Part 1 Investigation of Railway Accidents

Introduction

1 Meaning of “railway” and “railway property”

(1) In this Part—

• “railway” means a railway or tramway within the meaning given by section 67 of the Transport and Works Act 1992 (c. 42), and

• “railway property” means anything which falls within the definition of “light maintenance depot”, “network”, “rolling stock”, “station” or “track” in section 83 of the Railways Act 1993 (c. 43), or which falls within the equivalent of any those definitions in relation to a tramway.

(2) The Secretary of State may by regulations amend this section.

(3) This section is subject to section 14(2).

2 Meaning of “railway accident” and “railway incident”

(1) In this Part a reference to a railway accident or railway incident is a reference to an accident or incident which occurs on railway property in so far as it is or may be relevant to the operation of the railway.

(2) The Secretary of State may by regulations—

(a) make provision about what is to be or not to be treated as an accident or incident for the purposes of this Part;

(b) make provision about circumstances in which an accident or incident is to be or not to be treated as being relevant to the operation of a railway for the purposes of this Part;

(c) make provision about when an accident is to be treated as serious for the purposes of this Part.

(3) Regulations under subsection (2) may, in particular, make provision by reference to—

(a) location;

(b) the exercise of a discretion by the Chief Inspector of Rail Accidents or another specified person.

(4) Regulations under subsection (2) making provision about what is to be treated as an incident may, in particular, include an event or omission which does not cause damage or loss but which might cause damage or loss in different circumstances.

The Rail Accident Investigation Branch

3 Establishment

(1) The Secretary of State shall appoint persons as inspectors of rail accidents.

(2) The Secretary of State shall appoint one of the inspectors as the Chief Inspector of Rail Accidents.

(3) The inspectors appointed under this section may be referred to as the Rail Accident Investigation Branch (being a branch of the department of the Secretary of State who appoints them).

(4) An inspector of rail accidents shall carry out such of the functions of the Rail Accident Investigation Branch as may be assigned to him by the Chief Inspector of Rail Accidents.

4 General aims

In exercising their functions the Rail Accident Investigation Branch shall, wherever relevant, aim—

(a) to improve the safety of railways, and

(b) to prevent railway accidents and railway incidents.

5 Assistance to others

The Chief Inspector of Rail Accidents may arrange for the Rail Accident Investigation Branch to assist any person; in particular, assistance—

(a) may be provided with or without charge;

(b) may be provided inside or outside the United Kingdom.

6 Annual report

(1) The Secretary of State shall make regulations requiring the Chief Inspector of Rail Accidents to produce once in each calendar year a report in connection with the activities of the Rail Accident Investigation Branch.

(2) Regulations under subsection (1) may, in particular, make provision about—

(a) timing of reports;

(b) content of reports;

(c) publication and other treatment of reports.

Investigation by Branch

7 Investigations

(1) The Rail Accident Investigation Branch—

(a) shall investigate any serious railway accident,

(b) may investigate a non-serious railway accident or a railway incident, and

(c) shall investigate a non-serious railway accident or a railway incident if required to do so by or in accordance with regulations made by the Secretary of State.

(2) For the purposes of subsection (1)(a) a tramway shall not be treated as a railway (despite section 1(1)).

(3) In investigating an accident or incident the Branch shall try to determine what caused it.

(4) On completion of an investigation the Branch shall report to the Secretary of State.

(5) In performing a function in relation to an accident or incident the Branch—

(a) shall not consider or determine blame or liability, but

(b) may determine and report on a cause of an accident or incident whether or not blame or liability is likely to be inferred from the determination or report.

(6) The Branch may conduct an investigation and report whether or not civil or criminal proceedings are in progress or may be instituted (but this subsection is without prejudice to the operation of the law of contempt of court).

(7) The Chief Inspector of Rail Accidents may apply to the High Court or the Crown Court for a declaration that the making of a report in connection with a specified accident or incident will not amount to a contempt of court in relation to civil or criminal proceedings which have been or may be instituted in connection with the accident or incident.

(8) The Chief Inspector of Rail Accidents may reopen an investigation if he believes that significant new evidence may be available.

