SCHEDULES
SCHEDULE 3Transfer of safety functions
Information powers corresponding to section 27 of the 1974 Act
I111
1
The F1Office of Rail and Road may serve a notice under this paragraph on any person for the purpose of obtaining information which that Office needs for the carrying out of its safety functions.
2
A notice under this paragraph is one requiring the person on whom it is served—
a
to provide the F1Office of Rail and Road with information about such matters as may be specified in the notice; and
b
to do so in the form and manner so specified.
3
The consent of the Secretary of State is required for the service of a notice under this paragraph.
4
The consents that may be given for the purposes of sub-paragraph (3) include a general consent relating to notices of a specified description.
5
Nothing in the Statistics of Trade Act 1947 (c. 39) is to be construed as preventing or penalising the disclosure by a Minister of the Crown or government department to—
a
the F1Office of Rail and Road,
b
a member, officer or employee of that Office, or
c
a committee established by that Office,
of information falling within sub-paragraph (6) about an undertaking (within the meaning of that Act).
6
Information about an undertaking falls within this sub-paragraph if it consists of—
a
the names and addresses of the persons carrying on the undertaking;
b
the nature of the undertaking's activities;
c
the number of persons of different descriptions who work in the undertaking;
d
the addresses or places where activities of the undertaking are or were carried on;
e
the nature of the activities carried on there; or
f
the number of persons of different descriptions who work or worked in the undertaking there.
7
A person to whom a disclosure that is authorised by sub-paragraph (5) is made must not use the information except for the purposes of the safety functions of the F1Office of Rail and Road.
8
It is an offence for a person—
a
to contravene a requirement imposed by a notice under this paragraph; or
b
to use information in contravention of sub-paragraph (7).
9
A person guilty of an offence under sub-paragraph (8) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment—
i
in the case of an offence of contravening a notice, to a fine; and
ii
in the case of an offence of using information in contravention of sub-paragraph (7), to imprisonment for a term not exceeding two years or to a fine, or to both.
10
Section 52 of the 1974 Act (meaning of “work” and related expressions) applies for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.