OpenLegislation

The Office of Rail Regulation (Change of Name) Regulations 2015

S.I. 2015/1682 · Made 10 September 2015 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 16 October 2015.

Public Passenger Transport

Highways, England

Made 10th September 2015

Laid before Parliament 17th September 2015

Coming into force 16th October 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 15A of the Railways and Transport Safety Act 2003f1:

Annotations to the whole text

Footnotes

f1

2003 c.20. Section 15A was inserted by section 10(9) of the Infrastructure Act 2015 (c.7).

Contents

  1. 1Citation and commencement
  2. 2New name for the Office of Rail Regulation
  3. Signature
  4. Schedule: Change of name of the Office of Rail Regulation: consequential amendments
  5. Part 1: Amendments to primary legislation
  6. 1Railways Act 1993
  7. 2Railways and Transport Safety Act 2003
  8. 3Railways Act 2005
  9. 4Other enactments
  10. Part 2: Amendments to secondary legislation
  11. 5Railways Infrastructure (Access and Management) Regulations 2005
  12. 6Railways and Other Guided Transport Systems (Safety) Regulations 2006
  13. 7Railway Safety Levy Regulations 2006
  14. 8REACH Enforcement Regulations 2008
  15. 9Railways (Interoperability) Regulations 2011
  16. 10Other enactments
  17. Part 3: Amendments to Scottish and Welsh legislation
  18. 11Scotland
  19. 12Wales
  20. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Office of Rail Regulation (Change of Name) Regulations 2015.

(2)

These Regulations come into force on 16th October 2015.

2New name for the Office of Rail RegulationI1

(1)

The body corporate established under section 15 of the Railways and Transport Safety Act 2003 is to be known as the Office of Rail and Road.

(2)

The consequential amendments in the Schedule have effect.

Signature

Signed by authority of the Secretary of State for Transport

Andrew Jones

Parliamentary Under Secretary of State

Department for Transport

10th September 2015

1Railways Act 1993I1

In the following provisions of the Railways Act 1993f1 and, in the case of sections 4, 18, 19A, 67, 72, 74 and 80 in the headings preceding them, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

section 4f2 (general duties of the Secretary of State and the Office of Rail Regulation);

(b)

section 6(4)f3 (prohibition on unauthorised operators of railway assets);

(c)

section 7f4 (exemptions from section 6);

(d)

section 8f5 (licences);

(e)

section 9f6 (conditions of licences: general);

(f)

section 11(2)(b)f7 (assignment of licences);

(g)

section 12f8 (modification by agreement);

(h)

section 13f9 (modification of references to the CMA);

(i)

section 13Af10 (references under section 13: time limits);

(j)

section 14f11 (reports on modification references);

(k)

section 15f12 (modification following report);

(l)

section 15A(1)f13 (CMA’s power to veto modifications following report);

(m)

section 15B(2) and (5)f14 (making of modifications by CMA);

(n)

section 15C(2E), (2F) and (3)f15 (sections 15A and 15B: supplementary);

(o)

section 16(3)f16 (modification by order under other enactments);

(p)

section 16Af17 (provision, improvement and development of railway facilities);

(q)

section 16B(1)f18 (exemption of railway facilities from section 16A);

(r)

section 16Cf19 (making of applications for directions);

(s)

section 16Df20 (procedure for considering applications);

(t)

section 16Ef21 (decisions on applications: adequate reward);

(u)

section 16Ff22 (other provisions about decisions);

(v)

section 16Gf23 (directions: compliance, variation and revocation);

(w)

section 16Hf24 (code of practice);

(x)

section 16I(2)f25 (supplementary);

(y)

section 17(1) and (5)f26 (access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities);

(z)

section 18f27 (access agreements: contracts requiring the approval of the Office of Rail Regulation);

(aa)

section 19f28 (access agreements: contracts for the use, on behalf of the Secretary of State, of installations comprised in a network);

