Sch 6 para 3 Amendment to the Railway Safety Regulations 1999
(1) The Railway Safety Regulations 1999 shall be amended as follows. (2) In regulation 2 (interpretation)— (a) in paragraph (1)— (i) for the definition of “infrastructure controller” substitute— “ infrastructure controller ” means a person who controls railway infrastructure; (ii) after the definition of “railway” insert— “ railway infrastructure ” means fixed assets used for the operation of a railway including its permanent way and plant used for signalling or exclusively for supplying electricity for operational purposes to the railway, but it does not include a station; (iii) after the definition of “speed restriction” insert— “ station ” means a railway passenger station or terminal, but does not include any permanent way or plant used for signalling or exclusively for supplying electricity for operational purposes to the railway; (b) after paragraph (4) add— (4A) Any reference in these Regulations to a person who controls railway infrastructure is a reference to a person who— (a) in the course of a business or other undertaking carried on by him (whether for profit or not); (b) is in operational control of that infrastructure, except that where such control is for the time being exercised by a person undertaking maintenance, repair or alteration work on the infrastructure, it is a reference to a person who would be in operational control of the infrastructure if such work were not being undertaken. (3) In paragraph 2 to the Schedule (meaning of railway), for the definition of “tramway” substitute— “ tramway ” means a system of transport used wholly or mainly for the carriage of passengers— (a) which employs parallel rails which— (i) provide support and guidance for vehicles carried on flanged wheels; and (ii) are laid wholly or partly along a road or in any other place to which the public has access (including a place to which the public only has access on making payment); and (b) on any part of which the permitted speed is such as to enable the driver to stop a vehicle in the distance he can see to be clear ahead;