The Railways (Safety Case) Regulations 1994

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“audit report” means a report made pursuant to the arrangements referred to in paragraph 16 of Schedule 1;

“building operation” has the meaning assigned to it by section 176(1) of the Factories Act 1961(1);

“the Executive” means the Health and Safety Executive;

“factory” means a factory within the meaning of section 175 of the Factories Act 1961 and premises to which section 123(1) or (2) or 125(1) of that Act applies;

“harbour” and “harbour area” have the meanings assigned to them by regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987(2);

“infrastructure controller” means a person who controls railway infrastructure;

“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954(3);

“notified” means notified in writing, and related expressions shall be construed accordingly;

“owner” in relation to a station means the person with the freehold interest in the premises comprising the station where those premises are situated in England or Wales and the proprietor of the dominium utile where those premises are situated in Scotland;

“railway” has the meaning assigned to it by section 67(1) of the Transport and Works Act 1992(4) except that it does not include any part of a railway—

“railway infrastructure” means fixed assets used for the operation of a railway including its permanent way and plant used for signalling or exclusively for supplying electricity for operational purposes to the railway, but it does not include a station;

“railway operator” means a person who is an infrastructure controller or operates trains or stations;

“revision” means proposed revision where by virtue of regulation 6(2) the revision has not been made;

“safety case” shall be construed in accordance with paragraph (2);

“safety representative” has the meaning assigned to it by regulation 2(1) of the Safety Representatives and Safety Committees Regulations 1977(5);

“station” means a railway passenger station or terminal, but does not include any permanent way or plant used for signalling or exclusively for supplying electricity for operational purposes to the railway;

“train” includes any rolling stock (within the meaning of the Railways Act 1993(6));

“work of engineering construction” has the meaning assigned to it by section 176(1) of the Factories Act 1961;

“workplace” has the meaning assigned to it by regulation 2(1) of the Safety Representatives and Safety Committees Regulations 1977.

(2) Any reference in these Regulations to a safety case is a reference to a document containing the particulars required by the provision of these Regulations pursuant to which the safety case is prepared, and in so far as the document contains other particulars it shall not be treated as part of the safety case for the purposes of these Regulations; and a safety case may—

(a)contain the particulars so required by reference to the same particulars contained in another safety case prepared by the same person if the first mentioned safety case is to be submitted for acceptance to the same person who has accepted the other safety case;

(b)be prepared by a person in respect of more than one operation intended to be undertaken by him if in the event of separate safety cases being prepared in respect of those operations they would have to be accepted by the same person pursuant to these Regulations.

(3) Any provision of these Regulations requiring particulars to be included in a safety case—

(a)which are also required to be included by virtue of a more general provision of the Regulations is without prejudice to the generality of the more general provision;

(b)(except in relation to the particulars specified in paragraph 14 of Schedule 1) shall require no more detail to be included than is necessary to enable the person to whom it is submitted for acceptance to satisfy himself on the matters referred to in paragraph (4) or (5) or regulation 10(8)(a).

(4) Any reference in these Regulations to an infrastructure controller accepting a safety case or revision (otherwise than by virtue of regulation 10(8)), is a reference to that controller notifying the person who prepared it that he is satisfied that the procedures and arrangements described in it which affect or are likely to affect the performance of his own health and safety duties will, when properly implemented with those described in any other safety case or revision thereof which that controller has prepared or accepted pursuant to these Regulations, be capable of ensuring compliance by that controller with those duties in relation to the operation to which the first mentioned safety case or revision relates.

(5) Any reference in these Regulations to the Executive accepting a safety case or revision is a reference to the Executive notifying the person who prepared it that it is satisfied with the case for health and safety made out in it.

(6) Any reference in these Regulations to the health and safety duties of an infrastructure controller is a reference to the duties imposed on him by the relevant statutory provisions (other than these Regulations).

(7) Where a railway operator is succeeded by a new railway operator, anything done in pursuance of these Regulations by the former railway operator shall, for the purposes of these Regulations, be treated as having been done by his successor; and for this purpose a person shall be treated as a successor in so far as control of the relevant railway infrastructure or the operation of the trains or stations concerned, as appropriate, has been transferred to him.

(8) Any reference in these Regulations to a person in control of any railway infrastructure is a reference to a person who, in the course of a business or other undertaking carried on by him (whether for profit or not), is in operational control of that infrastructure, except that where such control is for the time being exercised by a person undertaking maintenance, repair or alteration work on the infrastructure, it is a reference to a person who would be in operational control of the infrastructure if such work were not being undertaken.

(9) Any reference in these Regulations to a person operating a train or station is a reference to the person operating the train or station for the time being in the course of a business or other undertaking carried on by him (whether for profit or not), but it does not include a self-employed person by reason only that he himself drives or otherwise controls the movement of a train.

(10) Unless the context otherwise requires, any reference in these Regulations to—

(a)a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.