Draft Affirmative
Published: 11 February 2019
This Instrument amends the Train Driving Licences and Certificates Regulations 2010, (“the 2010 Regulations”) together with three associated items of directly applicable EU legislation, Commission Decisions 2010/17/EC and 2011/765/EU and Commission Regulation 36/2010/EU (together referred to as “the tertiary legislation”). This tertiary legislation will be converted into domestic law (as “retained EU law”) under the European Union (Withdrawal) Act 2018 (“the EU Withdrawal Act”). The purpose of the amendments being made is to correct a number of deficiencies that will arise with the 2010 Regulations and the tertiary legislation as a result of the UK leaving the EU and to ensure that they remain fully legally operable after exit.
The 2010 Regulations implemented, for Great Britain, Directive 2007/59/EC of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the European Union (“the 2007 Directive”). This Directive established a common regime for licensing and certifying train drivers in Member States of the European Union.
The 2007 Directive is implemented in Northern Ireland by the Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 (the “2010 NI Regulations”) with the Department for Infrastructure carrying out the functions assigned in Great Britain to the Office of Rail and Road (ORR).
This Instrument does not amend the 2010 NI Regulations (amendments to these will be the subject of separate regulations) but it does amend the tertiary legislation relating to Northern Ireland as well as Great Britain.
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