The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/557 |
| Year | 2006 |
2006 No. 557
HEALTH AND SAFETY
The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006
Made 2nd March 2006
Laid before Parliament 9th March 2006
Coming into force 1st April 2006
The Secretary of State makes the following Regulations in exercise of the powers conferred by—
(a) sections 15(1), (2), (3) (a) and (c), (4) (a), (5) (b) and 82(3) (a) of, and paragraphs 1(1) (a) and (c), 3(1), 6(2), 7, 8(1), 14, 15(1) and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 19741;
(b) section 2(2) of the European Communities Act 19722; and
(c) sections 7(1), 9 and 11(1) of the Railways and Transport Safety Act 20033.
In accordance with section 50(1) of the 1974 Act4he has consulted the Health and Safety Commission and such other bodies as appears to him to be appropriate.
He is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to measures relating to the organisation of working time5, to the employment of children and young persons and to railways and railway transport6;
Citation and commencement
1. These Regulations may be cited as the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 and shall come into force on 1st April 2006.
Interpretation
2. In these Regulations—
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“bus” means a motor vehicle which is designed or adapted to travel along roads and to carry more than eight passengers but which is not a tramcar;
“cableway installation” means an installation made up of several components that—
(a) is used or intended to be used for the purpose of providing an operational system for carrying persons in vehicles, on chairs or by towing devices;
(b) uses cables positioned along the line of travel to provide suspension or traction or both; and
(c) is one of the following—
(i) a cable car (including a gondola and chair lift) where the cabins or chairs are lifted or displaced by one or more carrier cables;
(ii) a drag lift, where users with appropriate equipment are dragged by means of a cable; or
(iii) a funicular railway or other installation with vehicles mounted on wheels or on other suspension devices where traction is provided by one or more cables;
but does not include rack railways or cable operated tramways;
“carriageway”—
(a) in England and Wales, has the same meaning as in section 329(1) of the Highways Act 19807; and
(b) in Scotland, has the same meaning as in section 151 of the Roads (Scotland) Act 19848;
“construction work” has the same meaning as in regulation 2(1) of the Construction (Design and Management) Regulations 19949except that it does not include the installation, commissioning, maintenance, repair or removal of gas services which are normally fixed within or to a structure;
“dock premises” has the same meaning as in regulation 2(1) of the Docks Regulations198810;
“Enforcing Authority Regulations” means the Health and Safety (Enforcing Authority) Regulations 199811;
“the Executive” means the Health and Safety Executive;
“factory” means a factory within the meaning of section 175 of the Factories Act 196112or a power generating station but does not include—
(a) light maintenance depots;
(b) any premises forming part of a heritage railway which are used exclusively or primarily for the reconstruction, renovation, refurbishment or repair of vehicles for use on the heritage railway;
(c) any premises forming part of a heritage tramway which are used exclusively or primarily for the reconstruction, renovation, refurbishment or repair of vehicles for use on the heritage tramway;
(d) premises owned or operated by, or on behalf of, the Secretary of State for Defence; or
(e) power generating stations which produce power exclusively for use in a system of transport specified in regulation 3(2);
“guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation—
(a) travel along roads; and
(b) are guided (whether while on the road or at other times) by means of—
(i) apparatus, a structure or other device which is fixed and not part of the bus; or
(ii) a guidance system which is automatic;
“guided transport” means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles;
“heritage railway” means a railway which is operated to—
(a) preserve, re-create or simulate railways of the past; or
(b) demonstrate or operate historical or special types of motive power or rolling stock;
and is exclusively or primarily used for tourist, educational or recreational purposes;
“heritage tramway” means a tramway which is operated to—
(a) preserve, re-create or simulate tramways of the past; or
(b) demonstrate or operate historical or special types of motive power or rolling stock;
and is exclusively or primarily used for tourist, educational or recreational purposes;
“infrastructure” means the following fixed assets used for the operation of any system of transport specified in regulation 3(2)—
(a) the permanent way;
(b) electrical and mechanical installations used for signalling;
(c) electrical installations used for supplying power to vehicles; and
(d) any other plant, equipment or electrical or mechanical installation;
but, where and to the extent that the system is operated on a road, does not include road lighting, road traffic signals and signage or any apparatus located on, under or above the road unless used for the purposes of that system and maintained by the owner, operator or manager of the system or persons acting on behalf of one or more of them;
“intermodal depot” means a freight handling facility which is operated exclusively or primarily for the purpose of transferring containers from railway vehicles onto a different mode of transport or vice versa;
“lift” means an appliance, other than a cableway installation, serving specific levels and having a car moving—
(a) along guides which are rigid; or
(b) along a fixed course even where it does not move along guides which are rigid;
and inclined at an angle of more than 15 degrees to the horizontal and intended wholly or mainly for the transport of persons;
“light maintenance depot” means any premises used exclusively or primarily for, or in connection with, the provision of light maintenance services;
“light maintenance services” means services of any of the following descriptions—
(a) the refuelling of vehicles;
(b) the cleaning of vehicles; and
(c) the carrying out to vehicles of maintenance work of a kind which is normally carried out at regular intervals of twelve months or less to prepare the vehicles for service;
and, for the purposes of paragraph (c), “maintenance work” includes the detection and rectification of any faults;
“mine” has the same meaning as in section 180 of the Mines and Quarries Act 195413but, notwithstanding subsection (5) of that section, does not include any railway serving the mine unless and to the extent that the railway is located within the curtilage of the mine;
“nuclear licensed site” means a site in respect of which a nuclear site licence, within the meaning of section 1(1) of the Nuclear Installations Act 196514, has been granted and is in force;
“operation of a railway” includes, in particular,—
(a) use, parking, sheltering, maintenance and repair of a vehicle including its inspection, cleaning, fuelling and preparation for use;
(b) subject to paragraph (k), loading or unloading of goods on or from vehicles at operational premises;
(c) ensuring the fitness of trains to enter into service, in particular, in the case of freight trains, by checking the condition and distribution of goods carried;
(d) use of the infrastructure;
(e) use of those fixed assets of the railway (other than infrastructure) which are both used in its operation and comprise, or are located within, operational premises;
(f) use of signalling control centres, or centres used for the operation of communications systems or systems used for monitoring the operation of the railway, whether or not within operational premises, together with any railway offices within the same premises;
(g) training of railway staff within operational premises or other premises included within paragraph (f);
(h) carrying out construction work to the extent stated in regulation 5; and
(i) reconstruction, renovation, refurbishment and repair of vehicles for use on a heritage railway carried out at premises used exclusively or primarily for these purposes and which form part of the heritage railway;
but does not include—
(a) subject to paragraph (f), office activities relating to the railway which are not carried out within operational premises; or
(b) loading or unloading of goods on or from vehicles at dock premises, intermodal depots or premises owned or operated by, or on behalf of, the Secretary of State for Defence;
“operation of a tramway” and “operation of any other system of guided transport” includes, in particular,—
(a) use, parking, sheltering, maintenance and repair of vehicles including their inspection, cleaning, fuelling and preparation for use;
(b) ensuring the fitness of vehicles to enter into service;
(c) use of the infrastructure;
(d) use of those fixed assets of the system of transport (other than infrastructure) which are both used in its operation and comprise, or are located within, operational premises;
(e) use of signalling control centres, or centres used for the operation of communications systems or systems used for monitoring the operation of the system of transport, whether or not within operational premises, together with any offices of the system of transport within the same premises;
(f) training of staff within operational premises or other premises included within paragraph (e);
(g) carrying out...
To continue reading
Request your trial