(bb)

section 19Af29 (review of access charges by Office of Rail Regulation);

(cc)

section 20f30 (exemption of railway facilities from sections 17, 18 and 22A);

(dd)

section 21f31 (model clauses for access contracts);

(ee)

section 22f32 (amendment of access agreements);

(ff)

section 22Af33 (directions to require amendment permitting more extensive use);

(gg)

section 22Cf34 (amendment: supplementary);

(hh)

section 24(3)f35 (exemption of passenger services from section 23(1));

(ii)

section 26(2)f36 (invitations to tender for franchises);

(jj)

section 55(5ZA)f37, (5A), (5AA)f38, (5D)(b)f39 and (10)(a)f40 (orders for securing compliance);

(kk)

section 56(2A)f41 (procedural requirements for section 55 orders);

(ll)

section 57A(5) to (7)f42 (penalties);

(mm)

section 57Bf43 (statement of policy);

(nn)

section 57C(3)f44 (procedural requirements for penalties);

(oo)

section 67f45 (competition functions of the Office of Rail Regulation);

(pp)

section 68f46 (investigatory functions);

(qq)

section 69f47 (general functions);

(rr)

section 71f48 (publication of information and advice);

(ss)

section 72f49 (keeping of register by the Office of Rail Regulation);

(tt)

section 73(7)f50 (keeping of register by the Secretary of State);

(uu)

section 73Af51 (keeping of register by the Scottish Ministers);

(vv)

section 74f52 (annual and other reports of the Office of Rail Regulation);

(ww)

section 76(5A)f53 (general railway duties of Passengers’ Council);

(xx)

section 80f54 (duty of certain persons to furnish information to the Secretary of State, the Scottish Ministers or the Office of Rail Regulation on request);

(yy)

section 95(1)f55 (power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes);

(zz)

section 118(1)(a), (3), (5) and (9)f56 (control of railways in time of hostilities, severe international tension or great national emergency);

(aaa)

section 145(2)(a)f57, (ga) and (gb)f58, (5)f59 and (6A)f60, (general restrictions on disclosure of information);

(bbb)

Schedule 4f61 (access agreements: applications for access contracts);

(ccc)

the following provisions of Schedule 4Af62 (review of access charges by Regulator)—

(i)

paragraphs 1 and 1A to 1Hf63,

(ii)

paragraphs 4 to 9f64, and

(iii)

paragraphs 11 to 16f65; and

(ddd)

paragraphs 7 to 10 of Schedule 6f66 (railway administration orders).

2Railways and Transport Safety Act 2003I1

In the following provisions of, and headings in, the Railways and Transport Safety Act 2003, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

the heading to Part 2 (Office of Rail Regulation);

(b)

section 15(1) (establishment);

(c)

section 62(1)(k) (public consultation);

(d)

the heading to, and paragraph 1(1) of, Schedule 1 (Office of Rail Regulation: constitution); and

(e)

Schedule 3 (abolition of rail regulator: savings).

3Railways Act 2005I1

In the following provisions of the Railways Act 2005f1, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

section 22(7)(b) and (9)(c) (proposal by service operator to discontinue non-franchised services);

(b)

section 23 (proposal by funding authority to discontinue non-franchised services);

(c)

section 24 (proposals to discontinue franchised or secured services);

(d)

section 25(6) (proposal to discontinue excluded services);

(e)

section 26 (proposal by operator to close passenger network);

(f)

section 27 (proposal by funding authority to close passenger network);

(g)

section 28 (proposal to discontinue operation of secured network);

(h)

section 29 (proposal by operator to close station);

(i)

section 30 (proposal by funding authority to close station);

(j)

section 31 (proposal to discontinue operation of secured station);

(k)

section 32 (references to the ORR);

(l)

section 33f2 (closure requirements);

(m)

section 34 (minor modifications);

(n)

section 36(6) (designation of experimental passenger services);

