SCHEDULE 3Transfer of safety functions
Reports and investigations
4
(1)
The Office of Rail Regulation may authorise a person to investigate and make a special report on any accident, occurrence, situation or other matter of any sort which that Office thinks it necessary or expedient to investigate—
(a)
for any of the railway safety purposes; or
(b)
with a view to the making of regulations for any of those purposes.
(2)
The Office of Rail Regulation may cause—
(a)
the contents of a special report made under this paragraph, or
(b)
so much of them as it considers appropriate,
to be made public at such time, and in such manner, as it thinks fit.
(3)
Where a person who is not a member, officer or employee of the Office of Rail Regulation carries out an investigation and makes a special report under this paragraph, that Office may pay him such remuneration and expenses as the Secretary of State determines.
(4)
The Office of Rail Regulation may, to such extent as the Secretary of State may determine, defray the other costs (if any) of—
(a)
an investigation under this paragraph; or
(b)
the making of a special report following such an investigation.
(5)
“(a)
those general purposes shall be treated as not including the railway safety purposes; but
(b)
it is otherwise”.
5
(1)
This paragraph applies where, before the commencement of paragraph 4, the Health and Safety Commission directed or authorised a person to investigate and make a special report under section 14(2)(a) of the 1974 Act on any accident, occurrence, situation or other matter which the Commission thought it necessary or expedient to investigate—
(a)
for any of the railway safety purposes; or
(b)
with a view to the making of regulations for any of those purposes.
(2)
For the purposes of the carrying out or continuation of an investigation and the making of a report after the commencement of paragraph 4, the direction or authorisation shall be treated as an authorisation by the Office of Rail Regulation under paragraph 4.
(3)
If —
(a)
the person to whom the Health and Safety Commission gave the direction or authorisation has made a special report to the Commission, but
(b)
the Commission has not yet caused the report, or a part of it, to be made public under section 14(5) of the 1974 Act,
the report shall be treated as if it had been made to the Office of Rail Regulation under paragraph 4.
(4)
If the person to whom the Health and Safety Commission gave the direction or authorisation has not yet made a special report to the Commission, the Office of Rail Regulation may direct that person—
(a)
to abandon the investigation without making a special report; or
(b)
to continue the investigation in such manner as that Office may direct.
(5)
Where the Health and Safety Commission agreed before the commencement of paragraph 4 to exercise its power by virtue of section 14(6)(a) or (c) of the 1974 Act to pay remuneration or expenses to any person in respect of the investigation and special report or to defray costs of the investigation and report—
(a)
the Commission must pay amounts accruing in respect of the agreed matters before the commencement of paragraph 4; and
(b)
the Office of Rail Regulation must pay amounts so accruing after that time;
and paragraph (b) does not affect the power of that Office under that paragraph, in relation to times after the commencement of that paragraph, to make other payments of remuneration or expenses or to defray costs.
6
(1)
This paragraph applies where, before the commencement of paragraph 4, the Health and Safety Commission directed an inquiry to be held under section 14(2)(b) of the 1974 Act into any accident, occurrence, situation or other matter which the Commission thought it necessary or expedient to investigate—
(a)
for any of the railway safety purposes; or
(b)
with a view to the making of regulations for any of those purposes.
(2)
Subject to sub-paragraph (3), section 14 of the 1974 Act shall continue to apply in relation to that inquiry after the commencement of paragraph 4 but as if all things done or required to be done by or in relation to the Health and Safety Commission under that section were done or required to be done by or in relation to the Office of Rail Regulation.
(3)
Where the Health and Safety Commission agreed before the commencement of paragraph 4 to exercise its power by virtue of section 14(6)(b) or (c) of the 1974 Act to pay remuneration or expenses to any person in respect of the inquiry or to defray costs of the inquiry—
(a)
the Commission must pay amounts accruing in respect of the agreed matters before the commencement of paragraph 4; and
(b)
the Office of Rail Regulation must pay amounts so accruing after that time;
and paragraph (b) does not affect the power of that Office, in relation to times after the commencement of paragraph 4, to make other payments of remuneration or expenses under section 14(6)(b), or to defray costs under section 14(6)(c).