Regulation 4 Use of railway infrastructure
Subject to regulation 16 (transitional provisions) a person in control of any railway infrastructure shall not use it or permit it to be used for the operation of trains or stations unless—
he has prepared a safety case containing the particulars specified in Schedule 1 and, where that infrastructure is to be used for the operation of trains or stations by persons other than the infrastructure controller, Schedule 2;
the Executive has accepted that safety case;
where he is not the person operating those trains or stations, the person undertaking that operation has agreed in writing to comply with any reasonable request he may make as respects any aspect of the operation which affects or is likely to affect the performance of the health and safety duties of the person in control of the railway infrastructure; and
the person operating those trains or stations has complied with regulation 5(1).
An infrastructure controller who prepares a safety case shall—
procure the carrying out of an assessment of that safety case by an assessment body; and
obtain from that body a report of that assessment which shall include—
a recommendation as to whether in the view of that body the safety case should or should not be accepted;
where acceptance is recommended, a statement that in its view the case for health and safety is satisfactorily made out; and
where acceptance is not recommended, the reasons for that recommendation.
When submitting the safety case prepared pursuant to paragraph (1) to the Executive, the infrastructure controller shall send to the Executive a copy of the report of the assessment body relating to that safety case obtained under paragraph (2).
Where a person who prepares a safety case for the purpose of paragraph (1) has submitted a safety case to the Executive for acceptance, the Executive shall notify that person whether the safety case is accepted or not and, where the safety case is not accepted, give reasons for that decision.