016 NI Regulations ”;

(ii)

for “Article 13(4) of Directive 2012/34/EU” substitute “ regulation 6(3) of the 2016 GB Regulations or, as the case may be, regulation 5(3) of the 2016 NI Regulations ”;

(iii)

for “regulatory bodies” in the first place it occurs, substitute “ the Office of Rail and Road ”;

(iv)

for “Where regulatory bodies have” substitute “ Where the Office of Rail and Road has ”;

(v)

for “Article 48(1) of Directive 2012/34/EU”, and for “Article 48(1) of the Directive”, substitute “ regulation 24(2) of the 2016 GB Regulations or, as the case may be, regulation 24(2) of the 2016 NI Regulations ”;

(vi)

for “regulatory body” substitute “ Office of Rail and Road ”;

(vii)

for “point (e) of point 2 of Annex II” substitute “ paragraph 2(g) of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2(g) of Schedule 1 to the 2016 NI Regulations ”;

(d)

in paragraph 5—

(i)

for “points 3 and 4 of Annex II to Directive 2012/34” substitute “ paragraphs 3 and 4 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraphs 3 and 4 of Schedule 1 to the 2016 NI Regulations ”;

(ii)

for “regulatory body” substitute “ Office of Rail and Road ”;

(iii)

for “points 3 and 4 of Annex II” substitute “ paragraphs 3 and 4 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraphs 3 and 4 of Schedule 1 to the 2016 NI Regulations ”;

(iv)

for “point (e) of point 4 of Annex II” substitute “ paragraph 4(e) of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 4(e) of Schedule 1 to the 2016 NI Regulations ”.

(9)

In Article 10 (coordination procedure)—

(a)

in paragraph 1—

(i)

for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(ii)

for “points 3 and 4 of Annex II to Directive 2012/34” substitute “ paragraphs 3 and 4 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraphs 3 and 4 of Schedule 1 to the 2016 NI Regulations ”;

(b)

in paragraph 2, for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(c)

in paragraph 4, for “regulatory body” substitute “ Office of Rail and Road ”;

(d)

in paragraph 5—

(i)

for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(ii)

for “regulatory body” substitute “ Office of Rail and Road ”.

(10)

In Article 12 (viable alternatives)—

(a)

in paragraph 1—

(i)

for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(ii)

for “regulatory body”, in the first place it occurs, substitute “ Office of Rail and Road ”;

(iii)

omit the second sentence;

(b)

in paragraph 2, for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(c)

in paragraph 3 for “in other Member States” substitute “ in locations outside the United Kingdom ”.

(11)

In Article 13 (refusal of access)—

(a)

in paragraph 1—

(i)

for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(ii)

for “regulatory body” substitute “ Office of Rail and Road ”;

(iii)

for “Article 13(5) of Directive 2012/34/EU” substitute “ regulation 32 of the 2016 GB Regulations or, as the case may be, regulation 32 of the 2016 NI Regulations ”;

(b)

in paragraph 3, for “Article 13(3) of Directive 2012/34/EU” substitute “ regulation 10(2) the 2016 GB Regulations or, as the case may be, regulation 10(2) of the 2016 NI Regulations ”;

(c)

in paragraph 4, for “regulatory body” substitute “ Office of Rail and Road ”.

(12)

In Article 14 (complaints)—

(a)

for “the regulatory body” substitute “ the Office of Rail and Road ”;

(b)

for “Article 13(5) of Directive 2012/34/EU” substitute “ regulation 32 of the 2016 GB Regulations or, as the case may be, regulation 32 of the 2016 NI Regulations ”;

(c)

for “that regulatory body” substitute “ the Office of Rail and Road ”;

(d)

for “in other Member States” substitute “ in locations outside the United Kingdom ”.

(13)

In Article 15 (unused facilities)—

(a)

in paragraph 3—

(i)

for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(ii)

for “regulatory body” substitute “ Office of Rail and Road ”;

(b)

in paragraph 6, for “regulatory body”, in both places it occurs, substitute “ Office of Rail and Road ”;

(c)

in paragraph 7—

(i)

for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(ii)

for “regulatory body” substitute “ Office of Rail and Road ”;

(d)

in paragraph 9, for “point 2 of Annex II to Directive 2012/34/EU” substitute “ paragraph 2 of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 2 of Schedule 1 to the 2016 NI Regulations ”;

(e)

in paragraph 10—

(i)

for the first sentence substitute “ Procedures for the regulatory control of decommissioning of service facilities which existed prior to the coming into force of this Regulation may continue to be used ”;

(ii)

for “regulatory body” substitute “ Office of Rail and Road ”.

(14)

Omit Article 16 (review).

