This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
RETAINED EU LAW REFORM
RAILWAYS
Sift requirements satisfied
7th December 2023
Made
2nd February 2024
Laid before Parliament
8th February 2024
Coming into force
4th March 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(1) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 2023 (“ the 2023 Act”)( 1).
The Secretary of State is a relevant national authority for the purposes of section 14(1) of the 2023 Act( 2).
The requirements of paragraph 6(2) of Schedule 5 to the 2023 Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
1.—(1) These Regulations may be cited as the Railways (Revocation and Consequential Provision) Regulations 2024.
(2) These Regulations come into force on 4th March 2024.
(3) These Regulations extend to England and Wales and Scotland.
2. The instruments listed in the Schedule are revoked in their entirety.
3.—(1) The Railways and Other Guided Transport Systems (Safety) Regulations 2006( 3) are amended as follows.
(2) In regulation 2 (interpretation and application), omit the definition of “European Union Agency for Railways”.
(3) In regulation 15 (revocation of safety certificate), omit paragraphs (6) and (7).
(4) In Schedule 2, in paragraph 1, in sub-paragraph (b), in paragraph (i), omit sub-paragraph (bb).
4.—(1) The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016( 4) are amended as follows.
(2) In regulation 6 (access to services), omit paragraph (14).
(3) In regulation 19 (capacity allocation), omit paragraph (19).
(4) In regulation 21 (framework agreements), omit paragraphs (17) to (21).
(5) In regulation 33 (regulatory decisions concerning international passenger services), omit paragraph (13).
Signed by authority of the Secretary of State for Transport
Huw Merriman
Minister of State
2nd February 2024
Department for Transport
Regulation 2
Title | Citation |
---|---|
Commission Implementing Regulation (EU) 2015/10of 6 January 2015 on criteria for applicants for rail infrastructure capacity and repealing Implementing Regulation (EU) No 870/2014 | EUR 2015/10( 5) |
Commission Implementing Regulation (EU) 2016/545of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity | EUR 2016/545( 6) |
Regulation (EU) 2016/796of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 | EUR 2016/796( 7) |
Commission Implementing Regulation (EU) 2017/2177of 22 November 2017 on access to service facilities and rail-related services | EUR 2017/2177( 8) |
Commission Implementing Regulation (EU) 2018/764of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment | EUR 2018/764( 9) |
Commission Implementing Regulation (EU) 2018/867of 13 June 2018 laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways | EUR 2018/867( 10) |
Commission Implementing Regulation (EU) 2018/1795of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EUof the European Parliament and of the Council | EUR 2018/1795( 11) |
Commission Decision (EU) 2018/2022of 17 December 2018 drawing up a list of qualified experts for the Boards of Appeal of the European Union Agency for Railways (notified under document C (2018) 8561) | EUDN 2018/2022( 12) |
Commission Implementing Regulation (EU) 2020/424of 19 March 2020 on submitting information to the Commission as regards non-application of technical specifications for interoperability in accordance with Directive (EU) 2016/797 | EUR 2020/424( 13) |
Commission Implementing Decision (EU) 2020/453of 27 March 2020 on the harmonised standards for railway products drafted in support of Directive 2008/57/ECof the European Parliament and of the Council on the interoperability of the rail system within the Community | EUDN 2020/453( 14) |
Commission Implementing Regulation (EU) 2020/572of 24 April 2020 on the reporting structure to be followed for railway accident and incident investigation reports | EUR 2020/572( 15) |
(This note is not part of the Regulations)
These Regulations revoke 11 items of secondary assimilated law (as defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28)) for Great Britain which make provision about the regulation of railways.
The revoked secondary assimilated law relates specifically to:
(a) interoperability: four of these instruments relate to the establishment and operation of the European Agency for Railways. The Agency no longer has a role in Great Britain, and so these instruments are redundant. Two of these instruments relate to EU railway technical standards which no longer apply to Great Britain;
(b) access to railway infrastructure and costs: four of these instruments make provision which relates to the charges relating to, and access to railway infrastructure and certain services. These instruments are considered unnecessarily prescriptive; and
(c) accident investigation reports: one instrument which sets out requirements for the reports published by rail accident and incident investigators. The requirements in this instrument are considered unnecessarily prescriptive.
An impact assessment has not been produced for these Regulations as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.
The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.
S.I. 2006/599. Relevant amendments are S.I. 2011/1043, 2011/1860, 2011/3066, 2013/950, 2015/1682, 2015/1917, 2019/837and 2020/786.
S.I. 2016/645. Relevant amendments are S.I. 2019/82, 2019/518and 2019/1310.
EUR 2015/10, amended by S.I. 2019/518.
EUR 2016/545, amended by S.I. 2019/518.
EUR 2017/2177, amended by S.I. 2019/1310.
EUR 2018/1795, amended by S.I. 2019/518and 2019/1310.