Railways Act 1993

117 Safety of railways and other guided transport systems

(1) Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 (“the 1974 Act”) shall have effect as if the provisions mentioned in subsection (4) below (which relate to the proper construction and safe operation of certain transport systems, and of the vehicles used on those systems, and the protection of railway employees or the general public from personal injury and other risks arising therefrom)—

(a) were existing statutory provisions, within the meaning of that Part; and

(b) in the case of the enactments mentioned in paragraphs (a) to (m) of that subsection, were specified in the third column of Schedule 1 to that Act.

(2) If to any extent they would not do so apart from this subsection, the general purposes of Part I of the 1974 Act shall include—

(a) securing the proper construction and safe operation of transport systems to which this section applies, and of any locomotives, rolling stock or other vehicles used, or to be used, on those systems; and

(b) protecting the public (whether passengers or not) from personal injury and other risks arising from the construction and operation of transport systems to which this section applies.

(3) Without prejudice to the generality of subsection (1) of section 15 of the 1974 Act (health and safety regulations), regulations under that section may—

(a) repeal or modify any of the provisions mentioned in subsection (4) below; and

(b) make any provision which, but for any such repeal or modification, could be made by regulations or orders made under any enactment there mentioned.

(4) The provisions referred to in subsections (1) and (3) above are—

(a) the [1839 c. 45.] Highway (Railway Crossings) Act 1839;

(b) sections 9 and 10 of the [1842 c. 55.] Railway Regulation Act 1842;

(c) section 22 of the [1868 c. 119.] Regulation of Railways Act 1868;

(d) the [1871 c. 78.] Regulation of Railways Act 1871;

(e) sections 1 and 4 of the [1889 c. 57.] Regulation of Railways Act 1889;

(f) the [1900 c. 27.] Railway Employment (Prevention of Accidents) Act 1900;

(g) section 42 of the [1933 c. 53.] Road and Rail Traffic Act 1933;

(h) section 40 of the [1954 c. lv.] British Transport Commission Act 1954;

(j) section 66 of the [1957 c. xxxiii.] British Transport Commission Act 1957;

(k) sections 124 and 125 of the [1968 c. 73.] Transport Act 1968;

(l) the [1983 c. 16.] Level Crossings Act 1983;

(m) sections 41 to 45 of the [1992 c. 42.] Transport and Works Act 1992;

(n) any regulations made under section 2 of the [1972 c. 68.] European Communities Act 1972 for the purpose of implementing the Council 91/440/EEC. Directive of 29th July 1991 on the development of the Community’s railways, so far as the regulations are made for safety purposes.

(5) In consequence of subsection (1) above and the resulting application of sections 38 and 50 of the 1974 Act (consent to prosecutions, and procedural requirements for making regulations)—

(a) in section 57 of the [1992 c. 42.] Transport and Works Act 1992 (duty to consult before making regulations under, among other provisions, section 38(2), 41 or 43 of that Act) for the words “38(2), 41 or 43” there shall be substituted the words “or 38(2)”; and

(b) in section 58 of that Act (which requires the consent of the Secretary of State or the Director of Public Prosecutions to a prosecution for an offence under Part II of that Act) after the words “offence under this Part” there shall be inserted the words “, other than an offence under section 41 or 43 above,”.

(6) This section applies to the following transport systems, that is to say—

(a) any railway, tramway or trolley vehicle system; or

(b) any transport system using any other mode of guided transport.

(7) The definitions of “guided transport”, “railway”, “tramway”, “trolley vehicle system” and “vehicle” in section 67(1) of the [1992 c. 42.] Transport and Works Act 1992 shall have effect for the purposes of this section as they have effect for the purposes of that Act, but disregarding for the purposes of this section paragraph (b) of the definition of “railway” (which includes a condition as to the minimum gauge of the track).