HEALTH AND SAFETY 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; “bus substitution service” means a service for the carriage of passengers by road that is provided as an alternative to the whole or a part of a railway or tramway passenger service that has been discontinued, reduced or modified (whether temporarily or permanently) ; “cableway installation” means an installation made up of several components that— 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; uses cables positioned along the line of travel to provide suspension or traction or both; and is one of the following— a cable car (including a gondola and chair lift) where the cabins or chairs are lifted or displaced by one or more carrier cables; a drag lift, where users with appropriate equipment are dragged by means of a cable; or 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”— in England and Wales, has the same meaning as in section 329(1) of the Highways Act 1980 ; and in Scotland, has the same meaning as in section 151 of the Roads (Scotland) Act 1984 ; “construction work” has the same meaning as in regulation 2(1) of the Construction (Design and Management) Regulations 2015 except that it does not include the installation, commissioning, maintenance, repair or removal of gas services which are normally fixed within or to a structure; “contractor” has the same meaning as in regulation 2(1) of the Construction (Design and Management) Regulations 2007 ; ... “ Enforcing Authority Regulations ” means the Health and Safety (Enforcing Authority) Regulations 1998 ; “ entity in charge of maintenance ” has the same meaning as in the Railways and Other Guided Transport Systems (Safety) Regulations 2006; “ the Executive ” means the Health and Safety Executive; “factory” means a factory within the meaning of section 175 of the Factories Act 1961 or a power generating station but does not include— light maintenance depots; 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; 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; premises owned or operated by, or on behalf of, the Secretary of State for Defence; or 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— travel along roads; and are guided (whether while on the road or at other times) by means of— apparatus, a structure or other device which is fixed and not part of the bus; or a guidance system which is automatic; “guided transport” means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles; “harbour area” has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016; “heritage railway” means a railway which is operated to— preserve, re-create or simulate railways of the past; or 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— preserve, re-create or simulate tramways of the past; or 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)— the permanent way; electrical and mechanical installations used for signalling; electrical installations used for supplying power to vehicles; and 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— along guides which are rigid; or 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— the refuelling of vehicles; the cleaning of vehicles; and 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; “ mainline railway ” has the same meaning as in the Railways and Other Guided Transport Systems (Safety) Regulations 2006; “mine” has the same meaning as in section 180 of the Mines and Quarries Act 1954 but, notwithstanding subsection (7) 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; “miniature railway” means a system of transport employing parallel rails which– provide support and guidance for vehicles carried on flanged wheels; and form a track of a gauge of less than 350 millimetres ; “ the ONR ” means the Office for Nuclear Regulation; ... “operation of a railway” includes, in particular,— use, parking, sheltering, maintenance and repair of a vehicle including its inspection, cleaning, fuelling and preparation for use; subject to paragraph (k), loading or unloading of goods on or from vehicles at operational premises; 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; use of the infrastructure; 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; 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; training of railway staff within operational premises or other premises included within paragraph (f); carrying out construction work to the extent stated in regulation 5; and 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— subject to paragraph (f), office activities relating to the railway which are not carried out within operational premises; or loading or unloading of goods on or from vehicles in harbour areas, at 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,— use, parking, sheltering, maintenance and repair of vehicles including their inspection, cleaning, fuelling and preparation for use; ensuring the fitness of vehicles to enter into service; use of the infrastructure; 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; 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; training of staff within operational premises or other premises included within paragraph (e); carrying out construction work to the extent stated in regulation 5; and in the case of tramways, the reconstruction, renovation, refurbishment and repair of vehicles for use on a heritage tramway carried out at premises used exclusively or primarily for these purposes and which form part of the heritage tramway; but, subject to paragraph (e), does not include office activities relating to the system of transport which are not carried out within operational premises; “operational premises” means, in relation to any system of transport specified in regulation 3(2),— the permanent way; stations; light maintenance depots; and any land adjacent to or adjoining the permanent way which is used, occupied or held for the purposes of the system; but does not include— parts separately occupied for the carrying on of any trade, business or undertaking other than for the purposes of the system, including shops, offices or premises used for the provision of catering services or temporary residential accommodation; or where and to the extent that the system is operated on a road, all other parts of the road including bridges, tunnels, culverts, retaining walls or other structures used or to be used for the support of, or otherwise in connection with, the road; “the permanent way”, in relation to any system of transport specified in regulation 3(2), means any land or other property comprising the permanent way of the system, taken together with the ballast, sleepers and metals or other means of guidance laid on, under or over it, whether or not the land or other property is also used for other purposes and includes— any