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8 Regulations | |
(1) The Secretary of State may make regulations about the conduct of | |
investigations by the Rail Accident Investigation Branch; in particular, the | |
regulations may— | |
(a) confer a function on the Chief Inspector of Rail Accidents or on the | 5 |
Branch; | |
(b) make provision about the way in which a function of the Chief | |
Inspector or the Branch is to be performed; | |
(c) permit or require the Chief Inspector to appoint a person to conduct or | |
participate in an investigation; | 10 |
(d) provide for a power of an inspector to be exercisable by a person | |
conducting or participating in an investigation by virtue of paragraph | |
(c); | |
(e) permit or require the Chief Inspector to request assistance from another | |
person; | 15 |
(f) permit or require another person to assist the Chief Inspector. | |
(2) The regulations may make provision about the preparation, form, content and | |
publication of a report made by the Branch under section 6; in particular, the | |
regulations may— | |
(a) require a report to address the question of what caused an accident or | 20 |
incident; | |
(b) require or permit a report to make, or not to make, a recommendation; | |
(c) require or permit the preparation and publication by the Branch of an | |
interim report; | |
(d) require the Branch to give an opportunity to a person interested in an | 25 |
investigation to comment on a draft report or draft interim report; | |
(e) require the Branch to notify a person of the content of a report or | |
interim report before publication; | |
(f) require the Branch to give a copy of a report or interim report to a | |
person; | 30 |
(g) make provision about the timing of publication. | |
(3) A reference to a report by the Branch in section 6 includes a reference to an | |
interim report permitted or required by virtue of subsection (2) above. | |
(4) The Secretary of State may make regulations about the use, disclosure and | |
destruction of information acquired by the Branch; in particular, the | 35 |
regulations may— | |
(a) prohibit the disclosure of information in specified circumstances; | |
(b) permit the disclosure of information in specified circumstances; | |
(c) require the disclosure of information in specified circumstances; | |
(d) make provision by reference to whether or not a person consents to a | 40 |
disclosure which relates to him. | |
(5) Regulations under this section may— | |
(a) create an offence (but not an offence punishable by imprisonment); | |
(b) confer a discretionary function; | |
(c) confer jurisdiction on a court or tribunal. | 45 |
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Investigation by industry | |
9 Requirement to investigate | |
(1) The Chief Inspector of Rail Accidents may direct that any railway accident or | |
railway incident of a specified kind or which occurs in specified circumstances | |
shall be investigated by each person who manages or controls, or participates | 5 |
in managing or controlling, all or any part of railway property— | |
(a) on which the accident or incident takes place, or | |
(b) which is involved in the accident or incident. | |
(2) A direction— | |
(a) shall specify the manner in which the investigation is to be conducted, | 10 |
and | |
(b) may make provision for a case where more than one person would be | |
required to conduct an investigation, whether by requiring a joint | |
investigation or by requiring or enabling one or more persons to | |
conduct an investigation on behalf of others. | 15 |
(3) A person to whom a direction under subsection (1) applies commits an offence | |
if he fails to comply with it. | |
(4) A person guilty of an offence under subsection (3) shall be liable— | |
(a) on summary conviction, to a fine not exceeding the statutory | |
maximum, or | 20 |
(b) on conviction on indictment, to a fine. | |
(5) The Chief Inspector shall publish a direction issued by him under subsection | |
(1) in a manner which he considers will bring it to the attention of each person | |
who is likely to be required to comply with it. | |
(6) But in proceedings against a person for an offence under subsection (3) of | 25 |
failing to comply with a direction it shall not be necessary to prove that he was | |
aware of the direction. | |
(7) A direction under subsection (1)— | |
(a) may make provision which applies generally or only in specified | |
circumstances, | 30 |
(b) may make different provision for different cases or circumstances, and | |
