Document Generated: 2022-06-22
Status: This is the original version (as it was originally made).
(iv) it handles more than twenty percent of the total biomass fuel traffic in the United
Kingdom.
(6) In this paragraph—
(a) “harbour authority” has the same meaning in section 313(1) of the Merchant Shipping Act
1995(60);
(b) “port facility” has the same meaning as in regulation 2 of the Port Security Regulations
2009(61);
(c) “vessel traffic services” has the same meaning as in regulation 2(1) of the Merchant
Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004(62).
The rail transport subsector
6.—(1) This paragraph describes the threshold requirements which apply to specified kinds of
essential services in the rail transport subsector.
(2) For the essential service of rail services the threshold requirements are—
(a) in Great Britain, any operator of a mainline railway asset but excluding operators of—
(i) railway assets solely for the provision of international rail services;
(ii) railway assets for metro, tram and other light rail, including underground, systems;
(iii) heritage, museum or tourist railways, whether or not they are operating solely on
their own network; and
(iv) networks which are privately owned and exist solely for use by the infrastructure
owner for its own freight operations or other passenger or freight services for third
parties and operators of passenger or freight services on those networks (including
high speed rail services);
(b) in Northern Ireland, any railway undertaking in Northern Ireland.
(3) For the essential service of high speed rail services the threshold requirement in the United
Kingdom is an operator of a railway asset for high speed rail services.
(4) For the essential service of metros, trams and other light rail services (including underground
services), the threshold requirement in the United Kingdom is an operator with more than 50 million
annual passenger journeys.
(5) For the essential service of international rail services the threshold requirement in the United
Kingdom is an operator of a Channel Tunnel train or the infrastructure manager of the Channel Fixed
Link.
(6) In this paragraph—
(a) “operator” and “railway asset” have the same meaning as in section 6 of the Railways Act
1993(63);
(b) “international rail service” means a rail service where all carriages on the train cross a
border of the United Kingdom and that of a Member State, and where the principal purpose
of the service is to carry passengers or goods between stations located in the United
Kingdom and a station in at least one Member State;
(60) 1995 c. 21. The definition for “harbour authority” was substituted by section 29(1) of, and paragraph 19(2)(a) of Schedule 6 to,
the Merchant Shipping and Maritime Security Act 1997 (c. 28). There are other amendments not relevant to this instrument.
(61) S.I. 2009/2048 as amended by S.I. 2013/2815.
(62) S.I. 2004/2110 as amended by S.I. 2011/2616. There are other amendments not relevant to this instrument.
(63) 1993 c. 43. There are amendments not relevant to this instrument.
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