8 Investigator’s powers

(1) For the purpose of conducting an investigation by virtue of section 7 an inspector of rail accidents may, provided that he produces evidence of his identity if asked to do so—

(a) enter railway property;

(b) enter land (which may include a dwelling-house) which adjoins or abuts railway property;

(c) enter a vehicle or structure which is on railway property or which is on land which could be entered under paragraph (b);

(d) enter land which does not fall within paragraph (a), (b) or (c) if—

(i) it is used wholly or partly for the purposes of or in connection with anything done on or with railway property, or

(ii) the inspector reasonably believes that it may contain evidence relating to an accident or incident;

(e) in entering anything under paragraph (a), (b), (c) or (d), be accompanied by one or more persons authorised by the Chief Inspector of Rail Accidents for that purpose (whether generally or specifically);

(f) in entering anything under paragraph (a), (b), (c) or (d), make arrangements to have with him equipment or materials.

(2) For the purpose of conducting an investigation by virtue of section 7 an inspector of rail accidents may—

(a) make a written, electronic, photographic or other record;

(b) remove and retain samples;

(c) arrange for anything to be removed and retained for the purpose of analysis or other examination or for the purpose of preserving evidence;

(d) require access to a record or to recording equipment;

(e) require a person to answer a question;

(f) require a person to provide information;

(g) require a person to disclose a record;

(h) require a person to provide a copy of a record;

(i) require disclosure of the result of an examination of a person, body or thing;

(j) require a person to certify the truth, accuracy or authenticity of a statement made, of information or a document provided or of a record disclosed.

(3) A person commits an offence if without reasonable excuse he—

(a) fails to comply with a requirement imposed by an inspector of rail accidents for the purpose of an investigation by virtue of section 7,

(b) makes a statement for the purpose of an investigation by virtue of section 7 knowing or suspecting that the statement is inaccurate or misleading,

(c) provides information or a record for the purpose of an investigation by virtue of section 7 knowing or suspecting that the information or record is inaccurate or misleading,

(d) obstructs an inspector of rail accidents in the course of his conduct of an investigation by virtue of section 7,

(e) obstructs a person accompanying an inspector of rail accidents under subsection (1)(e), or

(f) obstructs a person exercising a power of an inspector by virtue of regulations under section 9(1)(d).

(4) A person who is guilty of an offence under subsection (3) shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.

(5) Subsection (6) applies where—

(a) the Rail Accident Investigation Branch is conducting an investigation by virtue of section 7 in respect of an accident or incident, and

(b) a question arises as to the desirability of action which any other person proposes to take for the purpose of investigating the accident or incident.

(6) The question may be determined by—

(a) the Chief Inspector of Rail Accidents, or

(b) an inspector of rail accidents acting on behalf of the Chief Inspector.

9 Regulations

(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.

Investigation by industry

10 Requirement to investigate

(1) The Chief Inspector of Rail Accidents may direct that any railway accident or railway incident of a specified kind or which occurs in specified circumstances shall be investigated by each person who manages or controls, or participates in managing or controlling, all or any part of railway property—

(a) on which the accident or incident takes place, or

(b) which is involved in the accident or incident.

(2) A direction—

(a) shall specify the manner in which the investigation is to be conducted, and

(b) may make provision for a case where more than one person would be required to conduct an investigation, whether by requiring a joint investigation or by requiring or enabling one or more persons to conduct an investigation on behalf of others.

(3) A person to whom a direction under subsection (1) applies commits an offence if he fails to comply with it.

(4) A person guilty of an offence under subsection (3) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine.

(5) The Chief Inspector shall publish a direction issued by him under subsection (1) in a manner which he considers will bring it to the attention of each person who is likely to be required to comply with it.

(6) But in proceedings against a person for an offence under subsection (3) of failing to comply with a direction it shall not be necessary to prove that he was aware of the direction.

(7) A direction under subsection (1)—

(a) may make provision which applies generally or only in specified circumstances,

(b) may make different provision for different cases or circumstances, and

(c) may be varied or revoked by a further direction.

Accident regulations

11 Accident regulations

(1) The Secretary of State may make regulations in connection with the investigation of railway accidents and railway incidents.