(c) may be varied or revoked by a further direction. | |
Accident regulations | |
10 Accident regulations | |
(1) The Secretary of State may make regulations in connection with the | 35 |
investigation of railway accidents and railway incidents. | |
(2) The regulations may, in particular— | |
(a) require a person to notify the Rail Accident Investigation Branch of a | |
railway accident or railway incident, and | |
(b) make provision about the timing, form and content of notice given by | 40 |
virtue of paragraph (a). | |
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(3) The regulations may, in particular, require a person to take or not to take | |
specified action following an accident or incident— | |
(a) pending the commencement of an investigation, or | |
(b) during the process of an investigation. | |
(4) The regulations may— | 5 |
(a) create an offence (but not an offence punishable by a term of | |
imprisonment exceeding the maximum term which may be imposed by | |
a magistrates’ court in accordance with section 78 of the Powers of | |
Criminal Courts (Sentencing) Act 2000 (c. 6)); | |
(b) confer a discretionary function; | 10 |
(c) confer jurisdiction on a court or tribunal. | |
General | |
11 Crown application | |
This Part applies in relation to property irrespective of whether it belongs to or | |
is used for the purposes of the Crown or a Duchy. | 15 |
12 Regulations | |
(1) Regulations under this Part— | |
(a) may make provision which applies generally or only in specified cases | |
or circumstances, | |
(b) may make different provision for different cases or circumstances, and | 20 |
(c) may include transitional, consequential or incidental provision. | |
(2) Regulations under this Part shall be made by statutory instrument. | |
(3) Regulations under section 1(2) shall not be made unless a draft has been laid | |
before and approved by resolution of each House of Parliament. | |
(4) Other regulations under this Part shall be subject to annulment in pursuance of | 25 |
a resolution of either House of Parliament. | |
13 Extent | |
(1) This Part extends to the whole of the United Kingdom. | |
(2) In the application of this Part in relation to Scotland any reference to a tramway | |
shall be disregarded. | 30 |
(3) In the application of this Part in relation to Northern Ireland the maximum | |
term for the purposes of sections 7(4)(a) and 10(4)(a) shall be 12 months. | |
Part 2 | |
Office of Rail Regulation | |
14 Establishment | 35 |
(1) There shall be a body corporate to be known as the Office of Rail Regulation. | |
(2) Schedule 1 (which makes provision about the Office) shall have effect. | |
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15 Transfer of functions | |
(1) The functions of the Rail Regulator are hereby transferred to the Office of Rail | |
Regulation. | |
(2) Subsection (1) applies to a function whether conferred by an enactment, by an | |
agreement or otherwise. | 5 |
(3) All property, rights and liabilities to which the Rail Regulator is entitled or | |
subject at the coming into force of this section (including rights and liabilities | |
relating to staff) are hereby transferred to the Office of Rail Regulation. | |
(4) The office of the Rail Regulator is hereby abolished. | |
(5) Schedules 2 (consequential amendments) and 3 (savings, &c.) shall have effect. | 10 |
16 Extent | |
This Part shall extend only to— | |
(a) England and Wales, and | |
(b) Scotland. | |
Part 3 | 15 |
British Transport Police | |
Police Authority | |
17 The British Transport Police Authority | |
(1) There shall be a body corporate to be known as the British Transport Police | |
Authority. | 20 |
(2) Schedule 4 (which makes provision about the Authority) shall have effect. | |
(3) In this Part “the Authority” means the British Transport Police Authority. | |
18 Exercise of functions | |
In performing its functions the Authority shall aim to ensure the efficient and | |
effective policing of the railways and shall, in particular, have regard— | 25 |
(a) to any objective set by the Authority under section 47, | |
(b) to any objective set by the Secretary of State under section 48, | |
(c) to any railways policing plan issued by the Authority under section 49, | |
(d) to any performance target set by the Authority under section 50, | |
(e) to any code of practice issued by the Secretary of State, or having effect | 30 |
in relation to the Authority, under section 44, and | |
(f) in relation to a particular year, to the National Policing Plan for that | |
year. | |
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