(o)

section 37(5) (discontinuance of experimental passenger services);

(p)

section 45(3(b)(iii) (interpretation of Part 4);

(q)

section 51 (ORR to assist and advise national authorities);

(r)

paragraphs 10(2), 24(2) and 26(2)(b) of Schedule 1 (transfer and abolition of functions);

(s)

the following provisions of Schedule 3 (transfer of safety functions)—

(i)

paragraph 1(5)(a) (railway safety purposes),

(ii)

paragraph 2f3 (ORR’s principal railway safety functions),

(iii)

paragraphs 4f4 to 6 (reports and investigations),

(iv)

paragraph 7f5 (ORR acting as agent of government departments and other public authorities),

(v)

paragraph 8 (government departments and other public authorities acting as agent of ORR),

(vi)

paragraph 10(1) and (2)f6 (co-operation with the HSC),

(vii)

paragraph 11 (information powers corresponding to section 27 of the 1974 Act), and

(viii)

paragraph 15 (interpretation);

(t)

paragraph 11 of Schedule 4 (reviews by ORR of access charges and licence conditions: commencement of Schedule);

(u)

paragraph 16(2)(a)f7 of Schedule 5 (admission of public to meetings); and

(v)

paragraph 34(1) of Schedule 10 (taxation provisions: interpretation of Schedule).

4Other enactmentsI1

In the following enactments and in the headings referred to, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

section 13(1A) and (12) of the Transport Act 1962f1 (the Boards’ powers of manufacture and production);

(b)

Schedule 2 to the Parliamentary Commissioner Act 1967f2 (departments etc. subject to investigation);

(c)

the following provisions of the Health and Safety at Work etc. Act 1974f3—

(i)

section 15(3B)f4 (health and safety regulations),

(ii)

section 18f5 (authorities responsible for enforcement of the relevant statutory provisions),

(iii)

section 43Af6 (railway safety levy), and

(iv)

section 50(1A)(a)f7 (regulations under the relevant statutory provisions);

(d)

Part II of Schedule 1 to the House of Commons Disqualification Act 1975f8 (bodies of which all members are disqualified);

(e)

section 1 of the Level Crossings Act 1983f9 (safety arrangements at level crossings);

(f)

section 101(2)(b) of the Telecommunications Act 1984f10 (general restrictions on disclosure of information);

(g)

section 74(2)(a) of the Airports Act 1986f11 (restriction on disclosure of information);

(h)

section 9E(2)(d) of the Company Directors Disqualification Act 1986f12 (disqualification for competition infringement: interpretation);

(i)

Schedule 15 to the Water Industry Act 1991f13 (disclosure of information);

(j)

Schedule 24 to the Water Resources Act 1991f14 (disclosure of information);

(k)

section 37(2) of the Deregulation and Contracting Out Act 1994f15 (power to repeal certain health and safety provisions);

(l)

the following provisions of the Channel Tunnel Rail Link Act 1996f16—

(i)

section 17f17 (access agreements),

(ii)

the cross-heading before section 21,

(iii)

section 21f18 (duties as to exercise of regulatory functions), and

(iv)

section 21Af19 (fees);

(m)

section 54(1)(e)f20 of the Competition Act 1998f21 (regulators);

(n)

the following provisions of the Greater London Authority Act 1999f22 and, in the case of section 228, the heading preceding it—

(i)

section 199(1)f23 (licence exemptions and facility exemptions),

(ii)

section 200(1) and (2)f24 (railway access contracts),

(iii)

section 228f25 (same person as PPP arbiter and Office of Rail Regulation: duties of staff),

(iv)

section 235(2)(b)f26 (restrictions on disclosure of information),

(v)

section 252B(1)(b)f27 (references to Committee in relation to railways),

(vi)

section 252C(5)f28 (action on investigation under section 252B), and

(vii)

paragraph 15(2)(a) of Schedule 18f29 (London Transport Users’ Committee);

