The Railways (Safety Case) Regulations 2000

Revision of safety cases

7.—(1) A person who has prepared a safety case which has been accepted pursuant to these Regulations shall revise its contents—

(a) in accordance with regulation 16(2);

(b) whenever it is appropriate; and

(c) whenever required to do so by the Executive pursuant to regulation 8.

(2) Nothing in these Regulations shall require the revision referred to in sub-paragraph (b) of paragraph (1) to be sent to another person except that, where such a revision will render the safety case materially different from the version last accepted pursuant to these Regulations, the revision shall not be made unless the Executive has accepted the revision.

(3) A person who proposes a revision to his safety case which he requires to be accepted by virtue of paragraph (2) shall submit the revision to the Executive and, unless he is the relevant infrastructure controller, to the relevant infrastructure controller.

(4) The infrastructure controller shall scrutinise the revision submitted to him under paragraph (3) and shall send to the Executive—

(a) where the revision submitted under paragraph (3) has been modified by agreement between that controller and the person who submitted the revision, the revision so modified;

(b) a recommendation as to whether the revision should or should not be accepted and the reasons for that recommendation; and

(c) a copy of the record prepared by him pursuant to regulation 14(3).

(5) A recommendation made by an infrastructure controller pursuant to paragraph (4) shall be accompanied by a statement identifying—

(a) the procedures and arrangements described in the revision which do not affect or which are unlikely to affect the performance of his health and safety duties; and

(b) where any procedures or arrangements described in the revision affect or are likely to affect the performance of his health and safety duties only to a limited extent, the extent to which they do or are likely to do so.

(6) The infrastructure controller shall send to the person who has submitted a revision to him pursuant to paragraph (3) a copy of the recommendation and statement referred to in paragraph (5).

(7) The Executive shall, having regard to any recommendation made by the infrastructure controller under paragraph (4)(b)—

(a) in relation to a revision of a safety case of a train operator or station operator submitted under paragraph (3)—

(i) notify the relevant infrastructure controller and, where different, the person who has submitted the revision whether the revision has been accepted or not;

(ii) where the decision differs from the recommendation of the infrastructure controller provided under paragraph (5) or where the Executive does not accept the revision, give reasons for that decision; and

(iii) where the accepted revision is different from that submitted to the Executive under paragraph (2) or, where paragraph (4)(a) applies, under that paragraph, notify the infrastructure controller of the changes made; and

(b) in relation to a revision of a safety case of an infrastructure controller, notify the infrastructure controller whether the revision has been accepted or not and, where it is not accepted, give reasons for that decision.

(8) The Executive may direct an infrastructure controller to comply with the requirements imposed by paragraph (4) within such reasonable time, being a period of not less than 28 days, as may be specified by the Executive, and where such direction is given, the infrastructure controller shall comply with the direction.

(9) Nothing in paragraph (7) shall prevent the Executive determining in the absence of a recommendation from the relevant infrastructure controller or, where applicable, the assessment body whether a revision should be accepted or not provided the Executive has given reasonable notice to the controller and, where applicable, the assessment body of its decision to do so.

(10) Regulation 4(2) and (3) and regulation 5(3), (4)(d) and (6)(b) shall apply in relation to a revision submitted pursuant to paragraph (3) as if any reference in those regulations to a safety case prepared for the purposes of those regulations was a reference to a revision of that safety case prepared pursuant to this regulation.