9.—(1) A person who proposes the placing in service of a structural subsystem that conforms to the description in a determination of type, as modified under regulation 8(5) if applicable, may make an application for an authorisation to the Safety Authority.
(2) An application must be in writing and be accompanied by—
(a)a declaration by the project entity that the structural subsystem conforms to the description set out in the determination of type;
(b)a statement as to whether there have been any [F1material changes to the applicable standards] since the Safety Authority made or modified the determination of type; and
(c)if there are any such changes, a description of them.
(3) The Safety Authority must consider any application made under and in accordance with paragraphs (1) and (2) and must, and may only, issue an authorisation where it is satisfied that—
(a)the project subsystem conforms to the description set out in the determination of type;
(b)there have been no [F2material changes to the applicable standards] since the Safety Authority made or modified the determination of type which are material to the application; and
(c)the project subsystem has been so designed, constructed and installed as to meet the essential requirements relating to that subsystem when placed in service.
(4) Subject to regulation 10, regulations 5(2) and (4) and 7(2) do not apply to an application for an authorisation under this regulation.
(5) If the application is for a vehicle the declaration referred to in paragraph (2)(a) must be consistent with [F3Schedule 6].
(6) In this regulation “conforms” means conforms in all the respects which materially affect compliance with the applicable essential requirements.
Textual Amendments
F1Words in reg. 9(2)(b) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(14)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 9(3)(b) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(14)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 9(5) substituted (31.12.2020) by The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/345), regs. 1(2), 2(14)(b); 2020 c. 1, Sch. 5 para. 1(1)