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Section 11 Accident regulationsI1

(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 F1section 224 of the Sentencing Code);

(b)

confer a discretionary function;

(c)

confer jurisdiction on a court or tribunal.

Annotations

Textual amendments

F1

Words in s. 11(4)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 201 (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement

I1

S. 11 in force at 17.10.2005 by S.I. 2005/1991, art. 2(1)(2)(xi)

Notes on Part 1

Modifications

C1

Pt. 1 modified (17.10.2005 for specified purposes, 31.1.2006 for specified purposes) by Railways (Accident Investigation and Reporting) Regulations 2005 (S.I. 2005/1992), regs. 1(2), 3(3), 3(2)(3)(4)