SCHEDULEChange of name of the Office of Rail Regulation: consequential amendments
PART 1Amendments to primary legislation
Railways Act 1993I11
In the following provisions of the Railways Act 19932 and, in the case of sections 4, 18, 19A, 67, 72, 74 and 80 in the headings preceding them, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
section 43 (general duties of the Secretary of State and the Office of Rail Regulation);
b
section 6(4)4 (prohibition on unauthorised operators of railway assets);
c
section 75 (exemptions from section 6);
d
section 86 (licences);
e
section 97 (conditions of licences: general);
f
section 11(2)(b)8 (assignment of licences);
g
section 129 (modification by agreement);
h
section 1310 (modification of references to the CMA);
i
section 13A11 (references under section 13: time limits);
j
section 1412 (reports on modification references);
k
section 1513 (modification following report);
l
section 15A(1)14 (CMA’s power to veto modifications following report);
m
section 15B(2) and (5)15 (making of modifications by CMA);
n
section 15C(2E), (2F) and (3)16 (sections 15A and 15B: supplementary);
o
section 16(3)17 (modification by order under other enactments);
p
section 16A18 (provision, improvement and development of railway facilities);
q
section 16B(1)19 (exemption of railway facilities from section 16A);
r
section 16C20 (making of applications for directions);
s
section 16D21 (procedure for considering applications);
t
section 16E22 (decisions on applications: adequate reward);
u
section 16F23 (other provisions about decisions);
v
section 16G24 (directions: compliance, variation and revocation);
w
section 16H25 (code of practice);
x
section 16I(2)26 (supplementary);
y
section 17(1) and (5)27 (access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities);
z
section 1828 (access agreements: contracts requiring the approval of the Office of Rail Regulation);
aa
section 1929 (access agreements: contracts for the use, on behalf of the Secretary of State, of installations comprised in a network);
bb
section 19A30 (review of access charges by Office of Rail Regulation);
cc
section 2031 (exemption of railway facilities from sections 17, 18 and 22A);
dd
section 2132 (model clauses for access contracts);
ee
section 2233 (amendment of access agreements);
ff
section 22A34 (directions to require amendment permitting more extensive use);
gg
section 22C35 (amendment: supplementary);
hh
section 24(3)36 (exemption of passenger services from section 23(1));
ii
section 26(2)37 (invitations to tender for franchises);
kk
section 56(2A)42 (procedural requirements for section 55 orders);
ll
section 57A(5) to (7)43 (penalties);
mm
section 57B44 (statement of policy);
nn
section 57C(3)45 (procedural requirements for penalties);
oo
section 6746 (competition functions of the Office of Rail Regulation);
pp
section 6847 (investigatory functions);
section 6948 (general functions);
rr
section 7149 (publication of information and advice);
ss
section 7250 (keeping of register by the Office of Rail Regulation);
tt
section 73(7)51 (keeping of register by the Secretary of State);
uu
section 73A52 (keeping of register by the Scottish Ministers);
vv
section 7453 (annual and other reports of the Office of Rail Regulation);
ww
section 76(5A)54 (general railway duties of Passengers’ Council);
xx
section 8055 (duty of certain persons to furnish information to the Secretary of State, the Scottish Ministers or the Office of Rail Regulation on request);
yy
section 95(1)56 (power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes);
zz
section 118(1)(a), (3), (5) and (9)57 (control of railways in time of hostilities, severe international tension or great national emergency);
aaa
bbb
Schedule 462 (access agreements: applications for access contracts);
ccc
the following provisions of Schedule 4A63 (review of access charges by Regulator)—
i
paragraphs 1 and 1A to 1H64,
ii
paragraphs 4 to 965, and
iii
paragraphs 11 to 1666; and
ddd
paragraphs 7 to 10 of Schedule 667 (railway administration orders).
Railways and Transport Safety Act 2003I22
In the following provisions of, and headings in, the Railways and Transport Safety Act 2003, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
the heading to Part 2 (Office of Rail Regulation);
b
section 15(1) (establishment);
c
section 62(1)(k) (public consultation);
d
the heading to, and paragraph 1(1) of, Schedule 1 (Office of Rail Regulation: constitution); and
e
Schedule 3 (abolition of rail regulator: savings).
