C1Part 1Investigation of Railway Accidents

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 modified (17.10.2005 for specified purposes, 31.1.2006 for specified purposes) by Railways (Accident Investigation and Reporting) Regulations 2005 (S.I. 2005/1992), regs. 1(2), 3(3), 3(2)(3)(4)

Investigation by Branch

I19Regulations

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 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;

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;

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 7; in particular, the regulations may—

a

require a report to address the question of what caused an accident or 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 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;

g

make provision about the timing of publication.

3

A reference to a report by the Branch in section 7 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 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 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.