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The Railways (Safety Management) (Amendment) Regulations (Northern Ireland) 2016

S.R. 2016/267 · Made 30 June 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Transport

Made 30th June 2016

Coming into operation 3rd October 2016

The Department for Infrastructuref1 being the Department designatedf2 for the purposes of section 2(2) of the European Communities Act 1972f3 in relation to measures relating to railways and railway transport, in exercise of the powers conferred by that section makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2016 c.5 (N.I.) section 1

f2

SI 1996/266

f3

1972 c.68

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of the Railways (Safety Management) Regulations (Northern Ireland) 2006
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Railways (Safety Management) (Amendment) Regulations (Northern Ireland) 2016 and shall come into operation on 3rd October 2016.

2Interpretation

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

3Amendment of the Railways (Safety Management) Regulations (Northern Ireland) 2006

(1)

The Railways (Safety Management) Regulations (Northern Ireland) 2006f1 are amended as follows–

(2)

In Regulation 2 (Interpretation), in paragraph (1) insert—

  • ““the Directive” means Directive 2004/49/EC of the European Parliament and of the Council on safety on the Community’s railwaysf2 and amending Council Directive 95/18/EC on the licensing of railway undertakingsf3 and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certificationf4 as amended by—

    1. (a)

      The Interoperability Directivef5;

    2. (b)

      Directive 2008/110/EC of the European Parliament and of the Council amending Directive 2004/49/EC on safety on the Community’s railwaysf6;

    3. (c)

      Commission Directive 2009/149/EC amending Directive 2004/49/EC of the European Parliament and of the Council as regards Common Safety Indicators and common methods to calculate accident costsf7; and

    4. (d)

      Commission Directive 2014/88/EU amending Directive 2004/49/EC of the European Parliament and of the Council as regards common safety indicators and common methods of calculating accident costsf8.”

(3)

In Regulation 18(1)(c) for “Schedule 3” substitute “Annex 1 (common safety indicators) of the Directive”.

(4)

Omit Schedule 3 (common safety indicators).

Signature

Sealed with the Official Seal of the Department for Infrastructure on 30th June 2016.

L.S.

Tom Reid

A senior officer of the Department for Infrastructure

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the provisions of the Railways (Safety Management) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 237) in order to implement Commission Directive 2014/88/EU amending Directive 2004/49/EC of the European Parliament and of the Council as regards common safety indicators and common methods of calculating accidents costs (O.J. No. L201 of 10.7.2014, p.9) (“the Directive”)

Directive 2004/49/EC of the European Parliament and of the Council on safety on the Community’s railways (O.J. No. L164, 30.4.2004, p44) sets out (in Annex 1 to that Directive) a number of common safety indicators (“CSIs”) which are harmonised measures used by all Member States to provide an overview of safety performance and monitor the development of safety in different Member States. Transport operators are required to report on statistics for these safety indicators under regulation 18 of the 2006 Regulations.

The 2014 Directive makes minor and technical amendments to the definition of some of the CSIs and to the related methodology to calculate the economic costs of accidents.

Regulation 3(2) inserts a definition of “the Directive”.

Regulation 3(3) amends regulation 18(1)(c) of the 2006 Regulations by substituting for the reference to Schedule 3 of the 2006 Regulations a reference to Annex 1 to Directive 2004/49/EC (as amended by the 2014 Directive). Consolidated texts of EU legislation which show changes made by successive amendments to the original EU legislation can be found at: http://eur-lex-europa.eu/collection/eu-law/consleg.html. A consolidated text of Directive 2004/49/EC (as amended by the 2014 Directive showing the new Annex 1) can be found at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02004L0049-20140730&qid=1446642002683&from=EN

Regulation 3(4) revokes Schedule 3 to the 2006 Regulations.