Railways Act 2005I33
In the following provisions of the Railways Act 200568, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
section 22(7)(b) and (9)(c) (proposal by service operator to discontinue non-franchised services);
b
section 23 (proposal by funding authority to discontinue non-franchised services);
c
section 24 (proposals to discontinue franchised or secured services);
d
section 25(6) (proposal to discontinue excluded services);
e
section 26 (proposal by operator to close passenger network);
f
section 27 (proposal by funding authority to close passenger network);
g
section 28 (proposal to discontinue operation of secured network);
h
section 29 (proposal by operator to close station);
i
section 30 (proposal by funding authority to close station);
j
section 31 (proposal to discontinue operation of secured station);
k
section 32 (references to the ORR);
l
section 3369 (closure requirements);
m
section 34 (minor modifications);
n
section 36(6) (designation of experimental passenger services);
o
section 37(5) (discontinuance of experimental passenger services);
p
section 45(3(b)(iii) (interpretation of Part 4);
q
section 51 (ORR to assist and advise national authorities);
r
paragraphs 10(2), 24(2) and 26(2)(b) of Schedule 1 (transfer and abolition of functions);
s
the following provisions of Schedule 3 (transfer of safety functions)—
i
paragraph 1(5)(a) (railway safety purposes),
ii
paragraph 270 (ORR’s principal railway safety functions),
iii
paragraphs 471 to 6 (reports and investigations),
iv
paragraph 772 (ORR acting as agent of government departments and other public authorities),
v
paragraph 8 (government departments and other public authorities acting as agent of ORR),
vi
paragraph 10(1) and (2)73 (co-operation with the HSC),
vii
paragraph 11 (information powers corresponding to section 27 of the 1974 Act), and
viii
paragraph 15 (interpretation);
t
paragraph 11 of Schedule 4 (reviews by ORR of access charges and licence conditions: commencement of Schedule);
u
paragraph 16(2)(a)74 of Schedule 5 (admission of public to meetings); and
v
paragraph 34(1) of Schedule 10 (taxation provisions: interpretation of Schedule).
Other enactmentsI44
In the following enactments and in the headings referred to, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
section 13(1A) and (12) of the Transport Act 196275 (the Boards’ powers of manufacture and production);
b
Schedule 2 to the Parliamentary Commissioner Act 196776 (departments etc. subject to investigation);
c
the following provisions of the Health and Safety at Work etc. Act 197477—
i
section 15(3B)78 (health and safety regulations),
ii
section 1879 (authorities responsible for enforcement of the relevant statutory provisions),
iii
section 43A80 (railway safety levy), and
iv
section 50(1A)(a)81 (regulations under the relevant statutory provisions);
d
Part II of Schedule 1 to the House of Commons Disqualification Act 197582 (bodies of which all members are disqualified);
e
section 1 of the Level Crossings Act 198383 (safety arrangements at level crossings);
f
section 101(2)(b) of the Telecommunications Act 198484 (general restrictions on disclosure of information);
g
section 74(2)(a) of the Airports Act 198685 (restriction on disclosure of information);
h
section 9E(2)(d) of the Company Directors Disqualification Act 198686 (disqualification for competition infringement: interpretation);
i
Schedule 15 to the Water Industry Act 199187 (disclosure of information);
j
Schedule 24 to the Water Resources Act 199188 (disclosure of information);
k
section 37(2) of the Deregulation and Contracting Out Act 199489 (power to repeal certain health and safety provisions);
l
the following provisions of the Channel Tunnel Rail Link Act 199690—
i
section 1791 (access agreements),
ii
the cross-heading before section 21,
iii
section 2192 (duties as to exercise of regulatory functions), and
iv
section 21A93 (fees);
n
the following provisions of the Greater London Authority Act 199996 and, in the case of section 228, the heading preceding it—
i
section 199(1)97 (licence exemptions and facility exemptions),
ii
section 200(1) and (2)98 (railway access contracts),
iii
section 22899 (same person as PPP arbiter and Office of Rail Regulation: duties of staff),
iv
section 235(2)(b)100 (restrictions on disclosure of information),
v
section 252B(1)(b)101 (references to Committee in relation to railways),
vi
section 252C(5)102 (action on investigation under section 252B), and
vii
paragraph 15(2)(a) of Schedule 18103 (London Transport Users’ Committee);
o
section 105(5)(h) of the Utilities Act 2000104 (general restrictions on disclosure of information);
p
the following provisions of, and headings in, the Transport Act 2000105—
i
the heading to section 215,
ii
section 216106 (assumption of certain functions of Office of Rail Regulation) and the heading preceding it,
iii
paragraph 3(2)(k)107 of Schedule 9 (air traffic: information),
iv
paragraph 13(3)(a)108 of Schedule 10 (competition test: functions and agreements relating to buses),
v
the heading to Schedule 17 (transfers to SRA from Office of Rail Regulation), and
vi