(o)

section 105(5)(h) of the Utilities Act 2000f30 (general restrictions on disclosure of information);

(p)

the following provisions of, and headings in, the Transport Act 2000f31—

(i)

the heading to section 215,

(ii)

section 216f32 (assumption of certain functions of Office of Rail Regulation) and the heading preceding it,

(iii)

paragraph 3(2)(k)f33 of Schedule 9 (air traffic: information),

(iv)

paragraph 13(3)(a)f34 of Schedule 10 (competition test: functions and agreements relating to buses),

(v)

the heading to Schedule 17 (transfers to SRA from Office of Rail Regulation), and

(vi)

the heading to Part II of Schedule 26 (transfers to SRA from Franchising Director, Secretary of State and Office of Rail Regulation);

(q)

the following provisions of the Enterprise Act 2002f35—

(i)

section 136(7)(e) and (8)f36 (investigations and reports on market investigation references), and

(ii)

section 168(4)(h) and (j), and (5)(i)f37 (regulated markets);

(r)

section 24(5)(c) of the Legislative and Regulatory Reform Act 2006f38 (functions to which sections 21 and 22 apply);

(s)

the following provisions of the Regulatory Enforcement and Sanctions Act 2008f39—

(i)

section 73(2)(c) (functions to which section 72 applies), and

(ii)

Schedule 5 (designated regulators);

(t)

the following provisions of the Crossrail Act 2008f40—

(i)

section 22 (objective of ORR in relation to Crossrail),

(ii)

section 23 (duty of ORR to publish reports),

(iii)

section 30(5) (duty to co-operate), and

(iv)

section 54 (arbitration);

(u)

paragraph 4(2) of Schedule 6 of the Civil Aviation Act 2012f41 (restrictions on disclosing information);

(v)

the following provisions of the Enterprise and Regulatory Reform Act 2013f42—

(i)

section 52(4)(d) (power to remove concurrent competition functions of sectoral regulators),

(ii)

section 53(2)(c) (orders under section 52: procedural requirements), and

(iii)

paragraph 16(7)(d) of Schedule 4 (the Competition and Markets Authority);

(w)

the following provisions of the Energy Act 2013f43—

(i)

section 84(6) (investigations),

(ii)

section 89(8)(h) (provision of information or advice to relevant authorities),

(iii)

section 90(2)(a)(ii) (arrangements with government departments etc.), and

(iv)

paragraph 10(2)(h) of Schedule 9 (protected information: permitted disclosures and restrictions on use);

(x)

sections 10(1), 11(1), 12(1) and 13(1) of the Infrastructure Act 2015f44 (monitor); and

(y)

paragraph 8(1)(i) of Schedule 3 to the Consumer Rights Act 2015f45 (enforcement of the law on unfair contract terms and notices).

5Railways Infrastructure (Access and Management) Regulations 2005I1

In the following provisions of the Railways Infrastructure (Access and Management) Regulations 2005f1, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 2(3) (amendments, repeals, revocations and transitional provisions);

(b)

regulation 3(1) (interpretation);

(c)

regulation 5(5) (access rights);

(d)

regulation 6(4) (access to terminals and ports);

(e)

regulation 7(7) (access to services);

(f)

regulation 10 (business plans);

(g)

regulation 11 (network statement);

(h)

regulation 12 (establishing, determining and collecting charges);

(i)

regulation 13 (infrastructure costs and accounts);

(j)

regulation 16 (capacity allocation);

(k)

regulation 18(12) (framework agreements);

(l)

regulation 20(7) (scheduling and co-ordination);

(m)

regulation 22(3) (declaration of specialised infrastructure);

(n)

regulation 23(3) (congested infrastructure);

(o)

regulation 25(6) (capacity enhancement plan);

(p)

regulation 28 (regulatory body);

(q)

regulation 29 (appeals to the regulatory body);

(r)

regulation 29A (regulatory decisions concerning international passenger services);

(s)

regulation 30 (competition in the rail services market);

(t)

regulation 31 (provision of information to the regulatory body);

(u)

regulation 32(2) (the International Rail Regulator);

(v)

regulation 36(3) (civil proceedings); and

(w)

paragraph 2 of Schedule 3 (principles of access charging).

