- Latest available (Revised)
- Original (As made)
The Railways (Interoperability) Regulations 2006
You are here:
- UK Statutory Instruments
- 2006 No. 397
- PART 7
- Regulation 40
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Railways (Interoperability) Regulations 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Regulation 40:
- Regulations revoked by S.I. 2011/3066 reg. 47(1)
- reg. 40 coming into force by S.I. 2006/397 reg. 1(3)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 4(9A) inserted by S.I. 2008/1746 reg. 4(4)(c)
- reg. 4A 4B inserted by S.I. 2008/1746 reg. 4(5)
- reg. 11(7) inserted by S.I. 2008/1746 reg. 4(7)
- reg. 12(3)-(6) inserted by S.I. 2008/1746 reg. 4(8)(b)
- reg. 33(1A) inserted by S.I. 2008/1746 reg. 4(9)
Prospective
Revocation, transitional provision and savingsU.K.
This section has no associated Explanatory Memorandum
40.—(1) The Railways (Interoperability) (High-Speed) Regulations 2002(1) (“the High-Speed Regulations”) are revoked.
(2) Notwithstanding paragraph (1), the High-Speed Regulations shall continue to have effect thereafter but only for the purposes provided in paragraph (3).
(3) Where on the coming into force of this regulation a contracting entity has made a request for a staged works decision or has obtained a staged works decision under regulation 17(2) or 17(6) of the High-Speed Regulations, the contracting entity may treat the High-Speed Regulations as continuing in force for the giving, and effect, of such a decision.
(4) From 2nd April 2006 a reference in the High-Speed Regulations to an authorisation being given pursuant to regulation 14 of the High-Speed Regulations shall be treated as a reference to regulation 4(1)(a) of these Regulations.
(5) Where immediately before 2nd April 2006 an appointment of a notified body had effect under the High-Speed Regulations it shall continue to have effect as an appointment in relation to the high-speed rail system, as if made as an appointment under regulation 25 of these Regulations for a period specified when appointed.
(6) Where, under the High-Speed Regulations, a structural subsystem has been authorised to be placed in service on the high-speed rail system or an interoperability constituent is placed on the market with a view to use on the high-speed rail system, it shall from 2nd April 2006, be treated as authorised or placed on the market, as the case may be, under these Regulations.
(7) From 2nd April 2006 any reference in the High-Speed Regulations to—
(a)the “Health and Safety Executive” shall be read as the “Office of Rail Regulation”;
(b)the “Authority” shall be read as the “Competent Authority”;
(c)the “supervisory authority” shall be read as the “Safety Authority”.
(8) Anything done by or in relation to the Health and Safety Executive under the High-Speed Regulations shall be treated and have effect on or after 2nd April 2006 as done by or in relation to the Office of Rail Regulation.
(9) Where a project for the upgrading of an existing structural subsystem on the high-speed rail system has reached the design stage by 2nd April 2006, the contracting entity may treat the subsystem as requiring authorisation to be placed in service without applying for a decision from the Competent Authority under regulation 5 of these Regulations.
(10) Nothing in these Regulations shall affect the validity of an accessibility compliance certificate issued under regulation 22(4) of the High-Speed Regulations.
Commencement Information
I1Reg. 40 in force at 2.4.2006, see reg. 1(3)
(1)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.