Schedule 6 – Convention on International Carriage by Rail
163.Paragraph 1 defines the word “regulations” in Schedule 6 as meaning regulations made in connection with COTIF either under section 103(1) or section 2 of the European Communities Act 1972.
164.Paragraphs 2, 3, 4, and 5 list the provisions which may be included in regulations. The powers may only be exercised for the purposes of giving effect to the new COTIF. They include, but are not limited to, the power to:
	give effect to the new COTIF in UK law,
	change UK law for the purposes of giving effect to the new COTIF,
	make provision for certain future changes to the new COTIF automatically to form part of UK law; and
	impose conditions before any person may exercise a right or do something to which the Convention applies.
165.In particular paragraph 3 will enable regulations to provide that most changes to the new COTIF which take place in future will flow through directly into UK law. This is intended to cater for the provisions in the new COTIF which allow certain technical changes to the terms of the Convention to be made by a Committee process and automatically to come into effect: an example might be the adoption of a new uniform technical prescription under the APTU appendix to the new Convention. Although the Government proposes that most modifications to the new COTIF and its appendices will flow through in to UK law, the Government’s intention is that modifications made by the General Assembly (which is composed of the new COTIF’s signatory states) should require specific approval by Parliament. This is because such modifications could potentially be of greater impact in the UK.
166.Paragraph 6 enables the creation of sanctions (including criminal sanctions) for the purposes of ensuring that a duty under the new COTIF may be enforced.
167.Since the new COTIF covers damages and compensation arising from the international carriage of passengers and freight, paragraph 7 would allow regulations to make provision to prevent double recovery. Provision could also be made to allow a UK court to take account of actual or potential legal proceedings outside the UK, when taking decisions during UK proceedings.
168.Paragraph 8 enables regulations to be made which deal with the enforcement of judgements, which may in particular deal with the enforcement of foreign judgements.
169.Paragraph 9 provides that the regulations may make provision for the “Special Drawing Right” (the new COTIF’s international currency unit) to be converted into sterling.