The Rail Passengers' Rights and Obligations Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/1504
(1) These Regulations may be cited as the Rail Passengers' Rights and Obligations Regulations 2010.(2) These Regulations come into force on 25th June 2010.
  • These Regulations do not extend to Northern Ireland.
  • (1) In these Regulations—
    • the European Regulation” means Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23rd October 2007 on rail passengers' rights and obligations F26as amended by the Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018;
    • the 1993 Act” means the Railways Act 1993 ;
    • the ORR” means the F23Office of Rail and Road.
    (2) An expression used in these Regulations and in the European Regulation has the same meaning as in the European Regulation.the COTIF Regulations, including the Convention to which they give the force of law, andthese Regulations,(2) In the COTIF Regulations, after regulation 2 (interpretation) , insert—
      (2A) Relationship with the Rail Passengers' Rights and Obligations Regulations 2010To the extent that there is a conflict between—
    • (a) these Regulations, including the Convention to which they give the force of law, and
    • (b) the Rail Passengers' Rights and Obligations Regulations 2010,
    • the latter shall prevail.
    these Regulations, including the Convention to which they give the force of law, andthe Rail Passengers' Rights and Obligations Regulations 2010,(3) In this regulation—
    • the Convention” has the same meaning as in the COTIF Regulations, and
    • the COTIF Regulations” means the Railways (Convention on International Carriage by Rail) Regulations 2005 .
    (1) Sections 1 and 2 of the Civil Liability (Contribution) Act 1978 (2) In paragraph (1) , “contribution between persons liable in respect of the same damage” has the same meaning as in section 1(1) of the Civil Liability (Contribution) Act 1978 (entitlement to contribution) .(3) Section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (4) In paragraph (3) , “liability inter se for contribution between persons liable in damages or expenses” has the same meaning as in section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.the person has requested the railway undertaking in writing to make an advance payment under that provision, andat least fifteen days have elapsed since that written request was received by the undertaking.(2) In proceedings in respect of the breach of a right to an advance payment under Article 13 of the European Regulation, to the extent that this would not conflict with that Article, the court has jurisdiction to reduce an award to take into account the extent to which the undertaking acted reasonably.in England and Wales, Part 25 of the Civil Procedure Rules 1998 rule 43.11 of the Rules of the Court of Session 1994 rule 36.9 of the Ordinary Cause Rules 1993 any payment made in any court proceedings in respect of the accident.(4) In any other proceedings, including proceedings for an interim payment under the enactments referred to in paragraph (3) (a) , the court has jurisdiction to award a lesser amount than it would otherwise have awarded to take into account the fact that an award has been made under Article 13(1) of the European Regulation.subject to paragraph (2) , no action in respect of the passenger's death may be brought for the benefit of that person under section 1 of the Fatal Accidents Act 1976 nothing in section 2(3) of that Act (not more than one action in respect of the same subject matter of complaint) prevents an action from being brought under the 1976 Act for the benefit of any other person.(2) Nothing in paragraph (1) (a) affects the right of any person to claim damages for bereavement in reliance on section 1A of the 1976 Act.(3) Section 4 of the 1976 Act (assessment of damages: disregard of benefits) applies in relation to an action brought under the European Regulation as it applies in relation to an action brought under that Act.shall take into account any damages awarded in the proceedings brought under the European Regulation, andhas jurisdiction to make any part of its award conditional on the result of those proceedings.(1) This regulation extends to Scotland only.

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