(15)

After Article 17 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

12Amendments to Commission Delegated Regulation (EU) 2018/761 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012 in respect of Northern IrelandI1 N.I.

(1)

Commission Delegated Regulation (EU) 2018/761 of 16 February 2018 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012 is amended as follows in respect of Northern Ireland.

(2)

In Article 1 (subject matter) omit “referred to in point (c) of Article 6(1) of Directive (EU) 2016/798”.

(3)

In Article 2 (definition)—

(a)

omit point (a);

(b)

after point (b), insert—

“(c)

‘national safety authority’ has the meaning provided for “safety authority” in regulation 2 of the Railways (Safety Management) Regulations (Northern Ireland) 2006.”.

(4)

In Article 3 (supervision process), for paragraph 3, substitute—

“

3

For the purposes of supervision, the national safety authorities shall accept the authorisations, recognitions or certificates of products or services provided by railway undertakings and infrastructure managers, or their contractors, partners or suppliers, if granted or recognised in accordance with relevant legislation applying in any part of the United Kingdom on or after exit day, as proof of the ability of railway undertakings and infrastructure managers to fulfil any corresponding safety management system requirements set out in regulations 3(1)(a) and 4(1) to (3) of the Railways (Safety Management) Regulations (Northern Ireland) 2006.”.

(5)

After Article 10, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(6)

In Annex I—

(a)

in paragraph 5—

(i)

before “The national safety authority shall” insert subparagraph number 1;

(ii)

in the new subparagraph 1, at points (b) and (c), for “Member State” substitute “ geographical area of responsibility ” and, at point (e), omit “Agency acting as”;

(iii)

after the new subparagraph 1, insert—

“

2

For the purposes of subparagraph 1(e), “safety certification body” means the European Union Agency for Railways acting as a body responsible for issuing a single safety certificate under Article 10 of Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (recast) and “national safety authority” includes a safety authority established in a member State of the European Union under Article 16 of that Directive.”;

(b)

in paragraph 6—

(i)

in the introductory words, for “Member State” substitute “ a national ”;

(ii)

in subparagraph (c), for “its Member State” substitute “ the Department for Infrastructure in Northern Ireland ”.

(7)

Schedule 3 has effect.

13Amendment to Commission Implementing Regulation 2018/1795 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the CouncilI1

In Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council, in Article 13 (fees), omit the words “A Member State or”.

Signature

Signed by authority of the Secretary of State for Transport

Chris Heaton-Harris

Minister of State

Department for Transport

1I1 N.I.

In the Schedule to the Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019, the new Schedule 7 (common safety targets) to be inserted into the Railways (Safety Management) Regulations (Northern Ireland) 2006 is amended as follows.

2I1 N.I.

In paragraph 2, for the definition of “risk to whole”, substitute—

““risk to society as a whole” means the collective risk to all categories of persons listed in Article 7(4)(a) of the Directive;”.

3I1 N.I.

In paragraph 14, in the first column of the table—

(a)

for “Passengers” substitute “ Risks to passengers ”;

(b)

for “Employees” substitute “ Risks to staff or employees, including the staff of contractors ”;

(c)

for “Level crossing users” substitute “ Risks to level crossing users ”;

(d)

for “Others” substitute “ Risks to others ”;

(e)

for “Unauthorised persons on railway premises” substitute “ Risks to unauthorised persons on railway premises ”;

(f)

for “Whole society” substitute “ Risk to society as a whole ”.

4I1 N.I.

In paragraph 16, in the second column of the table—

(a)

for “Risks to employees” substitute “ Risks to staff or employees, including the staff of contractors ”;

(b)

for “Risks to persons classified as others” substitute “ Risks to others ”;

(c)

for “Societal risk” substitute “ Risk to society as a whole ”.

5I1 N.I.

In paragraph 17, for the words “Risk to employees” in the first column of the table, substitute “ Risks to staff or employees, including the staff of contractors ”.

I1

For the flowchart in the Appendix to Annex I of Commission Delegated Regulation (EU) 2018/761 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1077/2012, substitute the following flowchart.

“”

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c) and (g)) arising from the withdrawal of the UK from the European Union, and in exercise of powers conferred by section 2(2) of the European Communities Act 1972 (in respect of regulations 3 and 4).

These Regulations make amendments to legislation in the field of railway safety, access and management, including in relation to common safety targets, supervision of railway undertakings and infrastructure managers by safety authorities, risk evaluation and assessment, access to service facilities and rail-related services, and fees. Part 2 amends subordinate legislation, and Part 3 amends retained direct EU legislation.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum has been produced for this instrument and is published alongside this instrument at www.legislation.gov.uk