{
  "url": "https://openlegislation.uk/railways-safety-access-management-and-interoperability-miscellaneous-amendments-and-transitional-provision-eu-exit-regulations-2019/regulation-10",
  "json_url": "https://openlegislation.uk/railways-safety-access-management-and-interoperability-miscellaneous-amendments-and-transitional-provision-eu-exit-regulations-2019/regulation-10.json",
  "legislation": "uksi/2019/1310",
  "legislation_title": "The Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/railways-safety-access-management-and-interoperability-miscellaneous-amendments-and-transitional-provision-eu-exit-regulations-2019",
  "path": "regulation/10",
  "kind": "regulation",
  "number": "10",
  "heading": "Amendment to Commission Implementing Regulation (EU) 2017/2177 on access to service facilities and rail-related services",
  "text": "(1) Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services is amended as follows.\n(2) In Article 1 (subject matter)—\n(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 ”;\n(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 ”;\n(c) omit the third sentence.\n(3) In Article 2 (exemptions)—\n(a) in paragraphs 1 and 4, for “regulatory body”, substitute “ Office of Rail and Road ”;\n(b) in paragraphs 2, 3 and 5, for “Regulatory bodies” substitute “ The Office of Rail and Road ”;\n(c) in paragraph 3, for “their website” substitute “ its website ”.\n(4) In Article 3 (definitions)—\n(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 ”;\n(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 ”;\n(c) in point (7), for “national railway transport services markets” substitute “ railway transport services markets in the United Kingdom ”;\n(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”;\n(e) after point (11) insert—\n“(12) ‘2016 GB Regulations’ means the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016;\n(13) ‘2016 NI Regulations’ means the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016. ”.\n(5) In Article 5 (publication of service facility description)—\n(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 ”;\n(b) in paragraph 2—\n(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 ”;\n(ii) for “regulatory bodies” substitute “ the Office of Rail and Road ”;\n(c) in paragraph 4, for “regulatory body” substitute “ Office of Rail and Road ”.\n(6) In Article 6 (additional information)—\n(a) in paragraph 1, for “regulatory body” substitute “ Office of Rail and Road ”;\n(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 ”.\n(7) In Article 7—\n(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 ”;\n(b) in paragraph 2—\n(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”;\n(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 ”;\n(c) in paragraph 4, for “regulatory body” substitute “ Office of Rail and Road ”.\n(8) In Article 9 (response to requests)—\n(a) in paragraph 1—\n(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 ”;\n(ii) for “regulatory body substitute “ Office of Rail and Road ”;\n(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 ”;\n(b) in paragraph 3—\n(i) for “Regulatory bodies” substitute “ The Office of Rail and Road ”;\n(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 ”;\n(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 ”;\n(c) in paragraph 4—\n(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 ”;\n(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 ”;\n(iii) for “regulatory bodies” in the first place it occurs, substitute “ the Office of Rail and Road ”;\n(iv) for “Where regulatory bodies have” substitute “ Where the Office of Rail and Road has ”;\n(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 ”;\n(vi) for “regulatory body” substitute “ Office of Rail and Road ”;\n(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 ”;\n(d) in paragraph 5—\n(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 ”;\n(ii) for “regulatory body” substitute “ Office of Rail and Road ”;\n(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 ”;\n(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 ”.\n(9) In Article 10 (coordination procedure)—\n(a) in paragraph 1—\n(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 ”;\n(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 ”;\n(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 ”;\n(c) in paragraph 4, for “regulatory body” substitute “ Office of Rail and Road ”;\n(d) in paragraph 5—\n(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 ”;\n(ii) for “regulatory body” substitute “ Office of Rail and Road ”.\n(10) In Article 12 (viable alternatives)—\n(a) in paragraph 1—\n(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 ”;\n(ii) for “regulatory body”, in the first place it occurs, substitute “ Office of Rail and Road ”;\n(iii) omit the second sentence;\n(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 ”;\n(c) in paragraph 3 for “in other Member States” substitute “ in locations outside the United Kingdom ”.\n(11) In Article 13 (refusal of access)—\n(a) in paragraph 1—\n(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 ”;\n(ii) for “regulatory body” substitute “ Office of Rail and Road ”;\n(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 ”;\n(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 ”;\n(c) in paragraph 4, for “regulatory body” substitute “ Office of Rail and Road ”.\n(12) In Article 14 (complaints)—\n(a) for “the regulatory body” substitute “ the Office of Rail and Road ”;\n(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 ”;\n(c) for “that regulatory body” substitute “ the Office of Rail and Road ”;\n(d) for “in other Member States” substitute “ in locations outside the United Kingdom ”.\n(13) In Article 15 (unused facilities)—\n(a) in paragraph 3—\n(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 ”;\n(ii) for “regulatory body” substitute “ Office of Rail and Road ”;\n(b) in paragraph 6, for “regulatory body”, in both places it occurs, substitute “ Office of Rail and Road ”;\n(c) in paragraph 7—\n(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 ”;\n(ii) for “regulatory body” substitute “ Office of Rail and Road ”;\n(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 ”;\n(e) in paragraph 10—\n(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 ”;\n(ii) for “regulatory body” substitute “ Office of Rail and Road ”.\n(14) Omit Article 16 (review).\n(15) After Article 17 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "S.I. 2016/645, amended by S.I. 2019/82 and prospectively amended by S.I. 2019/518."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "S.R 2016 No. 429, amended by SR 2016 No. 15 and prospectively amended by S.I. 2019/826."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(d)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/1310/regulation/10",
    "retrieved_at": "2026-10-28T22:37:01.658435+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}