The Railways (Accident Investigation and Reporting) Regulations 2005

Disclosure of evidence U.K.

10.—(1) Except as provided in paragraphs (2) and (3) the Branch—

(a) may publish or make available for inspection any evidence or information it may acquire during the course of an investigation where such disclosure would not obstruct it in its general aims contained in section 4 of the 2003 Act; and

(b) shall provide to a constable or the safety authority investigating an accident or incident, or any other person exercising a power conferred on him by an enactment, or to a constable, a procurator fiscal or the Lord Advocate exercising a power conferred on him at common law in Scotland to investigate an accident or incident, access to and copies of any evidence obtained by the Branch in the course of an investigation of that accident or incident, but only where the recipient would be entitled by an enactment, or in Scotland at common law, to collect that evidence for the purpose of his own investigation.

(2) Except by order of a relevant court and subject to paragraph (7) the Branch shall not disclose to anyone—

(a) a statement or declaration provided to the Branch or any recording or other note or record relating to such statement or declaration unless the person who has provided such statement, declaration, recording note or record consents to its disclosure;

(b) the name, address or other information relating to a person—

(i) who has provided to the Branch a statement or declaration or other note or record relating to such statement or declaration; or

(ii) who has indicated to an inspector or person appointed under regulation 6(1) that he intends to provide a statement or declaration or other note or record to the Branch,

unless that person consents to such disclosure; or

(c) a medical record relating to a person involved in the accident or incident.

(3) Except by order of a relevant court and subject to paragraph (7), the Branch shall not be required to disclose to anyone—

(a) personal information relating to a person involved in the accident or incident or with the investigation of that accident or incident (other than personal information protected by paragraph (2));

(b) the opinion of an inspector or a person appointed under regulation 6(1) which is unsubstantiated by evidence;

(c) the notes made by an inspector or person appointed under regulation 6(1), whether written or held electronically;

(d) any trade secret or other information, the release of which, in the opinion of the Chief Inspector would, or would be likely to, prejudice the commercial interests of the person holding it; or

(e) working documents of the Branch.

(4) Except by order of a relevant court a person who assists the Branch under regulation 6(1), 6(3)(b) or 15(2)(b) shall not disclose to anyone any of the evidence or information described in paragraphs (2) or (3) which the Branch is precluded from disclosing save by order of a relevant court. This paragraph shall similarly apply to evidence or information provided to such a person if it is such that, if provided to the Branch, would be subject to paragraphs (2) or (3).

(5) No order may be made under paragraphs (2), (3) or (4) unless the court is satisfied that disclosure is in the public interest, having regard in particular to any adverse impact such disclosure may have on the investigation by the Branch to which the evidence or information relates, upon any future investigation and upon public safety.

(6) Paragraphs (2)(a) and (b) shall not be construed as placing a duty on the Branch to seek consent to disclose from a person referred to in those sub-paragraphs or compelling the Branch to disclose where the Branch has not sought consent at the time of the making of the statement.

(7) Nothing in paragraphs (2) or (3) shall preclude the Branch from—

(a) publishing the opinion of a person in a report of the accident or incident in so far as it is relevant to the conclusions in the report;

(b) publishing in a report of the accident or incident information based on matters contained in a statement, declaration, recording or other note referred to in paragraph (2)(a) or in a medical record referred to in paragraph (2)(c);

(c) providing a person who makes a statement or declaration with a copy of such statement or declaration;

(d) sharing the results of the investigation of an accident or incident with an investigating body in another F1 ... State;

(e) disclosing or discussing information based on a matter contained in a statement, declaration, recording, or other note it has obtained during the course of an investigation with a person providing assistance, evidence or information to the Branch; or

(f) disclosing the name or address of a person to a person providing assistance, evidence or information to the Branch but only in so far as is necessary for the purpose of obtaining evidence or information in furtherance of the Branch's investigation.

(8) A person who assists the Branch under regulation 6(1), 6(3)(b) or 15(2)(b) shall not disclose to anyone other than a constable, the safety authority or any other person exercising a power conferred on him by an enactment, or a constable, a procurator fiscal or the Lord Advocate exercising a power conferred on him at common law in Scotland, evidence or any other information, to which paragraph (4) does not apply, that he acquires about an investigation through the giving of such assistance without the consent of the Chief Inspector or an inspector acting on behalf of the Chief Inspector.

(9) A person who discloses evidence or information in contravention of paragraph (2), (4) or (8) shall be guilty of an offence.

(10) In this regulation “relevant court” means—

(a) the Crown Court or High Court in England and Wales or Northern Ireland; or

(b) the Court of Session or the High Court of Justiciary in Scotland.

Textual Amendments

F1 Word in reg. 10(7)(d) omitted (31.12.2020) by virtue of The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1400), regs. 1, 19; 2020 c. 1, Sch. 5 para. 1(1)