HSE publishes guide on new Railways (Interoperability) (High-Speed) Regulations

HSE Press Release E151:02 - 26 July 2002

The Health and Safety Executive (HSE) has published a new guide to help duty holders in the railway industry to meet their responsibilities under the Railways (Interoperability)

(High-Speed) Regulations 2002, which came into force on 16 May 2002.

The new guide is for duty holders - called contracting entities in the Regulations - and other organisations involved in placing new or upgraded structural subsystems (i.e. works, plant or equipment) into service on the UK's high-speed rail network.

The HSE guide describes how contracting entities can apply for authorisations to place their new works, etc. into service; the information they will need to produce and send to HSE; and how HSE will handle their applications. It also tells them how to raise queries about the new process, and gives useful contact points for the other government bodies involved. The guide complements the Department for Transport's (DfT) 'Guidance on the Scope and Application of The Railways (Interoperability) (High-Speed) Regulations 2002', which explains the roles of all players in implementing these new, EU Directive driven Regulations.

The Regulations and guide replace the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 (ROTS) and accompanying guidance 'Guide to the Approval of Railway Works, Plant and Equipment' for works on the UK's designated high-speed rail network. All other new or altered works, plant or equipment on the conventional rail network or other guided transport systems, e.g. tramways, will continue to be approved for use by HSE under ROTS.

The 'Guide to the Authorisation of Structural Subsystems' is available free on HSE's website at: http://www.hse.gov.uk/railways/subsystems/index.htm

Notes to editors

1. DfT drew up the Regulations and produced 'Guidance on the Scope and Application of The Railways (Interoperability) (High-Speed) Regulations 2002' to accompany them. The DfT guidance explains the Regulations, and sets out the responsibilities of the various organisations implementing them. The new HSE guide is intended to build on the information given in this guidance about our role, and the two should be read together. HSE's guide on the web provides links to the DfT website, where copies of its guidance can be downloaded.

2. The Regulations came into force on 16 May 2002, and industry has a three-month period in which it has to get screening and/or staged works decisions for ongoing schemes. But if during this time industry can complete work on the high-speed network they may apply for approval under ROTS rather than authorisation under the Regulations. The Regulations disapply ROTS for all works on the high-speed network. However, if work covers both conventional and high-speed structural subsystems duty holders will need to apply for both approval under ROTS and authorisation under the Regulations for the appropriate parts. The disapplication of ROTS is explained in the DfT guidance.

3. Under the Regulations the person who manufactures or constructs a structural subsystem for use in the construction or upgrading of the high-speed rail network including high-speed rolling stock, or contracts another person to do so, must get authorisation from HSE's HM Railway Inspectorate to place it in service. The Regulations also give HSE enforcement powers to serve improvement or prohibition notices for breaches of the Regulations under sections 21 and 22 of the Health and Safety at Work, etc. Act 1974.

4. The Regulations apply only to specific parts of the UK rail network that have been defined as high-speed. They are: the Channel Tunnel Rail Link; the East and West Coast Main Lines; the Great Western Main Line between London and Bristol/Cardiff; the part of the Channel Tunnel falling within UK jurisdiction; and the line between Belfast and the border with the Republic of Ireland.

5. The Regulations implement European Directive 96/48/EC on the Interoperability of the Trans European high-speed rail system. You can access a copy of the Directive at the European Union website: http://www.europa.eu.int/, while the Annexes are reproduced in the Regulations. A copy of the Regulations can be obtained from http://www.legislation.gov.uk/ and they are also appended to the DfT's guidance mentioned above.

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