Railways Regulations 1992

JurisdictionUK Non-devolved
CitationSI 1992/3060
Year1992

1992 No. 3060

TRANSPORT

The Railways Regulations 1992

Made 7th December 1992

Laid before Parliament 8th December 1992

Coming into force 1st January 1993

The Secretary of State for Transport, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the management independence of railway undertakings, their financial structure, the separation of accounts for rail infrastructure and transport services, fees for the use of infrastructure and arrangements for access to infrastructure, in exercise of the powers conferred by that section hereby makes the following Regulations:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Railways Regulations 1992 and shall come into force on 1st January 1993.

(2) With the exception of paragraphs 6 to 8 of Schedule 2, these Regulations do not extend to Northern Ireland.

S-2 Purpose and interpretation

Purpose and interpretation

2.—(1) The purpose of these Regulations is to provide for the implementation of Council Directive 91/440/EECof 29th July 1991 on the development of the Community’s railways3(hereinafter referred to as “the Council Directive”) and accordingly, save where the context otherwise requires, expressions used which are also used in that Directive have the same meaning.

(2) In these Regulations—

“the Concessionaires”, “the tunnel system” and “shuttle service” have the same meaning as in the Channel Tunnel Act 19874;

“the International Rail Regulator” means the officer appointed under regulation 7(1) by the Secretary of State;

“access and transit rights” or “transit rights” means access and transit rights or transit rights in relation to the use of railway facilities and ancillary services;

“railway facility” means any track, station or light maintenance depot;

“ancillary service” means any service which is necessary for giving full effect to the right of any person to use any track, station or light maintenance depot;

“track” means the permanent way of any railway, taken together with the ballast, sleepers and metals laid thereon; and any reference to track includes a reference to—

(a) any level crossings, bridges, viaducts, tunnels, culverts, retaining walls, or other structures used or to be used for the support of, or otherwise in connection with, track; and

(b) any walls, fences or other structures bounding the railway or bounding any adjacent or adjoining property;

“station” means any railway station or railway passenger terminal and includes any forecourt, cycle store, car park or other land or premises appurtenant to, and used in connection with, a station;

“light maintenance depot” means any premises which consist of or include the provision of light maintenance services, whether or not those premises also consist of or include other maintenance facilities;

“light maintenance services” means services of any of the following descriptions, that is to say—

(a) the refuelling or cleaning of locomotives or other rolling stock;

(b) the carrying out of any day to day maintenance work required to prepare locomotives or other rolling stock for services each day; or

(c) the carrying out of any other maintenance work to locomotives or rolling stock of a kind which would not normally require the locomotive or rolling stock to be taken out of service for more than seven days;

“train” includes any locomotive and any rolling stock of any description;

“rolling stock” means any carriage, wagon or other vehicle used on track and includes a locomotive; and

“locomotive” means a locomotive used for propelling rolling stock along track and includes a mobile traction unit.

(3) In these Regulations, unless the context otherwise requires, any reference to—

(a)

(a) a numbered regulation or a numbered schedule is a reference to the regulation or schedule bearing that number in these Regulations;

(b)

(b) a numbered paragraph is a reference to the paragraph bearing that number in the regulation or schedule in which the reference appears.

S-3 Scope

Scope

3. These Regulations apply to the management of railway infrastructure in Great Britain and to the rail transport activities in Great Britain of railway undertakings established or to be established in a member State other than—

(i) railway undertakings whose activity is limited to the provision of solely urban, suburban or regional services; and

(ii) the management of the tunnel system and the rail transport activity of the Concessionaires in respect of any shuttle service.

S-4 Modification of enactments concerning the powers of the Secretary of State and the obligations of the British Railways Board

Modification of enactments concerning the powers of the Secretary of State and the obligations of the British Railways Board

4.—(1) The powers of the Secretary of State in respect of the British Railways Board and the obligations of the British Railways Board in relation to the Secretary of State under any of the provisions specified in paragraph (2) shall only apply to any activities of the British Railways Board in respect of any of the matters specified in paragraph (3) of Article 5 of the Council Directive to the extent necessary to ensure consistency with general policy guidelines or investment and financing plans, determined by the Secretary of State.

