The Railway Safety (Miscellaneous Amendments) Regulations 2001

in the definition of “audit report”, for the words “paragraph 5(b)” there shall be substituted the words “paragraph 5(d)”;

in the definition of “railway”, at paragraph (b), for the words “construction work” there shall be substituted the words “a building operation or work of engineering construction”.

after the word “intervals”, for the word “or” there shall be substituted the word “of”;

in sub-paragraph (a), the words “and stations” shall be deleted and after the words “railway infrastructure” there shall be inserted the words “and the operation of trains or stations”.

for paragraph 11 there shall be substituted—

“11

Particulars of the arrangements the duty holder has established (with a view to ensuring the health and safety of persons) for managing work carried out by persons who are not his employees on or in relation to premises or plant which he owns or controls”;

in paragraph 15—

in paragraph 17(a), after the words “paragraph 5”, the word “(d)” shall be omitted.

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—

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).

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

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—

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—

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.

These Regulations amend the Railways (Safety Case) Regulations 2000 (S.I. 2000/2688) (“the 2000 Regulations”), the Railways Regulations 1998 (S.I. 1998/1340) and the Railway Safety Regulations 1999 (S.I. 1999/2244). The principal amendments made by these Regulations are as follows.

Regulations 6 and 10 bring regulations 7(3) and 16(3)(b) of the 2000 Regulations in line with regulation 5(2) of those Regulations, by requiring a revision to a safety case to be submitted to the relevant infrastructure controller at the same time that it is submitted to the Health and Safety Executive (“the Executive”).

Regulation 9(b) amends regulation 9 of the 2000 Regulations to extend the duty on infrastructure controllers to procure 12 monthly audits by an assessment body to cover, additionally, their train operations.

Regulation 11(b) amends paragraph 15 of Schedule 1 to the 2000 Regulations by including a requirement on railway operators who operate trains to include in their railway safety case particulars of the arrangements which they have established for the provision of equipment and arrangements for escape of persons in an emergency from trains operated by them. Detailed transitional arrangements covering safety cases or revisions to safety cases which do not already include particulars of such arrangements are included at regulation 12.

Regulations 14-16 amend regulation 13(2)(a)(i) of the Railways Regulations 1998 to reflect the fact that a railway undertaking or international grouping may have prepared a safety case under either the Railways (Safety Case) Regulations 1994 or the 2000 Regulations and that a safety case may have been accepted either by a relevant infrastructure controller or by the Executive.

Regulation 17 changes the reference to line speed in the Railway Safety Regulations 1999 from imperial to the equivalent metric unit of measurement.

A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Railways Directorate, Department of Transport, Local Government and the Regions, Zone 3/29 Great Minster House, 76 Marsham Street, London, SW1P 4DR. A copy has been placed in the library of each House of Parliament.