level crossings, bridges, viaducts, tunnels, culverts, retaining walls or other structures used or to be used for the support of, or otherwise in connection with, the permanent way; and any walls, fences or other structures bounding the system or bounding any adjacent or adjoining property; but does not include— any bridge, structure or other property which spans the permanent way and is maintained by persons other than the owner, operator or manager of the system or persons acting on behalf of one or more of them; or where and to the extent that the system is operated on a road, all other parts of the road including bridges, tunnels, culverts, retaining walls or other structures used or to be used for the support of, or otherwise in connection with, the road; “power generating station” means any premises used exclusively or primarily for the purposes of generating electrical energy; “quarry” has the same meaning as in regulation 3 of the Quarries Regulations 1999 ; “railway” means a system of transport employing parallel rails which— provide support and guidance for vehicles carried on flanged wheels; and form a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level); but does not include a tramway; “road”— in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes; and in Scotland, has the same meaning as in the Roads (Scotland) Act 1984; “station” means any premises used as, or for the purposes of, or otherwise in connection with, a passenger station or terminal of a system of transport specified in regulation 3(2), (including station offices, ticket offices, left luggage and lost property facilities, approaches, forecourt, car parks and cycle stores), whether or not the premises are also used for other purposes; “tramway” means a system of transport used wholly or mainly for the carriage of passengers— which employs parallel rails which— provide support and guidance for vehicles carried on flanged wheels; are laid wholly or partly along a road or in any other place to which the public has access (including a place to which the public has access only on making a payment); and on any part of which the permitted maximum speed is such as to enable the driver to stop a vehicle in the distance he can see to be clear ahead; “vehicle” means any vehicle which for some or all of the time when it is in operation is guided by means of— rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle; or a guidance system which is automatic; and includes a mobile traction unit; “warehouse premises” means any premises used exclusively or primarily for the storage of goods for retail or wholesale distribution. Enforcing authority 3 1 Subject to paragraphs (3) to (5), the Office of Rail and Road shall be responsible for the enforcement of the relevant statutory provisions to the extent that they relate to any activity specified in paragraph (2) (whether or not that activity is the main activity carried out in premises). 2 Subject to regulations 4 and 5, the activities referred to in paragraph (1) are the following— a the operation of a railway; b the operation of a tramway; and c the operation of any other system of guided transport. 3 The Office of Rail and Road shall be responsible for the enforcement of subsections (1), (2), (4) and (5) of section 6 of the 1974 Act (general duties of manufacturers etc as regards articles and substances for use at work) but only in so far as their requirements relate to any— a articles for use at work which are designed, manufactured, imported or supplied, or b substances which are manufactured, imported or supplied, to be used exclusively or primarily in the construction or operation of any system of transport specified in paragraph (2). 4 The Office of Rail and Road shall be responsible for the enforcement of subsection (3) of section 6 of the 1974 Act but only in so far as its requirements relate to the erection or installation of any articles for use at work which are to be used in the operation of any system of transport specified in paragraph (2). 4A The Office of Rail and Road has no responsibility for the enforcement of the Ionising Radiations Regulations 2017. 5 This regulation shall have effect subject to regulation 32(4) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (enforcement) . 6 This regulation shall have effect notwithstanding anything to the contrary in the following provisions of the Enforcing Authority Regulations— a regulation 3; b paragraphs (1) and (2) of regulation 4 but only in so far as they relate to the bodies specified in paragraph (3) (a), (b) and (h) of that regulation; c regulation 4(4)(a); and d regulation 4(4)(b) but only in so far as it relates to the activity specified in paragraph 4(a) of Schedule 2; or in any transfer or assignment pursuant to regulations 5 , 5A or 6 of those Regulations. Exceptions 4 1 The activities specified in regulation 3(2) do not include the operation of— a a cableway installation; or b any fairground equipment ; or c a miniature railway which does not cross a carriageway (whether or not on the same level); or d a bus substitution service when outside operational premises. 2 The systems of guided transport specified in regulation 3(2) (c) do not include— a a guided bus system; b any other system of guided transport that employs vehicles which for some or all of the time when they are in operation travel along roads; or c a lift, unless it is used in the operation of any system of transport specified in regulation 3(2). 3 The operation of a system of transport specified in regulation 3(2) does not include such an operation carried out within— a a harbour area within premises referred to in any of sub paragraphs (c) to (h); b any other harbour area unless— i the system of transport operated is part of a system which is operated outside the harbour area and the operation is for the purpose of or related to the carriage of passengers or goods to or from the harbour area ; or ii the system of transport is not operated outside the harbour area but is a railway, tramway or other system of guided transport for the carriage of the public not connected to any other railway ; c an establishment to which the Control of Major Accident Hazards Regulations 2015 applies; d a factory; e a mine; f a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013); g a quarry; or h warehouse premises. 4 Notwithstanding paragraph (3), the Office of Rail and Road shall be responsible for the enforcement of orders made under section 1 of the Level Crossings Act 1983 whether or not a level crossing to which such an order relates is within any premises referred to in paragraph (3). 