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The Railways (Interoperability) Regulations 2011

S.I. 2011/3066 · Made 22 December 2011 · Extends to United Kingdom

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

Transport

Railways

Made 22nd December 2011

Laid before Parliament 23rd December 2011

Coming into force 16th January 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, read with paragraph 1A of Schedule 2 to, the European Communities Act 1972 M1 and section 247 of the Transport Act 2000 M2.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments M3 to be construed as a reference to those provisions as amended from time to time.

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 M4.

Annotations to the whole text

Marginal citations

M1

1972 c.68; section 2(2) is amended, and paragraph 1A of Schedule 2 is inserted, by the Legislative and Regulatory Reform Act 2006 (c.51, sections 27(1)(a) and 28) and both are amended by the European Union (Amendment) Act 2008 (c.7, Part 1 of the Schedule).

M2

2000 c.38.

M3

See definition of trans-European rail system in regulation 2(1) and regulations 6(11), 8(6), 35(3)(b) and 36(7).

M4

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

Contents

  1. Part 1: Interpretation and Application
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Application
  5. 3AAppointment and obligations of an authorised representative
  6. Part 1A: National Technical Specification Notices and National Technical Rules
  7. 3BPublication of National Technical Specification Notices
  8. 3CPublication of a list of National Technical Rules
  9. Part 2: Subsystems
  10. 4Requirement for authorisation
  11. 5Application for authorisation
  12. 6Authorisation for a vehicle already authorised for an EU Member State
  13. 7Authorisation decision
  14. 8Determination of type
  15. 9Type authorisation
  16. 10Type authorisation: changes to applicable standards
  17. 11Revocation of authorisations
  18. 12List of projects for the renewal or upgrading of subsystems
  19. 13Authorisation requirements for the renewal or upgrading of subsystems
  20. 14Exemption from need to conform with NTSNs (exemptions)
  21. 14AApplication for exemptions
  22. 15Essential requirements for project subsystems
  23. 16Role of project entity
  24. 17Project subsystems: UK verification assessment procedure
  25. 18Project subsystems: UK declaration of verification
  26. 19Retention of documents
  27. 20Continuing duty on operator in relation to standards
  28. 21Fees payable to the Safety Authority
  29. 22Fees payable to the Competent Authority
  30. Part 3: Interoperability Constituents
  31. 23Prohibition on placing interoperability constituents on the market
  32. 24Assessment procedure for interoperability constituents
  33. 25UK declaration of conformity or suitability for use
  34. 26Effect of declarations of conformity or suitability for use
  35. 27Duties on operators
  36. 28Recognition of assessments of other Member States Repealed
  37. 29Notification to the European Commission of incorrect declaration
  38. Part 4: Approved and Designated Bodies
  39. 30Approved bodies
  40. 31Appointment of approved bodies and designated bodies
  41. 32Approved bodies and designated bodies: certificates etc.
  42. 33Fees of approved bodies and designated bodies
  43. 34Fees of the Secretary of State
  44. 34ARegister of approved bodies
  45. 34BUK national accreditation body
  46. Part 5: Registers
  47. 35Register of infrastructure
  48. 36National vehicle register
  49. Part 6: Appeals and Enforcement
  50. 37Appeals in Great Britain
  51. 38Appeals in Northern Ireland
  52. 39Enforcement in Great Britain
  53. 40Enforcement in Northern Ireland
  54. 41Notices relating to interoperability constituents not meeting the essential requirements
  55. 42Notice of improper drawing up of the EC or UK declaration of conformity or suitability for use for an interoperability constituent
  56. 43Defence of due diligence
  57. Part 7: Supplementary
  58. 44Deemed authorisation
  59. 45Accessibility for people with reduced mobility
  60. 46Dispensations
  61. 47Revocation and savings
  62. 47AFurther savings and transitional arrangements
  63. 48Amendments to legislation
  64. 49Review
  65. Signature
  66. Schedule 1: Amendments to legislation
  67. 1Paragraph 1
  68. 2Paragraph 2
  69. 3Paragraph 3
  70. Schedule 2: Essential Requirements
  71. (This Schedule substantially reproduces Annex III to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
  72. 1Paragraph 1
  73. 1.1Paragraph 1.1
  74. 1.2Paragraph 1.2
  75. 1.3Paragraph 1.3
  76. 1.4Paragraph 1.4
  77. 1.5Paragraph 1.5
  78. 1.6Paragraph 1.6
  79. 2Paragraph 2
  80. 2.1Paragraph 2.1
  81. 2.2Paragraph 2.2
  82. 2.3Paragraph 2.3
  83. 2.4Paragraph 2.4
  84. 2.5Paragraph 2.5
  85. 2.6Paragraph 2.6
  86. 2.7Paragraph 2.7
  87. Schedule 3: Subsystems
  88. (This Schedule substantially reproduces Annex II to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
  89. 1List of subsystems
  90. 2Description of the subsystems
  91. 2.1Paragraph 2.1
  92. 2.2Paragraph 2.2
  93. 2.3Paragraph 2.3
  94. 2.4Paragraph 2.4
  95. 2.5Paragraph 2.5
  96. 2.6Paragraph 2.6
  97. 2.7Paragraph 2.7
  98. 2.8Paragraph 2.8
  99. Schedule 4: UK verification assessment procedure for subsystems
  100. (This Schedule substantially reproduces Annex VI to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 2.1Paragraph 2.1
  104. 2.2Paragraph 2.2
  105. 2.3Paragraph 2.3
  106. 2.4Paragraph 2.4
  107. 2.5Paragraph 2.5
  108. 2.6Paragraph 2.6
  109. 2.7Paragraph 2.7
  110. 3Paragraph 3
  111. 3.1Paragraph 3.1
  112. 3.2Paragraph 3.2
  113. 3.3Paragraph 3.3
  114. 4Paragraph 4
  115. Schedule 5: UK declaration of verification of subsystems
  116. (This Schedule substantially reproduces Annex V to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
  117. 1Paragraph 1
  118. 2Paragraph 2
  119. 2.1Paragraph 2.1
  120. 2.2Paragraph 2.2
  121. 3Paragraph 3
  122. Schedule 6Model declaration of conformity to an authorised type of vehicle
  123. Schedule 7: UK declaration of conformity or suitability for use of interoperability constituents
  124. (This Schedule substantially reproduces Annex IV to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. Schedule 8: Minimum criteria which must be taken into account by the Secretary of State when approving bodies
  129. (This Schedule substantially reproduces Annex VIII to the Directive with amendments to correct deficiencies arising from the UK’s withdrawal from the European Union.)
  130. 1Paragraph 1
  131. 2Paragraph 2
  132. 3Paragraph 3
  133. 4Paragraph 4
  134. 5Paragraph 5
  135. 6Paragraph 6
  136. 7Paragraph 7
  137. Explanatory note