6Railways and Other Guided Transport Systems (Safety) Regulations 2006I1

In the following provisions of the Railways and Other Guided Transport Systems (Safety) Regulations 2006f1, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 2(1) (interpretation and application);

(b)

regulation 2A (determination of exclusion from the mainline railway);

(c)

regulation 5(7) (safety management system for the mainline railway);

(d)

regulation 7 (safety certificate);

(e)

regulation 8 (amended safety certificate);

(f)

regulation 9 (further safety certificate);

(g)

regulation 10 (safety authorisation);

(h)

regulation 11 (amended safety authorisation);

(i)

regulation 12 (further safety authorisation);

(j)

regulation 13 (notice of changes by holder of a safety certificate or a safety authorisation);

(k)

regulation 14 (direction to apply for an amended safety certificate or safety authorisation);

(l)

regulation 15 (revocation of safety certificate);

(m)

regulation 16 (revocation of safety authorisation);

(n)

regulation 17 (general provisions relating to safety certificates and safety authorisations);

(o)

regulation 18 (notification to the European Railway Agency regarding safety certificates and safety authorisations relating to the mainline railway);

(p)

regulation 20 (annual safety reports);

(q)

regulation 21 (sending, issuing, and keeping of documents and making them available for public inspection);

(r)

regulation 27 (appeals);

(s)

regulation 28 (offences);

(t)

regulation 29 (transitional provisions and savings);

(u)

regulation 30 (exemptions);

(v)

paragraph 2(c)(iv) of Schedule 1 (basic elements of the safety management system);

(w)

paragraph 1(b)(i)(aa) of Schedule 2 (information to be included for a mainline application);

(x)

paragraph 6(2) of Part 1 of Schedule 3 (indicators to calculate the economic impact of accidents); and

(y)

paragraph 4(4) of Part 2 of Schedule 3 (indicators relating to precursors of accidents).

7Railway Safety Levy Regulations 2006I1

In the following provisions of the Railway Safety Levy Regulations 2006f1 and, in the case of regulation 3 in the heading preceding it, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 3 (determination of matters by the Office of Rail Regulation);

(b)

regulation 4 (requests for information);

(c)

regulation 6 (assumptions);

(d)

regulation 7 (payment of the railway safety levy); and

(e)

regulation 8 (refunds).

8REACH Enforcement Regulations 2008I1

In the following provisions of the REACH Enforcement Regulations 2008f1 and, in the case of Part 5 of Schedule 3 and Part 2 of Schedule 6 in their headings, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 2(2) (interpretation);

(b)

regulation 6(1)(b) (health and safety enforcement);

(c)

Schedule 1 (table of REACH provisions);

(d)

paragraph 6 of Schedule 2 (functions of enforcing authorities);

(e)

Part 5 of Schedule 3 (health and safety enforcement: the Office of Rail Regulation);

(f)

paragraph 1 of Schedule 5A (placing asbestos-containing articles on the market);

(g)

Part 2 of Schedule 6 (powers of enforcement); and

(h)

Schedule 7 (authorisations).

9Railways (Interoperability) Regulations 2011I1

In the following provisions of the Railways (Interoperability) Regulations 2011f1, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 2(1) (interpretation);

(b)

regulation 36(10) (national vehicle register);

(c)

regulation 39 (enforcement in Great Britain);

(d)

regulation 41 (notices relating to interoperability constituents not meeting the essential requirements); and

(e)

regulation 42 (notice of improper drawing up of the EC declaration of conformity or suitability for use for an interoperability constituent).