the heading to Part II of Schedule 26 (transfers to SRA from Franchising Director, Secretary of State and Office of Rail Regulation);
q
the following provisions of the Enterprise Act 2002109—
i
section 136(7)(e) and (8)110 (investigations and reports on market investigation references), and
ii
section 168(4)(h) and (j), and (5)(i)111 (regulated markets);
r
section 24(5)(c) of the Legislative and Regulatory Reform Act 2006112 (functions to which sections 21 and 22 apply);
s
the following provisions of the Regulatory Enforcement and Sanctions Act 2008113—
i
section 73(2)(c) (functions to which section 72 applies), and
ii
Schedule 5 (designated regulators);
t
the following provisions of the Crossrail Act 2008114—
i
section 22 (objective of ORR in relation to Crossrail),
ii
section 23 (duty of ORR to publish reports),
iii
section 30(5) (duty to co-operate), and
iv
section 54 (arbitration);
u
paragraph 4(2) of Schedule 6 of the Civil Aviation Act 2012115 (restrictions on disclosing information);
v
the following provisions of the Enterprise and Regulatory Reform Act 2013116—
i
section 52(4)(d) (power to remove concurrent competition functions of sectoral regulators),
ii
section 53(2)(c) (orders under section 52: procedural requirements), and
iii
paragraph 16(7)(d) of Schedule 4 (the Competition and Markets Authority);
w
the following provisions of the Energy Act 2013117—
i
section 84(6) (investigations),
ii
section 89(8)(h) (provision of information or advice to relevant authorities),
iii
section 90(2)(a)(ii) (arrangements with government departments etc.), and
iv
paragraph 10(2)(h) of Schedule 9 (protected information: permitted disclosures and restrictions on use);
x
sections 10(1), 11(1), 12(1) and 13(1) of the Infrastructure Act 2015118 (monitor); and
y
paragraph 8(1)(i) of Schedule 3 to the Consumer Rights Act 2015119 (enforcement of the law on unfair contract terms and notices).
PART 2Amendments to secondary legislation
Railways Infrastructure (Access and Management) Regulations 2005I55
In the following provisions of the Railways Infrastructure (Access and Management) Regulations 2005120, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
regulation 2(3) (amendments, repeals, revocations and transitional provisions);
b
regulation 3(1) (interpretation);
c
regulation 5(5) (access rights);
d
regulation 6(4) (access to terminals and ports);
e
regulation 7(7) (access to services);
f
regulation 10 (business plans);
g
regulation 11 (network statement);
h
regulation 12 (establishing, determining and collecting charges);
i
regulation 13 (infrastructure costs and accounts);
j
regulation 16 (capacity allocation);
k
regulation 18(12) (framework agreements);
l
regulation 20(7) (scheduling and co-ordination);
m
regulation 22(3) (declaration of specialised infrastructure);
n
regulation 23(3) (congested infrastructure);
o
regulation 25(6) (capacity enhancement plan);
p
regulation 28 (regulatory body);
q
regulation 29 (appeals to the regulatory body);
r
regulation 29A (regulatory decisions concerning international passenger services);
s
regulation 30 (competition in the rail services market);
t
regulation 31 (provision of information to the regulatory body);
u
regulation 32(2) (the International Rail Regulator);
v
regulation 36(3) (civil proceedings); and
w
paragraph 2 of Schedule 3 (principles of access charging).
Railways and Other Guided Transport Systems (Safety) Regulations 2006I66
In the following provisions of the Railways and Other Guided Transport Systems (Safety) Regulations 2006121, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
regulation 2(1) (interpretation and application);
b
regulation 2A (determination of exclusion from the mainline railway);
c
regulation 5(7) (safety management system for the mainline railway);
d
regulation 7 (safety certificate);
e
regulation 8 (amended safety certificate);
f
regulation 9 (further safety certificate);
g
regulation 10 (safety authorisation);
h
regulation 11 (amended safety authorisation);
i
regulation 12 (further safety authorisation);
j
regulation 13 (notice of changes by holder of a safety certificate or a safety authorisation);
k
regulation 14 (direction to apply for an amended safety certificate or safety authorisation);
l
regulation 15 (revocation of safety certificate);
m
regulation 16 (revocation of safety authorisation);
n
regulation 17 (general provisions relating to safety certificates and safety authorisations);
o
regulation 18 (notification to the European Railway Agency regarding safety certificates and safety authorisations relating to the mainline railway);
p
regulation 20 (annual safety reports);
q
regulation 21 (sending, issuing, and keeping of documents and making them available for public inspection);
r
regulation 27 (appeals);
s
regulation 28 (offences);
t
regulation 29 (transitional provisions and savings);
u
regulation 30 (exemptions);
v
paragraph 2(c)(iv) of Schedule 1 (basic elements of the safety management system);
w
paragraph 1(b)(i)(aa) of Schedule 2 (information to be included for a mainline application);
x
paragraph 6(2) of Part 1 of Schedule 3 (indicators to calculate the economic impact of accidents); and
y
paragraph 4(4) of Part 2 of Schedule 3 (indicators relating to precursors of accidents).
