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The Railways and Other Guided Transport Systems (Safety) Regulations 2006

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This is the original version (as it was originally made).

Safety authorisation

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10.—(1) An application for a first safety authorisation in respect of infrastructure shall—

(a)be made to the Office of Rail Regulation;

(b)subject to regulation 17(1) and (2), set out particulars of—

(i)the infrastructure in question;

(ii)how the safety management system of the applicant meets the requirements in regulation 5(7) in relation to a mainline application or in regulation 6 in relation to a non-mainline application; and

(iii)how the provisions adopted by the applicant meet any requirements which are necessary for the safe design, maintenance and operation of the infrastructure in question.

(2) Subject to regulation 17(7), within four months of the date of receipt of the application the Office of Rail Regulation shall—

(a)issue a safety authorisation in relation to the infrastructure in question; or

(b)notify the applicant that it has refused the application; and

(c)in either case shall give reasons for its decision.

(3) A safety authorisation shall—

(a)specify the infrastructure in respect of which the authorisation is issued;

(b)accept that the applicant has provided sufficient evidence to demonstrate that the safety management system of the applicant meets the requirements—

(i)referred to in regulation 5(7) in relation to a mainline application; or

(ii)in regulation 6 in relation to a non-mainline application;

(c)accept that the applicant has provided sufficient evidence of the provisions adopted by the applicant to meet any requirements that are necessary for the safe design, maintenance and operation of the infrastructure in question;

(d)reference the information on which the acceptance referred to in sub-paragraphs (b) and (c) is based; and

(e)be valid for no longer than five years from the date of issue and the period of validity shall be indicated in the safety authorisation.

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