10Other enactmentsI1

In the following enactments and in the headings referred to, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 8(3) of the Dangerous Substances (Notification and Marking of Sites) Regulations 1990f1 (enforcing authority);

(b)

regulation 2 of the Railway Safety (Miscellaneous Provisions) Regulations 1997f2 (interpretation);

(c)

regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1998f3 (local authorities to be enforcing authorities in some cases);

(d)

regulation 28(1) of the Working Time Regulations 1998f4 (enforcement);

(e)

regulation 2(1) of the Railway Safety Regulations 1999f5 (interpretation);

(f)

the following provisions of the Radiation (Emergency Preparedness and Public Information) Regulations 2001f6 and, in the case of regulation 18A, the heading preceding it—

(i)

regulation 18A (modifications relating to the Office of Rail Regulation), and

(ii)

regulation 18B(2)(b) (modifications relating to the Office of Nuclear Regulation);

(g)

regulation 16A of the Control of Substances Hazardous to Health Regulations 2002f7 (modifications relating to the Office of Rail Regulation) and the heading preceding it;

(h)

regulation 2(1) of the Control of Vibration at Work Regulations 2005f8 (interpretation);

(i)

article 26(3) of the Regulatory Reform (Fire Safety) Order 2005f9 (enforcement of order);

(j)

regulation 2(1) of the Control of Noise at Work Regulations 2005f10 (interpretation);

(k)

regulation 2(1) of the Railways (Accident Investigation and Reporting) Regulations 2005f11 (interpretation);

(l)

regulation 2(1) of the Railway (Licensing of Railway Undertakings) Regulations 2005f12 (interpretation);

(m)

the following provisions of the Channel Tunnel (International Arrangements) Order 2005f13 and, in the case of article 4A, the heading preceding it—

(i)

article 2 (interpretation), and

(ii)

article 4A (role of the Office of Rail Regulation);

(n)

regulation 5 of the Railways (Access to Training Services) Regulations 2006f14 (appeal to the regulatory body);

(o)

the following provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006f15 and, in the case of regulation 5A, the heading preceding it—

(i)

regulation 3 (enforcing authority),

(ii)

regulation 4(4) (exceptions),

(iii)

regulation 5A (assignment of responsibility for enforcement in cases of uncertainty: the Office of Rail Regulation), and

(iv)

regulation 7 (transitional provisions);

(p)

row 25 of the table in Schedule 5 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006f16 (those to be served with a copy of the application and documents);

(q)

article 15 of the London Gateway Logistics and Commercial Centre Order 2007f17 (maintenance of approved works, etc.);

(r)

articles 4 (enforcement of the Regulation) and 5 (access to training facilities) of the Channel Tunnel (Safety) Order 2007f18;

(s)

article 44(2) of the London Gateway Port Harbour Empowerment Order 2008f19 (power to operate and use railways);

(t)

the following provisions of the Supply of Machinery (Safety) Regulations 2008f20 and, in the case of paragraph 7 of Schedule 5, the heading preceding it—

(i)

regulation 2(2) (interpretation),

(ii)

regulation 21(2)(a) (non-compliance with CE marking requirements), and

(iii)

paragraphs 3 and 6 to 8 of Schedule 5 (enforcement);

(u)

the following provisions of the Cross-border Railway Services (Working Time) Regulations 2008f21—

(i)

regulation 9(2)(b) (records),

(ii)

regulation 10(1) (enforcement),

(iii)

regulation 15(1) (prosecutions by inspectors), and

(iv)

Schedule 2 (enforcement);

(v)

regulation 32 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009f22 (enforcement);

(w)

Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f23;

(x)

Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010f24;

(y)

regulations 3 (rail vehicles first used after 31st December 1998) and 6 (enforcement) of the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010f25;

(z)

the following provisions of the Train Driving Licences and Certificates Regulations 2010f26—

(i)

regulation 2 (interpretation),

(ii)

regulation 3(1A) (application and extent),

(iii)

regulation 38(5) (enforcement), and

(iv)

paragraph 2(d)(iv) of Schedule 2 (contents of the licence);