Railway Safety Levy Regulations 2006I77
In the following provisions of the Railway Safety Levy Regulations 2006122 and, in the case of regulation 3 in the heading preceding it, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
regulation 3 (determination of matters by the Office of Rail Regulation);
b
regulation 4 (requests for information);
c
regulation 6 (assumptions);
d
regulation 7 (payment of the railway safety levy); and
e
regulation 8 (refunds).
REACH Enforcement Regulations 2008I88
In the following provisions of the REACH Enforcement Regulations 2008123 and, in the case of Part 5 of Schedule 3 and Part 2 of Schedule 6 in their headings, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
regulation 2(2) (interpretation);
b
regulation 6(1)(b) (health and safety enforcement);
c
Schedule 1 (table of REACH provisions);
d
paragraph 6 of Schedule 2 (functions of enforcing authorities);
e
Part 5 of Schedule 3 (health and safety enforcement: the Office of Rail Regulation);
f
paragraph 1 of Schedule 5A (placing asbestos-containing articles on the market);
g
Part 2 of Schedule 6 (powers of enforcement); and
h
Schedule 7 (authorisations).
Railways (Interoperability) Regulations 2011I99
In the following provisions of the Railways (Interoperability) Regulations 2011124, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
regulation 2(1) (interpretation);
b
regulation 36(10) (national vehicle register);
c
regulation 39 (enforcement in Great Britain);
d
regulation 41 (notices relating to interoperability constituents not meeting the essential requirements); and
e
regulation 42 (notice of improper drawing up of the EC declaration of conformity or suitability for use for an interoperability constituent).
Other enactmentsI1010
In the following enactments and in the headings referred to, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
regulation 8(3) of the Dangerous Substances (Notification and Marking of Sites) Regulations 1990125 (enforcing authority);
b
regulation 2 of the Railway Safety (Miscellaneous Provisions) Regulations 1997126 (interpretation);
c
regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1998127 (local authorities to be enforcing authorities in some cases);
d
regulation 28(1) of the Working Time Regulations 1998128 (enforcement);
e
regulation 2(1) of the Railway Safety Regulations 1999129 (interpretation);
f
the following provisions of the Radiation (Emergency Preparedness and Public Information) Regulations 2001130 and, in the case of regulation 18A, the heading preceding it—
i
regulation 18A (modifications relating to the Office of Rail Regulation), and
ii
regulation 18B(2)(b) (modifications relating to the Office of Nuclear Regulation);
g
regulation 16A of the Control of Substances Hazardous to Health Regulations 2002131 (modifications relating to the Office of Rail Regulation) and the heading preceding it;
h
regulation 2(1) of the Control of Vibration at Work Regulations 2005132 (interpretation);
i
article 26(3) of the Regulatory Reform (Fire Safety) Order 2005133 (enforcement of order);
j
regulation 2(1) of the Control of Noise at Work Regulations 2005134 (interpretation);
k
regulation 2(1) of the Railways (Accident Investigation and Reporting) Regulations 2005135 (interpretation);
l
regulation 2(1) of the Railway (Licensing of Railway Undertakings) Regulations 2005136 (interpretation);
m
the following provisions of the Channel Tunnel (International Arrangements) Order 2005137 and, in the case of article 4A, the heading preceding it—
i
article 2 (interpretation), and
ii
article 4A (role of the Office of Rail Regulation);
n
regulation 5 of the Railways (Access to Training Services) Regulations 2006138 (appeal to the regulatory body);
o
the following provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006139 and, in the case of regulation 5A, the heading preceding it—
i
regulation 3 (enforcing authority),
ii
regulation 4(4) (exceptions),
iii
regulation 5A (assignment of responsibility for enforcement in cases of uncertainty: the Office of Rail Regulation), and
iv
regulation 7 (transitional provisions);
p
row 25 of the table in Schedule 5 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006140 (those to be served with a copy of the application and documents);
q
article 15 of the London Gateway Logistics and Commercial Centre Order 2007141 (maintenance of approved works, etc.);
r
articles 4 (enforcement of the Regulation) and 5 (access to training facilities) of the Channel Tunnel (Safety) Order 2007142;
s
