Railway related legislation

Channel Tunnel Rail Link Act 1996

The CTRL Act takes the channel tunnel rail link outside the domestic regulatory regime. Section 21 creates an overriding duty on ORR to exercise its functions so as not to impede the CTRL.

The Competition Act 1998

This bans certain kinds of commercial behaviour because of the harm they cause to consumers and competition generally. ORR enforces the Competition Act 1998 where this kind of behaviour involves services relating to the railways.

Corporate Manslaughter and Corporate Homicide Act 2007: guidance

The Corporate Manslaughter and Corporate Homicide Act introduces a new offence, across the UK, for prosecuting companies and other organisations where there has been a gross failing, throughout the organisation, in the management of health and safety with fatal consequences.

The new offence will come into force on 6 April 2008.  This guidance provides further information about the 2007 Act and its implementation.

The Enterprise Act 2002

This contains many different sections dealing with different aspects of competition and consumer protection law. It gives ORR the power to refer rail-related markets that are not working well for consumers to the Competition Commission. The Enterprise Act also makes ORR responsible for dealing with "supercomplaints"  made by consumer bodies about problems in rail-related markets.

The Freedom of Information Act 2000

This Act says that ORR, as a public authority, has to disclose information to a member of the public when asked. The only limits to this duty are set out in the exemptions to the Act. ORR would normally have to deal with a request for information within 20 working days of receiving it.

Health and Safety at Work (etc) Act 1974  (HSWA)

This Act, and the health and safety regulations made under it, provide the framework for the regulation of industrial HSWA health and safety in the UK.  The RA 2005 gives ORR the policy responsibilities for health and safety on the railways.

The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006  (EARR 2006)

These Regulations make ORR an enforcing authority for the purposes of HSWA:  this gives ORR powers to serve enforcement notices, and prosecute for breaches health and safety law affecting the railways.

Railways Act 1993 (RA93)

The Act that contains most of ORR’s functions including, but not limited to, licensing, access agreements, review of access charges and enforcement. It also contains our statutory duties (section 4) which we must take into account in exercising our functions.

Railways Act 2005

This Act largely amends RA93. It transfers safety in relation to the railways from the HSE to ORR and also transfers most of the Strategic Rail Authority’s functions to the DfT. Section 52 gives us a new duty to assist and advise the Secretary of State and Scottish Ministers.

Railways (Access and Management) Regulations 2005

These regulations implement European Directives which open up access to previously exempt facilities such as ports and terminals and other freight depots and networks. It gives access seekers the right to appeal to ORR should they feel aggrieved about access or charging in relation to these facilities.

Railways (Licensing of Railway Undertakings) Regulations 2005

These regulations provide for ORR to issue European licenses and Statements of National Provisions (SNRPs).  European licences are valid across Europe - SNRPs are only relevant to the UK.

The Railways and Other Guided Transport Systems (Safety) Regulations 2006  (ROGS)

These Regulations implement EU safety requirements for railway operators and infrastructure managers.  They must maintain a safety management system and hold a safety certificate /authorisation, indicating that the safety management system has been accepted by ORR, before they are allowed to operate.  The regulations also make provision for the safe design of new vehicles and infrastructure, and impose controls on safety critical work. To be published on 9 April 2006.

The Railway Safety Levy Regulations 2006

These Regulations give ORR power to raise a levy from all railway service providers to fund its railway safety functions.

Railway and Transport Safety Act  2003  (RATS)

This Act abolished the Rail Regulator and created the Office of Rail Regulation :  Schedule 1 sets out the  legal framework of ORR.

Transport Act 2000

This Act has been largely repealed by the Railways Act 2005.  It made some amendments to the Railways Act 1993, including the introduction of the regime in Section 16A which enables ORR in certain circumstances to require the operators of railway facilities to provide new facilities, or facility owners to improve existing facilities.