(2) The regulations may, in particular—

(a) require a person to notify the Rail Accident Investigation Branch of a railway accident or railway incident, and

(b) make provision about the timing, form and content of notice given by virtue of paragraph (a).

(3) The regulations may, in particular, require a person to take or not to take specified action following an accident or incident—

(a) pending the commencement of an investigation, or

(b) during the process of an investigation.

(4) The regulations may—

(a) create an offence (but not an offence punishable by a term of imprisonment exceeding the maximum term which may be imposed by a magistrates' court in accordance with section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6));

(b) confer a discretionary function;

(c) confer jurisdiction on a court or tribunal.

General

12 Crown application

This Part applies in relation to property irrespective of whether it belongs to or is used for the purposes of the Crown or a Duchy.

13 Regulations

(1) Regulations under this Part—

(a) may make provision which applies generally or only in specified cases or circumstances,

(b) may make different provision for different cases or circumstances, and

(c) may include transitional, consequential or incidental provision.

(2) Regulations under this Part shall be made by statutory instrument.

(3) Regulations under section 1(2) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(4) Other regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

14 Extent

(1) This Part extends to the whole of the United Kingdom.

(2) In the application of this Part in relation to Scotland any reference to a tramway shall be disregarded.

(3) In the application of this Part in relation to Northern Ireland the maximum term for the purposes of sections 8(4)(a) and 11(4)(a) shall be 12 months.

Part 2 Office of Rail Regulation

15 Establishment

(1) There shall be a body corporate to be known as the Office of Rail Regulation.

(2) Schedule 1 (which makes provision about the Office) shall have effect.

16 Transfer of functions

(1) The functions of the Rail Regulator are hereby transferred to the Office of Rail Regulation.

(2) Subsection (1) applies to a function whether conferred by an enactment, by an agreement or otherwise.

(3) All property, rights and liabilities to which the Rail Regulator is entitled or subject at the coming into force of this section (including rights and liabilities relating to staff) are hereby transferred to the Office of Rail Regulation.

(4) The office of the Rail Regulator is hereby abolished.

(5) Schedules 2 (consequential amendments) and 3 (savings, &c.) shall have effect.

17 Extent

This Part shall extend only to—

(a) England and Wales, and

(b) Scotland.

Part 3 British Transport Police

Police Authority

18 The British Transport Police Authority

(1) There shall be a body corporate to be known as the British Transport Police Authority.

(2) Schedule 4 (which makes provision about the Authority) shall have effect.

(3) In this Part “the Authority” means the British Transport Police Authority.

19 Exercise of functions

In performing its functions the Authority shall aim to ensure the efficient and effective policing of the railways and shall, in particular, have regard—

(a) to any objective set by the Authority under section 50,

(b) to any objective set by the Secretary of State under section 51,

(c) to any railways policing plan issued by the Authority under section 52,

(d) to any performance target set by the Authority under section 53,

(e) to any code of practice issued by the Secretary of State, or having effect in relation to the Authority, under section 47, and

(f) in relation to a particular year, to the National Policing Plan for that year.

Police Force

20 Establishment of Police Force

(1) The Authority shall secure the maintenance of an efficient and effective police force—

(a) to be known as the British Transport Police Force, and

(b) to police the railways.

(2) In particular, the Authority shall defray the expenses of the Police Force.

(3) In this Part “the Police Force” means the British Transport Police Force.

21 Chief Constable

(1) The Authority shall appoint a Chief Constable of the Police Force.

(2) An appointment under subsection (1) may be made only—

(a) with the approval of the Secretary of State, and

(b) in accordance with regulations under section 36.

(3) In performing his functions the Chief Constable shall have regard to—

(a) any relevant code of practice issued or having effect under section 48,

(b) any relevant plan issued under section 52, and

(c) any relevant plan issued under section 55.

(4) The Secretary of State may make regulations about the suspension and removal of the Chief Constable.

(5) Regulations under subsection (4)—

(a) may apply (with or without modification) or make provision similar to a provision made by or under the Police Act 1996 (c. 16),

(b) may confer a function on the Secretary of State (which may include a discretionary function or a function of requiring the Authority to act),

(c) may permit the Secretary of State to delegate a function or to confer a function (which may include a discretionary function) on a person or group, and

(d) may make provision about costs.