(aa)

regulation 1(2) of the Control of Artificial Optical Radiation at Work Regulations 2010f27 (citation, commencement and interpretation);

(bb)

the following provisions of the Rail Passengers’ Rights and Obligations Regulations 2010f28 and, in the case of regulation 13, the heading preceding it—

(i)

regulation 3(1) (interpretation), and

(ii)

regulation 13 (enforcement body: the Office of Rail Regulation);

(cc)

Schedule 1 to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011f29 (consultation and notification);

(dd)

regulation 2(1) of the Control of Asbestos Regulations 2012f30 (interpretation);

(ee)

regulation 4(1)(h) of the Town and Country Planning (Local Planning) (England) Regulations 2012f31 (duty to co-operate);

(ff)

article 3 of the Postal Services Act 2011 (Disclosure of Information) Order 2012f32 (prescription of bodies and persons);

(gg)

paragraph 28(2) of Schedule 7 to the Network Rail (Ipswich Chord) Order 2012f33 (protective provisions);

(hh)

paragraph 11 of Schedule 2 to the Network Rail (North Doncaster Chord) Order 2012f34 (alteration, reconstruction or replacement of level crossings);

(ii)

regulation 2(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013f35 (interpretation);

(jj)

regulations 9(1) and 18(1) of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013f36 (allocation of enforcement responsibility);

(kk)

the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014f37 (prescribed persons);

(ll)

regulation 6(4) of the Construction (Design and Management) Regulations 2015f38 (notification);

(mm)

Schedule 1 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015f39 (statutory parties);

(nn)

article 5 of the Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015f40 (supplemental provisions and savings);

(oo)

the following provisions of the Railways Infrastructure (Access and Management) (Amendment) Regulations 2015f41—

(i)

paragraph 5(5) (establishing, determining and collecting the charges),

(ii)

paragraph 7(3) (international cooperation), and

(iii)

paragraph 8(1) (enforcement).

11ScotlandI1

In the following enactments and in the heading referred to, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—

(a)

regulation 25 of the Fire Safety (Scotland) Regulations 2006f1 (arrangements with the Office of Rail Regulation) and the heading preceding it;

(b)

section 12(1)(b)(iii) of the Transport and Works (Scotland) Act 2007f2 (publicity for making or refusal of order);

(c)

Schedule 3 to the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007f3 (those to be served with a copy of the application and documents); and

(d)

article 3(2) of the Banchory and Crathes Light Railway Order 2012f4 (the railway).

12WalesI1

In Schedule 6 to the Welsh Language (Wales) Measure 2011f1 (public bodies etc: standards)—

(a)

in the Welsh text, for “Swyddfa Rheoleiddio’r Rheilffyrdd (“The Office of Rail Regulation”)” substitute “Y Swyddfa Rheilffyrdd a Ffyrdd (“The Office of Rail and Road”)”; and

(b)

in the English text, for “The Office of Rail Regulation (“Swyddfa Rheoleiddio’r Rheilffyrdd”)” substitute “The Office of Rail and Road (“Y Swyddfa Rheilffyrdd a Ffyrdd”)”.

Explanatory note

(This note is not part of these Regulations)

These Regulations change the name of the Office of Rail Regulation and make consequential amendments to primary and secondary legislation.

Regulation 2(1) provides that the Office of Rail Regulation (“ORR”) is to be known as the Office of Rail and Road. The ORR’s name is being changed to reflect its new role as Highways Monitor for the strategic road network in England under Part 1 of the Infrastructure Act 2015 (c. 7).

The Schedule contains amendments to primary and secondary legislation which are consequential on the name change. In most cases, these amendments replace references to “the Office of Rail Regulation” with references to “the Office of Rail and Road”.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum has been prepared and is available alongside this instrument on the website, www.legislation.gov.uk.