Transfer of responsibility from HSC/E to ORR for regulation of rail health and safety

The Railways Act 2005 makes provision for a transfer of responsibility for regulation of rail health and safety from HSC/E to the Office of Rail Regulation. The transfer is expected to take place around the beginning of 2006. In the meantime, HSC/E continue to be responsible for rail safety regulation.

HSC/E are working closely with ORR and DfT to ensure that the merger of HSE Rail with ORR takes place as smoothly as possible. A joint programme of work has been set up to ensure that health and safety continues to be regulated effectively and consistently up to and beyond the merger; that there is clarity about the future role of HSC/E and ORR; and that staff are consulted about the practical arrangements for creating the new organisation. This programme of work is linked to DfT?s overall programme to implement changes set out in the Future of Rail White Paper.

Railway safety is regulated under the Health and Safety at Work etc Act 1974 (HSWA) and other legislation, some of which is railway-specific. HMRI inspectors will continue to operate, in the newly merged organisation, under the same statutory framework as now. ORR?s initial thinking on how a combined economic and safety regulator will operate was set out in a letter from Chris Bolt, Chair of ORR to the Secretary of State for Transport [PDF 138kb].

ORR intends to issue bulletins for stakeholders on its current thinking regarding the transfer of responsibility. The first of these is available on ORR's website.