PART 1 — Amendments to Primary Legislation
The Railway Fires Act 1905
In section 4 of the Railway Fires Act 1905 (definitions and application), for paragraph (c) of the definition of “railway company” substitute—
(c) who holds a European licence granted pursuant to—
(i) a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) , or
(ii) any action taken by an EEA State for that purpose.
The Insolvency Act 1986
In Schedule 2A to the Insolvency Act 1986 (exceptions to prohibition on appointment of administrative receiver: supplementary provisions), for paragraph 10(1)(n) substitute—
(n) in reliance on a European licence granted pursuant to—
(i) a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or
(ii) any action taken by an EEA State for that purpose.
The Railways Act 1993
(1) The Railways Act 1993 is amended as follows.
(2) In section 6(2) (prohibition on unauthorised operators of railway assets), for the definition of “European licence” substitute—
“ European licence ” means a licence granted pursuant to—
(a) a provision contained in any instrument made for the purpose of implementing—
(i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(ii) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or
(b) any action taken by an EEA State for that purpose;
(3) For section 80(1A) (duty of certain persons to furnish information to the Secretary of State, the Scottish Ministers or the Office of Rail and Road on request) for the words from “for the purpose of implementing” to the end substitute—
for the purpose of implementing—
(a) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(b) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast).
(4) In section 145(2) (general restrictions on disclosure of information)—
(a) in paragraph (ga) , for the words from “for the purpose of implementing” to the end substitute—
for the purpose of implementing—
(i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(ii) Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast);
(b) omit paragraph (gb) .
The Greater London Authority Act 1999
In section 235(2)(b) of the Greater London Authority Act 1999 (restrictions on disclosure of information), for the words from “implementing” to the end substitute “ implementing Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast); ” .
The Railways and Transport Safety Act 2003
In section 17 of the Railways and Transport Safety Act 2003 (extent)—
(a) omit “only”, and
(b) after paragraph (b) insert—
, and
(c) Northern Ireland.
The Civil Contingencies Act 2004
(1) Schedule 1 to the Civil Contingencies Act 2004 is amended as follows.
(2) For paragraph 24(1) substitute—
(1) A person who provides services in connection with railways in Great Britain and who holds a European licence granted pursuant to—
(a) a provision contained in any instrument made for the purpose of implementing—
(i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(ii) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or
(b) any action taken by an EEA State for that purpose.
(3) For paragraph 35(1) substitute—
(1) A person who provides services in connection with railways, in so far as such services are provided in Scotland, and who holds a European licence granted pursuant to—
(a) a provision contained in any instrument made for the purpose of implementing—
(i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(ii) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or
(b) any action taken by an EEA State for that purpose.
PART 2 — Amendments to Secondary Legislation
The Town and Country Planning (Control of Advertisements) Regulations 1992
In regulation 2(1) (interpretation) of the Town and Country Planning (Control of Advertisements) Regulations 1992 , in the definition of “statutory undertaker” for the words from “Council Directive” to “of the Council” substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) ” .
The London Underground (East London Line Extension) (No. 2) Order 2001
In Schedule 11 (protection for Railtrack) to the London Underground (East London Line Extension) (No. 2) Order 2001 , in the definition of “train operator” in paragraph 1(2) for the words from “Council Directive” to the end substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast). ” .
The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002
In Part 1 of Schedule 11 (for protection of railway undertakers) to the Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 , in the definition of “train operator” in paragraph 13(6) for the words from “Council Directive” to the end substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast). ” .
The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004
In Schedule 13 (for protection of railway interests) to the Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 , in the definition of “train operator” in paragraph 15(6) for the words from “Council Directive” to the end substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast). ” .
The British Transport Police (Police Services Agreement) Order 2004
In article 2(1)(b) (requirement to enter into a police services agreement) of the British Transport Police (Police Services Agreement) Order 2004 for the words from “Council Directive” to “of the Council” substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) ” .
The Central Rating List (Wales) Regulations 2005
In regulation 7(3) (railway hereditaments) of the Central Rating List (Wales) Regulations 2005 , in the definition of “ “licence exempt operator” and “licence holder”” for the words from “Council Directive” to “of the Council” substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast) ” .
The Central Rating List (England) Regulations 2005
In regulation 6(4) (railway hereditaments) of the Central Rating List (England) Regulations 2005 in the definition of “ “licence exempt operator” and “licence holder”” for the words from “Council Directive” to the end substitute “ Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast); ” .
The Railways (Interoperability) Regulations 2011
In regulation 36(10)(b)(i) (national vehicle register) of the Railways (Interoperability) Regulations 2011 , for the words from “article 30” to the end substitute “ article 55 of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast); ” .
The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015
(1) The Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order 2015 is amended as follows.
(2) In regulation 2 (interpretation) for the definitions of “the 2005 Regulations” and “the 2015 Regulations” substitute—
“ the 2016 Regulations ” means the Railway (Access, Management and Licensing of Railway Undertakings) Regulations 2016 ;
(3) In regulation 5(2) for the words “the 2005 Regulations, as amended by the 2015 Regulations,”, substitute “ the 2016 Regulations ” .
(4) In regulation 5(2)(a) and (2)(b) for the words “the 2005 Regulations as so amended,”, in both places, substitute “ the 2016 Regulations ” .
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