Amendments proposed to the Railways and Transport Safety Bill - continued House of Commons

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Aviation offences

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall

NC4

To move the following Clause:—

    '(1)   The following shall be inserted after paragraph 11 of Schedule 1A to the Police and Criminal Evidence Act 1984 (c.60) (arrestable offences)—

          "11A   An offence of contravening a provision of an Order in Council under section 60 of that Act (air navigation order) where the offence relates to—

          (a) a provision which prohibits specified behaviour by a person in an aircraft towards or in relation to a member of the crew, or

          (b) a provision which prohibits a person from being drunk in an aircraft, in so far as it applies to passengers."

    (2)   The following shall be inserted at the end of Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (arrestable offences)—

      "(1) an offence of contravening a provision of an Order in Council under section 60 of that Act (air navigation order) where the offence relates to—

      (a) a provision which prohibits specified behaviour by a person in an aircraft towards or in relation to a member of the crew, or

      (b) a provision which prohibits a person from being drunk in an aircraft, in so far as it applies to passengers."

    (3)   The following shall be inserted after section 82(3) of the Anti-terrorism, Crime and Security Act 2001 (c.24) (aviation security: arrest in Scotland without warrant)—

      "(3A) Where, in Scotland, a constable has reasonable grounds for suspecting that a person has committed an offence of contravening a provision of an Order in Council made under section 60 of the Civil Aviation Act 1982 (Air Navigation Orders) and the offence relates to—

      (a) a provision which prohibits specified behaviour by a person in an aircraft towards a member of the crew of the aircraft, or

      (b) a provision which prohibits a person from being drunk in an aircraft, in so far as the provision applies to passengers, the constable may arrest that person without warrant."

    (4)   The following shall be inserted after section 61(2) of the Civil Aviation Act 1982 (c.16) (air navigation order: offence: maximum penalty)—

    "(2A)   Subsection (2)(c) above shall have effect with the substitution of 'five years' for 'two years' in the case of a provision about endangering an aircraft or a person in an aircraft.".'.


Rail Accident Investigation Branch

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall

NC6

To move the following Clause:—

      '(1) The Rail Accident Investigation Branch may enter into an agreement under this section (to be known as a rail accident service agreement) with any person who provides for the Branch to investigate any incident under the provisions of this Part.

      (2) The Branch may not enter into a rail accident service agreement unless a draft is approved in writing by the Secretary of State after consultation with both Houses of Parliament.'.


The Road Accident Investigation Branch: Establishment

   

Mr Don Foster
Tom Brake

NC7

To move the following Clause:—

    '(1)   The Secretary of State shall appoint persons as inspectors of road accidents.

    (2)   The Secretary of State shall appoint one of the inspectors as the Chief Inspector of Road Accidents.

    (3)   The inspectors appointed under this section may be referred to as the Road Accident Investigation Branch (being a branch of the department of the Secretary of State who appoints them).

    (4)   An inspector of road accidents shall carry out such of the functions of the Road Accident Investigation Branch as may be assigned to him by the Chief Inspector of Road Accidents.'.


The Road Accident Investigation Branch: General aims

   

Mr Don Foster
Tom Brake

NC8

To move the following Clause:—

       'In exercising their functions the Road Accident Investigation Branch shall have regard to the desirability of—

      (a) improving the safety of users of roads, and

      (b) preventing road accidents and road incidents.'.


The Road Accident Investigation Branch: Assistance to others

   

Mr Don Foster
Tom Brake

NC9

To move the following Clause:—

       'The Chief Inspector of Road Accidents may arrange, with the written consent of the Secretary of State, for the Road Accident Investigation Branch to assist any person; in particular, assistance—

      (a) may be provided with or without charge;

      (b) may be provided inside or outside the United Kingdom.'.


The Road Accident Investigation Branch: Investigations

   

Mr Don Foster
Tom Brake

NC10

To move the following Clause:—

    '(1)   The Road Accident Investigation Branch shall investigate any road accident in which there is a fatality

    (2)   In investigating an accident or incident the Branch shall try to determine what caused it.

