Statutory Instruments
2014 No. 2793
Transport
The Rail Passengers’ Rights and Obligations (Exemptions) Regulations 2014
Made
17th October 2014
Laid before Parliament
22nd October 2014
Coming into force
4th December 2014
The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1 ).
The Secretary of State is a Minister designated for the purposes of that section in relation to measures relating to railways and railway transport( 2 ).
Citation, commencement and expiry I1
1. —(1) These Regulations may be cited as the Rail Passengers’ Rights and Obligations (Exemptions) Regulations 2014 and come into force on 4th December 2014.
(2) They cease to have effect on 4th December 2019.
Extent I2
2. These Regulations do not extend to Northern Ireland.
Interpretation I3
3. In these Regulations –
“the European Regulation” means Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23rd October 2007 on rail passengers’ rights and obligations( 3 ) [F1 as amended by the Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018 F1] ; and
“domestic rail passenger service” has the meaning given by Article 3(11) of the European Regulation.
Exemption of domestic rail passenger services from the provisions of the European Regulation I4
4. [F2—(1) Subject to paragraph (2), domestic rail passenger services are exempt from the provisions of the European Regulation. F2]
(2) The exemption in paragraph (1) does not apply in relation to the provisions specified in Article 2(3) of the European Regulation.
Liability in respect of exempt services I5
5. —(1) This paragraph applies when –
(a) A person (“A”) is liable to another person (“B”) under the European Regulation; and
(b) A third person (“C”) would, but for the exemption granted in regulation 4(1), be liable to A in respect of some or all of A’s liability to B.
(2) Where paragraph (1) applies, C shall be liable to A in respect of A’s liability to B to the same extent and under the same conditions as if the exemption in regulation 4(1) had not been granted.
Revocation of the Rail Passengers’ Rights and Obligations (Exemptions) Regulations 2009 I6
6. The Rail Passengers’ Rights and Obligations (Exemptions) Regulations 2009( 4 ) are revoked.
Signed by authority of the Secretary of State for Transport
Claire Perry
Parliamentary Under Secretary of State
Department for Transport
1972 c. 68 . Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51) , section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7) , Part 1 of the Schedule.
S.I. 1996/266 , to which there are amendments not relevant to these Regulations.
OJ No. L315, 3.12.2007, p.14.