The Railway (Licensing of Railway Undertakings) Regulations 2005

The Railways Act 1993E+W+S

3.—(1) The 1993 Act M1 shall be amended in accordance with the following provisions of this paragraph.

(2) In section 6 (prohibition on unauthorised operators of railway assets), in subsection (1A) for “international services” substitute “ services for which a European licence is required ”.

(3) In subsection (2) of that section—

(a)for the definition of “international licence” substitute—

“ “European licence” means a licence granted pursuant to a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council, or pursuant to any action taken by an EEA State for that purpose;” and

(b)omit the definition of “international services”.

(4) For subsection (2A) of that section, substitute—

“(2A) In subsection (2) above, “EEA State” means a member State, Norway, Iceland or Liechtenstein.”.

(5) In section 59 (railway administration orders), in subsection (6), after “passenger licence” in both places insert “ or a European licence which authorises the carriage of passengers by railway (or both) ”.

(6) In section 72 (keeping of the register by the ORR), in subsection (2)–

(a)in paragraph (a), after “in relation to licences”, insert “ and European licences ”;

(b)in paragraph (a)(i), for “and every licence exemption”, substitute “ , every licence exemption and every European licence ”;

(c)in paragraph (a)(iii), for “and every” substitute “ , every ”, and at the end, add “ , and every modification or revocation of a European licence ”;

(d)at the end of paragraph (a)(v), add “ or European licence ”; and

(e)at the end of paragraph (a), after “surrender of a licence” add “ or European licence ”.

(7) In section 80 (duty to furnish information on request)—

(a)after subsection (1), insert—

“(1A) Holders of European licences shall be under a duty to furnish to the Office of Rail Regulation in such form and manner as it may by notice request such information as it may so request, being information which the Office of Rail Regulation considers necessary for the purpose of facilitating the performance of any of its functions under any instrument made for the purpose of implementing Council Directive 95/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council.”;

(b)in subsection (2), after “subsection (1)” insert “ or (1A) ”;

(c)in subsection (3), for “If any such request” substitute “ If a request under subsection (1) above ”;

(d)after subsection (3), add—

“(3A) If a request under subsection (1A) above is not complied with, the Office of Rail Regulation may serve a notice under subsection (4) below on the person from whom the information was requested under subsection (1A) above.”;

(e)at the end of subsection (4), add— “ In its application to a notice served by virtue of subsection (3A) above this subsection has effect with the omission of the references to the Secretary of State and the Scottish Ministers. ”; and

(f)in subsection (8), after “Regulation”, insert “ in the case of a request under subsection (1) above, or the Office of Rail Regulation in the case of a request under subsection (1A) above, ”.

(8) In section 83 (interpretation), in subsection (1)—

(a)before the definition of “exempt facility”, insert—

““European licence” has the meaning given by section 6(2) above;”; and

(b)omit the definition of “international licence”.

(9) In section 145 (general restrictions on disclosure of information), before subsection (2)(h), insert—

“(ga)for the purpose of facilitating the carrying out by the Office of Rail Regulation of any of its functions under any instrument made for the purpose of implementing Council Directive 95/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council;”.

(10) In Schedule 7 (transfer of relevant activities in connection with railway administration orders)—

(a)in paragraph 1(2), in the definition of “other appointee”, after “section 8 of this Act” insert “ or of a European licence ”;

(b)after paragraph 4(2), add—

“(3) Sub-paragraphs (1) and (2) have effect in relation to a European licence as they have effect in relation to a licence.”.