(6) Regulations under subsection (4) which deal with a matter addressed by a provision made by or under the Police Act 1996 may differ from that provision only so far as necessary to reflect the structure and circumstances of the Police Force.

(7) Before making regulations under subsection (4) the Secretary of State shall consult—

(a) the Authority,

(b) the Chief Constable, and

(c) such other persons as he thinks fit.

(8) In this Part “the Chief Constable” means the Chief Constable of the Police Force.

22 Deputy Chief Constable

(1) The Authority shall appoint a deputy Chief Constable of the Police Force.

(2) An appointment under subsection (1) may be made only—

(a) with the approval of the Secretary of State, and

(b) in accordance with regulations under section 36.

(3) The deputy Chief Constable may perform a function of the Chief Constable—

(a) while the Chief Constable is unable to act or unavailable,

(b) during a vacancy in the office of Chief Constable, or

(c) with the consent (which may be general or specific) of the Chief Constable.

(4) The power to act by virtue of subsection (3)(a) or (b) shall not be exercisable for a continuous period exceeding three months without the consent of the Secretary of State.

(5) The Secretary of State may make regulations about the suspension and removal of the deputy Chief Constable.

(6) Regulations under subsection (5)—

(a) may apply (with or without modification) or make provision similar to a provision made by or under the Police Act 1996 (c. 16),

(b) may confer a function on the Secretary of State (which may include a discretionary function or a function of requiring the Authority to act),

(c) may permit the Secretary of State to delegate a function or to confer a function (which may include a discretionary function) on a person or group, and

(d) may make provision about costs.

(7) Regulations under subsection (5) which deal with a matter addressed by a provision made by or under the Police Act 1996 may differ from that provision only so far as necessary to reflect the structure and circumstances of the Police Force.

(8) Before making regulations under subsection (5) the Secretary of State shall consult—

(a) the Authority,

(b) the Chief Constable, and

(c) such other persons as he thinks fit.

23 Assistant Chief Constables

(1) The Authority shall appoint at least one assistant Chief Constable.

(2) An appointment under subsection (1) may be made only—

(a) with the approval of the Secretary of State, and

(b) in accordance with regulations under section 36.

(3) The Authority may permit an assistant Chief Constable to perform a function of the Chief Constable—

(a) while the Chief Constable and the deputy Chief Constable are unable to act or unavailable, or

(b) during a vacancy in the offices of Chief Constable and deputy Chief Constable.

(4) Permission under subsection (3) may not have effect for a continuous period exceeding three months without the consent of the Secretary of State.

(5) The Secretary of State may make regulations about the suspension and removal of an assistant Chief Constable.

(6) Regulations under subsection (5)—

(a) may apply (with or without modification) or make provision similar to a provision made by or under the Police Act 1996 (c. 16),

(b) may confer a function on the Secretary of State (which may include a discretionary function or a function of requiring the Authority to act),

(c) may permit the Secretary of State to delegate a function or to confer a function (which may include a discretionary function) on a person or group, and

(d) may make provision about costs.

(7) Regulations under subsection (5) which deal with a matter addressed by a provision made by or under the Police Act 1996 may differ from that provision only so far as necessary to reflect the structure and circumstances of the Police Force.

(8) Before making regulations under subsection (5) the Secretary of State shall consult—

(a) the Authority,

(b) the Chief Constable, and

(c) such other persons as he thinks fit.

24 Constables

(1) The Authority shall appoint and employ constables of the Police Force.

(2) A constable of the Police Force shall be under the direction and control of the Chief Constable.

(3) Section 29 of the Police Act 1996 (attestation) shall apply to a constable of the Police Force appointed in England or Wales (with the omission of the words in paragraph (b) “having jurisdiction within the police area”).

(4) Section 16 of the Police (Scotland) Act 1967 (c. 77) (declaration) shall apply to a constable of the Police Force appointed in Scotland (with the substitution of the words “faithfully to execute” for “in such terms as may be prescribed concerning the proper discharge of”).

25 Special constables

(1) The Chief Constable may appoint special constables of the Police Force.

