2017 No. 84

Transport

The Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017

Made

Coming into operation

The Department for Infrastructure1, being a Department designated2 for the purposes of section 2(2) of the European Communities Act 19723 in relation to measures relating to railways and railway transport, in exercise of the powers conferred by that section, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

I11

These Regulations may be cited as the Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017 and come into operation on 26th June 2017.

Annotations:
Commencement Information
I1

Reg. 1 in operation at 26.6.2017, see reg. 1

I22

In these Regulations—

  • “Carrier, railway undertaking, station manager, ticket vendor and tour operator” have the same meanings as those contained in Article 3 of Regulation 1371/2007;

  • “Relevant person” means a railway undertaking, a station manager, a ticket vendor or a tour operator;

  • “Regulation 1371/2007” means Regulation (EC) No 1371/20074 of the European Parliament and of the Council of 23rd October 2007 on rail passengers rights and obligations.

  • “Consumer Council” means the General Consumer Council (Northern Ireland).

Annotations:
Commencement Information
I2

Reg. 2 in operation at 26.6.2017, see reg. 1

I33

The Interpretation Act (Northern Ireland) 19545 shall apply to these Regulations as it applies to an Act of the Assembly.

Annotations:
Commencement Information
I3

Reg. 3 in operation at 26.6.2017, see reg. 1

Establishment/designation of enforcement bodiesI44

1

For the purpose of Article 30(1) of Regulation 1371/2007 the body responsible for the enforcement of that Regulation is the Department of Infrastructure.

2

The railway undertaking must supply to the Department for Infrastructure such information and documents as that Department may reasonably require for the purpose of, or in connection with, the exercise of any of its functions under Regulation 1371/2007 or these Regulations.

Annotations:
Commencement Information
I4

Reg. 4 in operation at 26.6.2017, see reg. 1

Establishment/designation of passenger complaints handling systemI55

1

The designated body for the purpose of Article 30(2) of Regulation 1371/2007 to which any passenger may submit a complaint about an alleged contravention of Regulation 1371/2007 is the Consumer Council; and

2

A complaint shall be in writing.

Annotations:
Commencement Information
I5

Reg. 5 in operation at 26.6.2017, see reg. 1

Enforcement measuresI66

1

If the Department of Infrastructure is satisfied that a relevant person, has without reasonable excuse contravened Regulation 1371/2007, the Department may issue a notice.

2

A notice issued under paragraph (1) shall –

a

identify in reasonable detail the alleged contravention to which the notice relates; and

b

invite the person to whom the notice has been issued to demonstrate to the reasonable satisfaction of the Department–

i

that the alleged contravention has not occurred; or

ii

the measures which that person has implemented or proposes to implement in order to remedy or avoid any recurrence of the contravention.

3

Where the Department is not satisfied that the matters specified in paragraph 2(b) have been demonstrated it may issue a further notice requiring the person to take such measures as are specified in the notice, within such period as may be specified.

4

It shall be the duty of a person to whom a notice has been issued under paragraph (2) or (3) to comply with that notice.

Annotations:
Commencement Information
I6

Reg. 6 in operation at 26.6.2017, see reg. 1

Offence and level of fineI77

For the purposes of Article 32 of Regulation 1371/2007, a relevant person, who contravenes Regulation 1371/2007 or fails to comply with a notice issued under regulation 6, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations:
Commencement Information
I7

Reg. 7 in operation at 26.6.2017, see reg. 1

Reimbursement and compensation of the ticket priceI88

A railway undertaking shall develop and maintain a system of reimbursement and compensation in accordance with the requirements of Articles 16, 17 and 18, but subject to Article 6(2) of Regulation 1371/2007.

Annotations:
Commencement Information
I8

Reg. 8 in operation at 26.6.2017, see reg. 1

Compensation claimsI99

A claim by a person for a contravention of any of that person’s rights under Regulation 1371/2007 may be subject to civil proceedings in the same way as an any other claim in tort.

Annotations:
Commencement Information
I9

Reg. 9 in operation at 26.6.2017, see reg. 1

Sealed with the Official Seal of the Department for Infrastructure on 11th May 2017

seal_r00001Tom ReidA senior officer of the Department for Infrastructure
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations give effect to Articles 30 and 32 of Regulation 1371/2007 of the European Parliament and of the Council of 23rd October 2007 concerning the rights of rail passengers. This is directly applicable in member states. These Regulations also provide for the operational implementation of Regulation 1371/2007 in relation to the complaints handling and enforcement of these aspects of the rights of passengers in rail transport.

Regulation 4 implements Article 30(1) of Regulation 1371/2007 by designating the Department for Infrastructure as being responsible for the enforcement of Regulation 1371/2007 and gives that Department the right to ask for information to assist it in carrying out their functions.

Regulation 5 implements Article 30(2) of Regulation 1371/2007 by designating the Consumer Council as the body to which complaints may be made by passengers about alleged infringements of Regulation 1371/2007.

Regulation 6 implements the enforcement measures which would apply where the EC regulation No. 1371/2007 has been contravened.

Regulation 7 implements Article 32 of Regulation 1371/2007 by setting penalties applicable to those found guilty of infringements of Regulation 1371/2007 or failing to comply with a notice issued under regulation 6.

Regulation 8 requires the railway undertaking to develop and maintain a system of reimbursement and compensation in line with Regulation 1371/2007.

Regulation 9 enables persons who have suffered an infringement of their rights under Regulation 1371/2007 to seek compensation separately from any criminal penalty that may be imposed.