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The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006

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Amendments to the Transport and Works Act 1992

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1.—(1) The Transport and Works Act 1992(1) is amended as follows.

(2) In section 41 ( approval of works, plant and equipment)—

(a)in subsection (1), for “his approval” substitute “the approval of a specified authority”;

(b)in paragraph (c) of subsection (2), for “Secretary of State”(2) substitute “specified authority”;

(c)in subsection (3)—

(i)for “Secretary of State” substitute “specified authority”; and

(ii)for “he” substitute “it”; and

(d)in subsection (7), after the definition of “prescribed systems of guided transport” insert—

““specified authority” means such authority as may be specified in regulations under this section .”.

(3) In section 45 ( directions limiting speeds and loads)—

(a)in subsection (1), for “Secretary of State”(3) substitute “relevant enforcing authority”;

(b)in subsection (4)—

(i)for “Secretary of State” substitute “relevant enforcing authority”; and

(ii)for “he” substitute “that authority”; and

(c)after subsection (6) insert—

“(7) In this section “relevant enforcing authority” means the enforcing authority responsible for the enforcement of the relevant statutory provisions in relation to the mode of transport to which the direction applies.

(8) In subsection (7)—

“enforcing authority” has the same meaning as in section 18(7) (a) of the Health and Safety at Work etc. Act 1974;

“relevant statutory provisions” has the same meaning as in that Act.”.

(2)

Regulation 10(1) of the Railway Safety (Miscellaneous Provisions) Regulations 1997, S.I. 1997/553, provided that any reference in section 41, (other than sub-section (1)), and 45 of the Transport and Works Act 1992 to the “Secretary of State” was to have effect as if it were a reference to the “Health and Safety Executive”. Paragraph 5 of this Schedule revokes regulation 10(1).

(3)

See footnote (b).

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