Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

 

 

Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019


Procedure: Affirmative Made
Laid: 07 October 2019


The main purpose of this instrument is to introduce a transitional two year period after  Brexit during which EU Part A safety certificates issued by EU member states before  Brexit will continue to be recognised for the purpose of operating trains on the  mainline railway in Great Britain, thereby supporting a smooth and effective  transition.


The instrument also corrects deficiencies that will arise when the UK leaves the EU in various pieces of domestic legislation, as well as directly applicable EU implementing and delegated legislation. This includes making amendments to previous rail Brexit instruments, so that they correct deficiencies in directly applicable EU implementing and delegated rail legislation that has come into effect since 12 April 2019. This will help ensure that business has certainty and clarity about the affected parts of the rail legislative regime. 


Changes will be made by amending several pieces of domestic legislation and directly applicable EU implementing and delegated legislation as follows: 

  • The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645); 
  • The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016 (S.R 2016 No.  420); 
  • The Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I.  2019/837) (this instrument amended the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (S.I. 2 006/599) (the “2006 Regulations”). The present instrument modifies and supplements those earlier amendments to the 2006 Regulations) 
  • Commission Implementing Regulation (EU) No 869/2014 on new rail passenger services; 
  • Commission Implementing Regulation (EU) 2017/2177 on access to service facilities and rail related services  
  • Commission Delegated Regulation (EU) 2018/761 establishing common safety methods for supervision by national safety authorities after the issue of a single safety certificate or a safety authorisation pursuant to Directive  (EU) 2016/798 of the European Parliament and of the Council and  repealing Commission Regulation (EU) No 1077/2012
  • Commission Implementing Regulation (EU) 2018/1795 on the procedure and criteria for the application of the economic equilibrium test. 


The instrument also corrects minor drafting errors, including those identified by the JCSI in four previous rail Brexit instruments: 

    • The Railways (Safety Management) (Amendment) (EU Ex it) Regulations (Northern Ireland) 2019 (S.I. 2019 No. 825); 
    • The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345); 
    • The Rail Safety (Amendment etc) (EU Exit) Regulations 2019 (S.I.  2019/837); and 
    • The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc) (EU Exit) Regulation s 2019 (S.I.  2019/518). 

 

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