(2) A special constable of the Police Force—

(a) shall be under the direction and control of the Chief Constable, and

(b) may be dismissed by the Chief Constable.

(3) Section 29 of the Police Act 1996 (c. 16) (attestation) shall apply to a special constable of the Police Force appointed in England or Wales (with the omission of the words in paragraph (b) “having jurisdiction within the police area”).

(4) Section 16 of the Police (Scotland) Act 1967 (c. 77) (declaration) shall apply to a special constable of the Police Force appointed in Scotland (with the substitution of the words “faithfully to execute” for “in such terms as may be prescribed concerning the proper discharge of”).

(5) Section 88(1) to (5) of the Police Act 1996 (liability for wrongful act of constable) shall have effect in relation to special constables of the Police Force as if—

(a) a reference to the chief officer of police for a police area were a reference to the Chief Constable,

(b) a reference to a constable were a reference to a special constable,

(c) a reference to the police fund were a reference to the British Transport Police Fund,

(d) a reference to a police authority were a reference to the Authority, and

(e) subsection (5) included a reference to a special constable of the Police Force.

(6) A reference in this Part to a constable of the Police Force includes a reference to a special constable of the Police Force.

26 Cadets

(1) The Chief Constable may appoint cadets to undergo training with a view to becoming constables of the Police Force.

(2) A cadet of the Police Force—

(a) shall be under the direction and control of the Chief Constable,

(b) may be dismissed by the Chief Constable, and

(c) shall be an employee of the Authority (subject to regulations under section 38).

27 Civilian employees

(1) The Authority may employ persons to assist the Police Force.

(2) A person appointed under this section shall be under the direction and control of either the Chief Constable or the Authority, in accordance with his terms of employment.

28 Exercise of powers by civilians

(1) The following provisions of the Police Reform Act 2002 (c. 30) shall apply in relation to the Police Force as they apply in relation to other police forces—

(a) section 38 (police powers for police authority employees),

(b) section 39 (police powers for contracted-out staff),

(c) section 42 (supplementary),

(d) section 45 (code of practice),

(e) section 46 (offences),

(f) section 47 (interpretation), and

(g) Schedule 4 (powers exercisable by civilians).

(2) For the purpose of subsection (1) the provisions specified in that subsection shall have effect with any necessary modifications and, in particular—

(a) the provisions shall have effect as if a reference to a police force were a reference to the Police Force,

(b) the provisions shall have effect as if a reference to the chief officer of police of a police force were a reference to the Chief Constable,

(c) the provisions shall have effect as if a reference to a police authority were a reference to the Authority,

(d) the provisions shall have effect as if a reference to a constable were a reference to a constable of the Police Force,

(e) section 45 shall have effect, except in relation to a code which is expressed to apply for the purposes of that section in its application both by virtue of this section and otherwise, as if for subsection (3) there were substituted a requirement to consult the Authority and the Chief Constable, and

(f) Schedule 4 shall have effect as if a reference to the relevant police area or a police area were a reference to—

(i) any place in England or Wales where a constable of the Police Force has powers by virtue of section 31(1)(a) to (f) of this Act, and

(ii) for a purpose connected to a railway or to anything occurring on or in relation to a railway, any place in England and Wales.

29 Terms of employment

(1) In relation to the terms and conditions of employment of constables and other persons employed in the service of the Police Force, the Authority shall comply with rules or principles contained in any document issued to them for the purpose by the Secretary of State.

(2) Rules or principles under subsection (1) may, in particular—

(a) require the adoption of specified scales or ranges of pay or allowances;

(b) require a specified class of employee to be treated for specified purposes in the same way as another specified class of employee (whether of the Authority or not) or office-holder;

(c) require the approval of the Secretary of State for changes in the policy or practice of the Authority;

(d) require compliance with rules or principles specified or to be specified in another document.

30 Trade union membership

(1) A constable or cadet of the Police Force may not be a member of a trade union (within the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)).

(2) Subsection (1) shall not prevent—

(a) membership of the British Transport Police Federation, or

(b) retention, with the consent of the Chief Constable, of a membership status acquired by a person before he joined the Police Force.

Jurisdiction

31 Jurisdiction

(1) A constable of the Police Force shall have all the powers and privileges of a constable—