European Communities (Licensing of Railway Undertakings) Regulations, 1999.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations, may be cited as the European Communities (Licensing of Railway Undertakings) Regulations, 1999.
Interpretation.
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paragraphs: (1) In these Regulations—
“applicant railway undertaking” means a railway undertaking that—
(a) intends, as a member of an international grouping or otherwise, to provide any services referred to in Regulation 4, 5 or 6 of the European Communities (Access to Railway Infrastructure) Regulations, 1996 ( S.I. No. 204 of 1996 ), under the conditions laid down in those Regulations, and
(b) is entitled under Article 4.1 to apply for a licence in the State;
“accountant” means a person who has been admitted as a member of an incorporated society of accountants, or of a Chartered Institute or Association of Accountants, or a person who has been admitted a member of the body incorporated under the Companies Act, 1963 , on the 31st day of December, 1975, as ‘The Institute of Taxation in Ireland’;
“auditor” means a person qualified for appointment as an auditor of a company by virtue of the Companies Acts, 1963 to 1999,
“bank” means a recognised bank within the meaning of the Central Bank Acts, 1942 to 1998;
“company” has the same meaning as it has in the Companies Acts, 1963 to 1999, and, where appropriate, includes a cooperative and any other body corporate duly established;
“the Directive” means a Council Directive 95/18/EC of 19 June, 1995(1) , on the licensing of railway undertakings;
“functions” includes powers and duties;
“international grouping” means any association of at least two railway undertakings established in different member states for the purpose of providing international transport services between Member States;
“licence” means, except in Regulations 4(b) and 19, an authorisation which—
(a) is issued by the Minister to a railway undertaking,
(b) subject to any limitations as to the specific services that may be provided, recognises the undertaking's capacity as a railway undertaking, and
(c) subject to Article 10, is valid throughout the Community by virtue of Article 1.3,
but which does not itself entitle the undertaking to access railway infrastructure;
“licensee” means the holder of a licence;
“Member State” means a Member State of the European Communities;
“the Minister” means the Minister for Public Enterprise;
“solicitor” means a person who holds a current practising certificate granted under the Solicitors Acts, 1954 and 1994.
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.
(3) In these Regulations—
(a) a reference to an Article is to an Article of the Directive,
(b) a reference to a Regulation is to a Regulation of these Regulations unless it is indicated that a reference to some other instrument is intended, and
(c) a reference to a paragraph is to a paragraph of the Regulation in which the reference occurs.
Designation and functions of the Minister as licensing authority.
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paragraphs: (1) The Minister is hereby designated in accordance with Article 3 as the body responsible for issuing licences and for carrying out the obligations imposed by the Directive in relation to the State, including, without prejudice to the generality of the foregoing, the obligations imposed by Articles 4.2, 11.2, 11.5, 11.7, 11.8 and 15.2.
(2) Accordingly, a reference in the Directive to the licensing authority shall be construed as a reference to the Minister.
(3) In addition to the powers conferred on the licensing authority by Articles 10.1, 11.1, 11.3, 11.4, and 11.5, the Minister's functions as the licensing authority shall include the power to—
(a) limit the services that may be provided under a licence,
(b) incorporate in a licence conditions requiring the licensee to submit to a review of its licence at least every five years during the currency of the licence, and
(c) incorporate in a licence specific provisions governing the suspension or revocation of the licence.
Requirement to hold a licence.
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paragraphs: No person or undertaking shall provide any services referred to in Regulation 4, 5 or 6 of the European Communities (Access to Railway Infrastructure) Regulations, 1996 ( S.I. No. 204 of 1996 ), except in accordance with—
(a) a licence issued under these Regulations, or
(b) a licence recognised under Regulation 19 as valid in the State.
Application for licence.
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paragraphs: (1) Each applicant railway undertaking shall comply with the requirement of the Directive and with the requirements imposed by or under this Regulation.
(2) An application for a licence shall be in such form as the Minister may from time to time direct and shall be accompanied by the following:
(a) appropriate written proof that the applicant railway undertaking is established in the State;
(b) an affidavit in accordance with Regulation 7;
(c) the particulars listed in section 1 of the Annex to the Directive together with an affidavit made by an auditor, and suitable documents from a banker or accountant, confirming that the applicant railway undertaking meets the financial fitness requirements in accordance with Article 7;
(d) the particulars listed in section II of the Annex to the Directive together with appropriate written proof of compliance with the qualification requirements for personnel responsible for safety;
(e) appropriate written proof of cover for civil liability in accordance with Article 9;
(f) the application fee specified under Regulation 14(1)(c).
(3) The Minister may—
(a) seek further particulars of any matter that appears to the Minister to be relevant to her or his consideration of an application, and
(b) require those particulars to be given by means of an affidavit or statutory declaration or in such other manner as the Minister may direct.
(4) The Minister may make any enquiries that she or he sees fit in order to verify the following:
(a) any information contained in an application for a licence or in an accompanying affidavit;
(b) any particulars given to the Minister under paragraph (3).
Issue of licence.
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paragraphs: (1) After considering an application made under Regulation 5, the Minister shall issue a licence to the applicant railway undertaking if he or she is satisfied that the undertaking will be able, at all times during the currency of the licence, to meet—
(a) in accordance with Regulation 7, the requirement of good repute, and
(b) in accordance with Articles 7 to 9, the requirements relating to financial fitness, professional competence and cover for civil liability.
(2) For the purposes of Article 15.2, the Minister's proposal to refuse, or decision concerning, an application for a licence (including, in the case of a proposal to refuse or a refusal, the reason or reasons for the proposal or refusal) shall be communicated by written notice to the applicant railway undertaking.
Good repute.
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paragraphs: (1) For the purpose of Article 6, the requirement of good repute is met if the applicant railway undertaking furnishes the Minister with an affidavit made by a solicitor confirming—