This instrument amends the Railways (Interoperability) Regulations 2011 (S.I. 2011/3066) (the “Principal Regulations”), which transpose EU Directive 2008/57/EC on the interoperability of the European rail system. The purpose of the amendments being made is to correct deficiencies that arise with the Principal Regulations as a result of the United Kingdom leaving the EU and to ensure that a clear and accessible legal framework continues to underpin the UK’s railway interoperability regime. This includes the creation of a framework for the Secretary of State to publish technical specification notices containing UK rail technical standards.
This instrument applies to transport, which is a transferred matter for Northern Ireland under section 4(1) of the Northern Ireland Act 1998. This instrument also applies in large part to technical standards and requirements in relation to products in pursuance of an obligation under EU law, which is, save for standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides, are served matter under paragraph 38 of Schedule 3 to the Northern Ireland Act 1998. Transposition of EU Directives on interoperability has to date been done on a UK-wide basis with Northern Ireland’s consent insofar as the matters to which the legislation related were transferred.
