The Cross-border Railway Services (Working Time) Regulations 2008

UK Statutory Instrument 2008 No. 1660 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 25 June 2008
In force from: 27 July 2008
Extent: Not stated
Subject: Corporate, financial services, company law, employment, charity, electoral and tax
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement the provisions of Council Directive 2005/47/EC (OJ No. L195, 27.7.05, p15) of 18th July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector. The Regulations apply to workers whose daily shift includes more than one hour on train services going through the Channel Tunnel that require at least two network safety requirement certifications. These workers are referred to as cross-border workers in the Regulations. Regulations 3 to 7 give cross-border workers entitlements to rests and breaks from work. Regulation 8 obliges the employer to take reasonable steps to ensure the requirements relating to driving time set out in that regulation are complied with. Regulation 9 requires the employer to keep records and provide copies of the records. Regulation 10 to 16 and Schedule 2 contain provisions in relation to enforcement. An employer’s obligations under regulations 8 and 9 are enforceable by the Office of Rail Regulation and an employer’s failure to comply with an obligation under either regulation is an offence. Regulation 17 makes provision in respect of complaints to an employment tribunal. Regulation 18 prevents contracting out of the provisions of the Regulations, subject to exceptions set out in regulation 18. Regulation 19 and Schedule 3 amend the Working Time Regulations 1998 (S.I. 1998/1833, as subsequently amended, including by S.I. 2003/1684, which is relevant to these Regulations). The Working Time Regulations 1998 implement Directive 2003/88/EC (OJ No. L299, 18.11.03, p9) of the European Parliament and of the Council of 4th November 2003 concerning certain aspects of the organisation of working time. Article 14 of that Directive provides that where other Community instruments contain more specific requirements relating to the organisation of working time for certain occupations or occupational activities the Directive does not apply. Council Directive 2005/47/EC contains more specific requirements than some of the requirements of Directive 2003/88/EC. Consistent with Article 14 of Directive 2003/88/EC, Schedule 3 amends the Working Time Regulations 1998 so that the provisions on compensatory rest do not apply to cross-border workers. Regulation 19 and Schedule 3 also amend the Employment Tribunals Act 1996 (c.17), the Employment Rights Act 1996 (c.18) and the Employment Act 2002 (c.22) so that provisions of those Acts that refer to the Working Time Regulations 1998 also refer to these Regulations. A full Impact Assessment of the effect this instrument will have on costs for business and voluntary sectors has been produced and is available from the Rail Sponsorship and International Division, Department for Transport, Great Minister House, 76 Marsham Street, London SW1P 4DR. A copy of the Transposition Note is also available from the Department for Transport. Copies of the Impact Assessment and of the Transposition Note may also be accessed on the Office of Public Sector Information website www.opsi.gov.uk.

Offences created by this instrument

An employer of a cross-border worker who fails to comply with regulation 8(3) or regulation 9 is guilty of an offence regulation 11(1) · Status not determined · Strict liability
It is an offence for a person– a to contravene any requirement imposed by the inspector under paragraph 2 of Schedule… regulation 11(3) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Employment Bill [HL] Lords · Lords Chamber · 13 November 2008 · Lord Brett
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 1. This is a consequential technical amendment to Clause 3. Clause 3 allows employment tribunals to increase or decrease an award by up to 25 per cent for unreasonable failure to comply with any relevant code of practice relating to workplace dispute resolution. Tribunals will be able to adjust awards under the jurisdictions set out in new Schedule A2. This schedule replicates the jurisdictions that are already listed in Schedule 3 to the Employment Act 2002. It covers the vast majority of the…
Employment Bill [HL] Lords · Lords Chamber · 13 November 2008 · Lord Brett
My Lords, I beg to move that the Commons amendments be now considered. Moved accordingly, and, on Question, Motion agreed to. commons amendments [The page and line references are to Bill 117 as first printed for the Commons.] COMMONS Amendment No. 1 1: Page 4, line 3, after “Society)” insert— “Regulation 17 of the Cross-border Railway Services (Working Time) Regulations 2008 (SI 2008/1660) (breach of regulations)”
Employment Rights Bill (Seventeenth sitting) Commons · Public Bill Committees · 9 January 2025 · Justin Madders
The working time regulations have had a relatively long history in our legal framework. They provide vital rights: a maximum working week of 48 hours, rest breaks of 20 minutes every six hours, rest periods of 11 hours each day and at least 24 hours each week, and 28 days of annual leave each year. The regulations implement the EU working time directive; the then Government deliberately designed them to provide maximum flexibility for both employers and workers. For example, workers can choose to opt out in writing from the 48-hour week maximum. We believe that the regulations have benefited…
Employment Rights Bill (Twenty First sitting) Commons · Public Bill Committees · 16 January 2025 · Chris Law
I appreciate the comments that have been made in this short debate. Just to be clear, the new clause is about issues that are not currently protected under the Modern Slavery Act 2015 and are often under-reported. I welcome the Minister’s comments about the fair work agency and the recent Low Pay Commission report, but I must ask about the timeframe. My suggestion—I will try to work with him on this—is that the timeframe be six months beyond the passing of the Bill, so that we can get decisions made. Perhaps the Secretary of State could let us know what kind of timeframe we are talking…

How Parliament handled it

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