    (3)   On completion of an investigation the Branch shall report to the Secretary of State.

    (4)   In performing a function in relation to an accident or incident the Branch—

      (a) shall not consider or determine blame or liability, but

      (b) may determine and report on a cause of an accident or incident whether or not blame or liability is likely to be inferred from the determination or report.

    (5)   The Branch may conduct an investigation and report whether or not civil or criminal proceedings are in progress or may be instituted (but this subsection is without prejudice to the operation of the law of contempt of court).

    (6)   The Chief Inspector of Road Accidents may apply to the High Court or the Crown Court for a declaration that the making of a report in connection with a specified accident or incident will not amount to a contempt of court in relation to civil or criminal proceedings which have been or may be instituted in connection with the accident or incident.

    (7)   The Chief Inspector of Road Accidents may reopen an investigation if he believes that significant new evidence may be available.'.


The Road Accident Investigation Branch: Investigator's powers

   

Mr Don Foster
Tom Brake

NC11

To move the following Clause:—

    '(1)   For the purpose of conducting an investigation by virtue of section 4 an inspector of road accidents may, provided that he produces evidence of his identity if asked to do so—

      (a) enter land (which may include a dwelling-house) which adjoins or abuts a public right of way;

      (b) with consent from a Chief Police Inspector, enter a vehicle which is on a public right of way;

      (c) enter land, premises or vehicles which do not fall within paragraph (a) or (b) if the inspector reasonably believes that it may contain evidence relating to an accident or incident;

      (d) in entering anything under paragraph (a), (b) or (c), be accompanied by one or more persons authorised by the Chief Inspector of Road Accidents for that purpose (whether generally or specifically);

      (e) in entering anything under paragraph (a), (b) or (c), make arrangements to have with him equipment or materials.

    (2)   For the purpose of conducting an investigation by virtue of section [The Road Accident Investigation Branch: Investigations] an inspector of road accidents may—

      (a) make a written, electronic, photographic or other record;

      (b) remove and retain samples;

      (c) arrange for anything to be removed and retained for the purpose of analysis or other examination or for the purpose of preserving evidence;

      (d) require access to a record or to recording equipment;

      (e) require a person to answer a question;

      (f) require a person to provide information;

      (g) require a person to disclose a record;

      (h) require a person to provide a copy of a record;

      (i) require disclosure of the result of an examination of a person, body or thing;

      (j) require a person to certify the truth, accuracy or authenticity of a statement made, of information or a document provided or of a record disclosed.

    (3)   A person commits an offence if without reasonable excuse he—

      (a) fails to comply with a requirement imposed by an inspector of road accidents for the purpose of an investigation by virtue of section [The Road Accident Investigation Branch: Investigations];

      (b) makes a statement for the purpose of an investigation by virtue of section [The Road Accident Investigation Branch: Investigations] knowing or suspecting that the statement is inaccurate or misleading;

      (c) provides information or a record for the purpose of an investigation by virtue of section [The Road Accident Investigation Branch: Investigations] knowing or suspecting that the information or record is inaccurate or misleading;

      (d) obstructs an inspector of road accidents in the course of his conduct of an investigation by virtue of section [The Road Accident Investigation Branch: Investigations];

      (e) obstructs a person accompanying an inspector of road accidents; or

      (f) obstructs a person exercising a power of an inspector by virtue of regulations under section 5(1).

    (4)   A person who is guilty of an offence under subsection (3) shall be liable on summary conviction to—

      (a) imprisonment for a term not exceeding 51 weeks;

      (b) a fine not exceeding level 5 on the standard scale; or

      (c) both.

    (5)   Subsection (6) applies where—

      (a) the Road Accident Investigation Branch is conducting an investigation by virtue of section 4 in respect of an accident or incident; and

      (b) a question arises as to the desirability of action which any other person proposes to take for the purpose of investigating the accident or incident.

    (6)   The question may be determined by—

      (a) the Chief Inspector of Road Accidents; or

      (b) an inspector of road accidents acting on behalf of the Chief Inspector.'.



 
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Prepared 13 Feb 2003