article 44(2) of the London Gateway Port Harbour Empowerment Order 2008143 (power to operate and use railways);
t
the following provisions of the Supply of Machinery (Safety) Regulations 2008144 and, in the case of paragraph 7 of Schedule 5, the heading preceding it—
i
regulation 2(2) (interpretation),
ii
regulation 21(2)(a) (non-compliance with CE marking requirements), and
iii
paragraphs 3 and 6 to 8 of Schedule 5 (enforcement);
u
the following provisions of the Cross-border Railway Services (Working Time) Regulations 2008145—
i
regulation 9(2)(b) (records),
ii
regulation 10(1) (enforcement),
iii
regulation 15(1) (prosecutions by inspectors), and
iv
Schedule 2 (enforcement);
v
regulation 32 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009146 (enforcement);
w
Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009147;
x
Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010148;
y
regulations 3 (rail vehicles first used after 31st December 1998) and 6 (enforcement) of the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010149;
z
the following provisions of the Train Driving Licences and Certificates Regulations 2010150—
i
regulation 2 (interpretation),
ii
regulation 3(1A) (application and extent),
iii
regulation 38(5) (enforcement), and
iv
paragraph 2(d)(iv) of Schedule 2 (contents of the licence);
aa
regulation 1(2) of the Control of Artificial Optical Radiation at Work Regulations 2010151 (citation, commencement and interpretation);
bb
the following provisions of the Rail Passengers’ Rights and Obligations Regulations 2010152 and, in the case of regulation 13, the heading preceding it—
i
regulation 3(1) (interpretation), and
ii
regulation 13 (enforcement body: the Office of Rail Regulation);
cc
Schedule 1 to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011153 (consultation and notification);
dd
regulation 2(1) of the Control of Asbestos Regulations 2012154 (interpretation);
ee
regulation 4(1)(h) of the Town and Country Planning (Local Planning) (England) Regulations 2012155 (duty to co-operate);
ff
article 3 of the Postal Services Act 2011 (Disclosure of Information) Order 2012156 (prescription of bodies and persons);
gg
paragraph 28(2) of Schedule 7 to the Network Rail (Ipswich Chord) Order 2012157 (protective provisions);
hh
paragraph 11 of Schedule 2 to the Network Rail (North Doncaster Chord) Order 2012158 (alteration, reconstruction or replacement of level crossings);
ii
regulation 2(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013159 (interpretation);
jj
regulations 9(1) and 18(1) of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013160 (allocation of enforcement responsibility);
kk
the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014161 (prescribed persons);
ll
regulation 6(4) of the Construction (Design and Management) Regulations 2015162 (notification);
mm
Schedule 1 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015163 (statutory parties);
nn
article 5 of the Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015164 (supplemental provisions and savings);
oo
the following provisions of the Railways Infrastructure (Access and Management) (Amendment) Regulations 2015165—
i
paragraph 5(5) (establishing, determining and collecting the charges),
ii
paragraph 7(3) (international cooperation), and
iii
paragraph 8(1) (enforcement).
PART 3Amendments to Scottish and Welsh legislation
ScotlandI1111
In the following enactments and in the heading referred to, for a reference to the Office of Rail Regulation substitute a reference to the Office of Rail and Road—
a
regulation 25 of the Fire Safety (Scotland) Regulations 2006166 (arrangements with the Office of Rail Regulation) and the heading preceding it;
b
section 12(1)(b)(iii) of the Transport and Works (Scotland) Act 2007167 (publicity for making or refusal of order);
c
Schedule 3 to the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007168 (those to be served with a copy of the application and documents); and
d
article 3(2) of the Banchory and Crathes Light Railway Order 2012169 (the railway).
WalesI1212
In Schedule 6 to the Welsh Language (Wales) Measure 2011170 (public bodies etc: standards)—
a
in the Welsh text, for “Swyddfa Rheoleiddio’r Rheilffyrdd (“The Office of Rail Regulation”)” substitute “Y Swyddfa Rheilffyrdd a Ffyrdd (“The Office of Rail and Road”)”; and
b
in the English text, for “The Office of Rail Regulation (“Swyddfa Rheoleiddio’r Rheilffyrdd”)” substitute “The Office of Rail and Road (“Y Swyddfa Rheilffyrdd a Ffyrdd”)”.