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The Railways (Interoperability) Regulations 2006

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This is the original version (as it was originally made).

Notices relating to interoperability constituents not meeting the essential requirements

This section has no associated Explanatory Memorandum

36.—(1) If the Office of Rail Regulation or the Health and Safety Executive for Northern Ireland is of the opinion that an interoperability constituent in relation to which an EC declaration of conformity or suitability for use has been drawn up does not meet the essential requirements relating to it, the Office of Rail Regulation or the Health and Safety Executive for Northern Ireland may serve a notice on the person who is using or intending to use that interoperability constituent in a project subsystem in relation to which that person is a contracting entity, to prohibit the use of or restrict the area of use of that interoperability constituent.

(2) The information to be contained in a notice served under paragraph (1) is—

(a)a statement that the Office of Rail Regulation or the Health and Safety Executive for Northern Ireland is of the opinion referred to in paragraph (1);

(b)the reasons for that opinion;

(c)a direction that the interoperability constituent to which that notice relates shall not be used, or that its area of use shall be restricted; and

(d)the date by which the contracting entity shall comply with the notice.

(3) Any notice served under paragraph (1) may be withdrawn by the Office of Rail Regulation or the Health and Safety Executive for Northern Ireland by serving written notice of the withdrawal on the contracting entity.

(4) Where a notice has been served on the contracting entity in accordance with this regulation the contracting entity shall—

(a)comply with that notice; and

(b)notify the person, (if any), who supplied him with the interoperability constituent in relation to which the notice under paragraph (1) was served—

(i)that a notice under paragraph (1) has been served,

(ii)of what the notice says, and

(iii)that he requires that person in turn to notify his supplier (if any) with the same information required by this paragraph.

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