Article 38 TrespassI1

England, Wales and Scotland

(1)

A person who—

(a)

trespasses on any part of the railway; or

(b)

trespasses on any land of the Council in dangerous proximity to the railway or to any electrical or other apparatus used for or in connection with the operation of the railway,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)

No person is to be convicted of an offence under this article unless it is shown that a notice warning the public not to trespass on the railway was clearly exhibited and maintained at the station on the railway nearest the place where the offence is alleged to have been committed.

(3)

If the railway or any part of it is transferred to Network Rail or LUL under article 34 (power to transfer undertaking) this article ceases to apply to the railway or to the part of it that has been so transferred.

(4)

In this article “the railway” means the railway forming part of the authorised works.

Annotations

Commencement

I1: Art. 38 in force at 21.8.2013, see art. 1