(2) The provisions mentioned in paragraph (1) are—

section 4(2) of the Transport Act 19625;

section 5(2) of the Transport Act 1962;

section 11(3) and (4) of the Transport Act 1962 and section 49 of the Transport Act 1968;

section 12(3) of the Transport Act 1962;

section 14(3) and (4) of the Transport Act 1962;

section 17(1) of the Transport Act 1962;

section 27(3), (4) and (5) of the Transport Act 1962;

section 45(5) and (6) of the Transport Act 19686;

section 50(1) and (2) of the Transport Act 1968;

section 144 of the Transport Act 1968; and

section 1 of the Transport Act 19817.

S-5 Separation of accounts between transport operations and infrastructure management and prohibition of transfer of state aid

Separation of accounts between transport operations and infrastructure management and prohibition of transfer of state aid

5.—(1) Any railway undertaking which is also an infrastructure manager shall—

(a)

(a) prepare and maintain accounts for business relating to the provision of transport services which are separate from its accounts for business relating to the management of railway infrastructure; and

(b)

(b) ensure that there is no transfer of state aid granted to the undertaking between the provision of transport services and the management of railway infrastructure.

(2) Without prejudice to any civil remedy that might be available to any person, a railway undertaking which, without reasonable excuse, contravenes or fails to comply with paragraph (1) of this regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

S-6 Calculation of, and rules for the determination of, fees for the use of railway infrastructure

Calculation of, and rules for the determination of, fees for the use of railway infrastructure

6.—(1) Infrastructure managers shall charge fees for the use by railway undertakings and international groupings of railway infrastructure for which they are responsible, which shall be calculated so as to avoid any discrimination between railway undertakings and may, in particular, take into account the mileage, the composition of the train and any specific requirements in terms of such factors as speed, axle load and the degree or period of utilisation of the infrastructure.

(2) The fees shall be determined in accordance with rules specified in Schedule 1.

S-7 International Rail Regulator

International Rail Regulator

7.—(1) The Secretary of State shall appoint an officer to be known as “the International Rail Regulator” to perform the functions conferred on him by these Regulations.

(2) The Secretary of State may give general directions indicating considerations to which the International Rail Regulator should have particular regard in cases where his functions are exercisable under these Regulations.

(3) An appointment of a person to hold office as the International Rail Regulator shall be for a term not exceeding five years; but previous appointment to that office shall not affect eligibility for re-appointment.

(4) The Secretary of State may remove any person from office as the International Rail Regulator on the ground of incapacity or misbehaviour.

(5) Subject to paragraphs (3) and (4), a person appointed as the International Rail Regulator shall hold and vacate office as such in accordance with the terms of his appointment.

(6) The provisions of Schedule 2 shall have effect with respect to the International Rail Regulator.

(7) At any time when there is no person holding office as the International Rail Regulator the functions conferred on the holder of that office by these Regulations shall be exercisable by the Secretary of State.

S-8 Access and transit rights

Access and transit rights

8.—(1) Any international grouping may apply to any infrastructure manager—

(a)

(a) in the case of a grouping which includes a railway undertaking established in the United Kingdom for such access and transit rights; or

(b)

(b) in the case of any other grouping, for such transit rights,

as may be necessary for the provision of international services between the member States where the undertakings constituting the grouping are established.

(2) Any railway undertaking established or to be established in a member State other than the United Kingdom may apply to any infrastructure manager for the grant of such access and transit rights as may be necessary for the purpose of the operation of international combined transport goods services.

(3) On an application under paragraph (1) or (2) the infrastructure manager shall, subject to paragraph (4), grant the...

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