§ 36 — Codes of practice

36.—(1) The LTA may, from time to time —(a)

issue one or more codes of practice applicable to licensees;

(b)

approve as a code of practice applicable to licensees any document prepared by a person other than the LTA if it considers the document suitable for this purpose; or

(c)

amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the following:

(i)

the safe provision of open network services and cross‑border train services on a cross‑border railway;

(ii)

the coordination and cooperation, on such terms as the LTA may specify, with any other person in the use or sharing of any railway asset or part of it, owned or used by the licensee in providing any open network service or cross‑border train service on a cross‑border railway;

(iii)

the technical compatibility and safety of operation of any railway asset used in the provision of open network services and cross‑border train services on a cross‑border railway;

(iv)

the duties and obligations of any licensee in relation to its business operation insofar as it relates to the provision of open network services and cross‑border train services on a cross‑border railway.

(2) If any provision in any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —(a)

is to have effect subject to the provisions of this Act; or

(b)

having regard to this Act, is not to have effect.

(3) Where a code of practice is issued, approved, amended or revoked by the LTA under subsection (1), the LTA must —(a)

publish a notice of the issue, approval, amendment or revocation, as the case may be, of the code of practice in such manner as will secure adequate publicity for such issue, approval, amendment or revocation;

(b)

specify in the notice mentioned in paragraph (a) the date of the issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available for inspection by licensees free of charge and for their purchase at a reasonable price.

(4) No code of practice, no amendment to a code of practice, and no revocation of any code of practice, has any force or effect until the notice relating to it is published in accordance with subsection (3).

(5) Any code of practice does not have legislative effect.

(6) Every licensee must comply with the codes of practice issued or approved under this section that apply to the licensee.

(7) The LTA must give a copy of each code of practice and any amendment to or revocation of a code of practice to the Minister; but failure to comply with this subsection in respect of any code of practice, or any amendment or revocation of a code of practice, does not invalidate the code of practice or the amendment or revocation, as the case may be.

—(1) The LTA may, from time to time —(a)

issue one or more codes of practice applicable to licensees;

(b)

approve as a code of practice applicable to licensees any document prepared by a person other than the LTA if it considers the document suitable for this purpose; or

(c)

amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the following:

(i)

the safe provision of open network services and cross‑border train services on a cross‑border railway;

(ii)

the coordination and cooperation, on such terms as the LTA may specify, with any other person in the use or sharing of any railway asset or part of it, owned or used by the licensee in providing any open network service or cross‑border train service on a cross‑border railway;

(iii)

the technical compatibility and safety of operation of any railway asset used in the provision of open network services and cross‑border train services on a cross‑border railway;

(iv)

the duties and obligations of any licensee in relation to its business operation insofar as it relates to the provision of open network services and cross‑border train services on a cross‑border railway.

(2) If any provision in any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —(a)

is to have effect subject to the provisions of this Act; or

(b)

having regard to this Act, is not to have effect.

(3) Where a code of practice is issued, approved, amended or revoked by the LTA under subsection (1), the LTA must —(a)

publish a notice of the issue, approval, amendment or revocation, as the case may be, of the code of practice in such manner as will secure adequate publicity for such issue, approval, amendment or revocation;

(b)

specify in the notice mentioned in paragraph (a) the date of the issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available for inspection by licensees free of charge and for their purchase at a reasonable price.

(4) No code of practice, no amendment to a code of practice, and no revocation of any code of practice, has any force or effect until the notice relating to it is published in accordance with subsection (3).

(5) Any code of practice does not have legislative effect.

(6) Every licensee must comply with the codes of practice issued or approved under this section that apply to the licensee.

(7) The LTA must give a copy of each code of practice and any amendment to or revocation of a code of practice to the Minister; but failure to comply with this subsection in respect of any code of practice, or any amendment or revocation of a code of practice, does not invalidate the code of practice or the amendment or revocation, as the case may be.