The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020
Thursday, 27 February 2020 21:02
The Railways (Interoperability) (Miscellaneous Amendments and
Revocations) (EU Exit) Regulations 2020 These Regulations are made
in exercise of the powers conferred by section 8(1) of the European
Union (Withdrawal) Act 2018 (c.16) in order to address failures of
retained EU law to operate effectively and other deficiencies (in
particular under section 8(2)(a), (b), (c), (d) and (g) and
paragraph 21 of Schedule 7) arising from the withdrawal of the
United Kingdom from the European Union. The...Request free trial
The Railways
(Interoperability) (Miscellaneous Amendments and Revocations) (EU
Exit) Regulations 2020
These Regulations are made in exercise of the powers conferred by
section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in
order to address failures of retained EU law to operate effectively
and other deficiencies (in particular under section 8(2)(a), (b),
(c), (d) and (g) and paragraph 21 of Schedule 7) arising from the
withdrawal of the United Kingdom from the European Union. The
amendments set out in regulation 2 are made in exercise of powers
conferred by section 247 of the Transport Act 2000 which is being
used to update out of date cross-references.
These Regulations make amendments in relation to the regulation of
railways in the United Kingdom and in particular, the
interoperability of the rail system. The interoperability regime
sets out the standards that have to be met. Before the IP
completion day, Technical Specifications for Interoperability
(TSIs) set out the technical and operational standards which must
be met by vehicles or components to satisfy the essential
requirements, such as safety, reliability and availability, health,
environmental protection, technical compatibility and
accessibility. After the IP completion day these standards and
performance levels will be set out in the new United Kingdom regime
of National Technical Specification Notices (“NTSNs”).
Part 2 makes amendments to domestic secondary legislation already
made in anticipation of the United Kingdom’s withdrawal from the
European Union.
Regulation 2 and regulation 5 amend the Railways (Interoperability)
Regulations 2011 and the Railway (Interoperability) (Amendment) (EU
Exit) Regulations 2019 to ensure that the United Kingdom’s
interoperability regime functions correctly after the transition
period following the United Kingdom’s withdrawal from the European
Union. Regulation 5 also corrects certain errors in that
instrument.
Regulation 3 amends the Rail Passengers’ Rights and Obligations
(Amendment) (EU Exit) Regulations 2018 to replace references to
TSIs with references to the relevant NTSNs.
Regulation 4 amends the Train Driving Licences and Certificates
(Amendment) (EU Exit) Regulations 2019 to correct certain errors in
that instrument. References to TSIs are also replaced with
references to the relevant NTSN which will apply after IP
completion day.
Regulation 6 amends the Rail Safety (Amendment etc) (EU Exit)
Regulations 2019 to replace an out-of-date reference in the
definition of “common safety methods” to ensure that the correct
Commission Implementing Regulation is referenced.
Part 3 amends retained direct EU legislation to correct
deficiencies in two principal items of tertiary legislation
relating to vehicle registers and registers for railway
infrastructure and to ensure that the legislation can continue to
function in the United Kingdom after IP completion day.
Part 4 revokes retained direct EU legislation listed in Schedule 2
and amends Annex XIII to the Agreement on the European Economic
Area.
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