Safety approvals under orders and private acts

This guide describes how ORR will process applications for safety-related approvals required under Transport and Works Act Orders, Light Railway Act Orders and Private Acts of Parliament.

The approval powers have been delegated to us by the Secretary of State for Transport. The Department for Transport (DfT) retains non safety-related approval powers under the terms of an Agency Agreement agreed between DfT and ORR. Dutyholders should not have to generate any more documentation than would normally be produced as part of a robust safety management system.

Outline of the process involved

1. On receipt of notification from the dutyholder of proposed works, we will consider the relevant piece of legislation, which should be provided by the dutyholder, to determine the specific scope of approval required.
2. We will decide, after discussion with the dutyholder, on the evidence required to allow it to determine whether the works / procedures within the scope of the approval can be brought into operation.
3. We will assess the evidence it needs to process the application.  In doing so, it may conduct reviews, inspections or audits.
4. Our inspectors allocated to the scheme will prepare a report setting out the findings of their work.
5. On the basis of the report, our Director of Railway Safety will send a letter to the dutyholder approving the specific works / procedures covered by the legislation, or setting out the reasons why we cannot give approval.
6. It is for the dutyholder to demonstrate that a proposed scheme will comply with standards / be a sensible change etc. and risks are controlled (whether they are non-safety or safety related) and it is for us to authorise on behalf of DfT.