4A Notwithstanding paragraph (3), where an entity in charge of maintenance performs maintenance on a vehicle that is to be placed in service or is used on the mainline railway, the operation of a railway specified in regulation 3(2)(a) shall include such maintenance performed on a vehicle within any premises referred to in paragraph (3). 5 The activities specified in regulation 3(2) do not include the undertaking of any work which is prohibited by the Control of Asbestos Regulations 2012 from being carried out by any employer or self employed person without a licence granted under regulation 8 of those Regulations relating to that work. Construction work 5 1 Without prejudice to regulation 4(5), the operations specified in paragraph (2) of regulation 3 include construction work a for the maintenance, repair, renewal or improvement of existing infrastructure; and b for the extension or enlargement of infrastructure if that work is in such close proximity to the operation of a railway, tramway or other system of guided transport specified in that paragraph that such operation creates a risk to the health, safety or welfare of those engaged in that work. 2 Without prejudice to regulation 4(5) and subject to paragraph (3), the operations set out in paragraph (2) of regulation 3 also include construction work if it is a carried out within operational premises; and b relates to the maintenance, repair, renewal or improvement of any fixed asset (other than infrastructure) of a system of transport specified in that paragraph. 3 Paragraph (2) does not include construction work— a carried out in relation to a structure, premises or other property whose primary function is not related to the operation of the system of transport; or b carried out in relation to a bridge, structure or other property which spans or is adjacent to operational premises, by persons other than the owners, operator or manager of the system of transport or persons acting on behalf of one or more of them; or c where there is a suspension of the activities normally carried out in the operational premises (other than the use of the infrastructure for the through operation of vehicles with the exit of a passenger or passengers from such a vehicle only in the case of emergency) and the construction work meets the following conditions— i the work is carried out in an area which is segregated physically from the infrastructure; and ii the contractor has the authority to exclude from the segregated area persons who are not attending in connection with the carrying out of the work; or d where activities normally carried on in relation to the operation of the system of transport continue and— i the construction work meets the conditions set out in sub paragraphs (i) and (ii) of paragraph (c); and ii there is no access (other than emergency access) between the segregated area and the remainder of the operational premises. Assignment of responsibility for enforcement in cases of uncertainty: the Office of Rail and Road and the ONR 5A 1 This regulation applies where there is uncertainty as to what are the respective responsibilities of the Office of Rail and Road and the ONR by virtue of regulations made under sections 15 or 18(2) of the 1974 Act for the enforcement of— a section 6 of the 1974 Act in respect of any particular article for use at work or substance; or b any other relevant statutory provision in respect of any particular site or any activity carried on there. 2 The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Office of Rail and Road and the ONR (acting jointly) to the Office of Rail and Road or the ONR. 3 An assignment under paragraph (2) may be made only where the Office of Rail and Road and the ONR agree— a that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 15 or 18(2) of the 1974 Act; and b which authority is more appropriate to be responsible for enforcement in that case. 4 Where an assignment is made under paragraph (2), the authority to which responsibility is assigned must give notice of the assignment to any person affected by it. Amendments 6 The enactments referred to in the Schedule are amended in accordance with the provisions of the Schedule. Transitional provisions 7 1 In this regulation— a “functions” means the functions transferred to the Office of Rail and Road by these Regulations; and b “transfer” means the transfer referred to in sub-paragraph (a). 2 Anything done by, or in relation to, the Executive in relation to the functions which has effect at the date of the coming into force of these Regulations shall, so far as necessary or appropriate for the purposes of, or in consequence of, the transfer, have effect as if done by, or in relation to, the Office of Rail and Road . 3 There may be continued by, or in relation to, the Office of Rail and Road anything (including legal proceedings) relating to the functions which is in the process of being done by, or in relation to, the Executive immediately before the coming into force of these Regulations. 4 Any reference to the Executive in any document relating to the functions shall be taken, so far as necessary or appropriate for the purposes of, or in consequence of, the transfer, as a reference to the Office of Rail and Road . 5 The transfer does not affect the validity of anything done by, or in relation to, the Executive before the coming into force of these Regulations. 6 In this regulation a reference to the Executive, or to the Office of Rail and Road , includes respectively a reference to an officer of that body, including any inspector appointed by it, so far as necessary or appropriate for the purposes of, or in consequence of, the transfer. 7 If and in so far as immediately before the coming into force of these Regulations any of the functions are held by a local authority pursuant to any transfer or assignment made under regulations 5 or 6 of the Enforcing Authority Regulations, paragraphs (2) to (6) of this regulation shall have effect as if any reference to the “Executive” were a reference to a local authority. Review 8 1 Before the end of each review period, the Secretary of State must— a carry out a review of these Regulations; b set out the conclusions of the review in a report; and c publish the report. 2 The report must in particular— a set out the objectives intended to be achieved by the regulatory system established by these Regulations; b assess the extent to which those objectives are achieved; and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. 3 “ Review period ” means— a the period of five years beginning with the day on which the Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 come into force; and b subject to paragraph (4), each successive period of five years. 4 If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published. Signed by authority of the Secretary of State for Transport Derek Twigg Parliamentary Under Secretary of State 2nd March 2006