Railway Safety Act 2005

Independence of Investigation Unit.

57.—(1) The Commission shall not influence or seek to influence an investigation by the Investigation Unit of a railway incident or the contents of a report prepared by the Investigation Unit in accordance with sections 60 or 61.

(2) For the purposes of the exercise of its functions under this Part, the Investigation Unit may, where it deems it appropriate to do so as part of an investigation into a railway incident, investigate any decision, action or omission of the Commission which the Investigation Unit considers may be relevant to its investigation and the Commission shall co-operate with the Investigation Unit.

(3) The Chief Investigator and other staff of the Investigation Unit shall not be involved in carrying out any other functions of the Commission where such involvement could reasonably be expected to lead to an actual or potential conflict of interest in the carrying out of an investigation into the cause or causes of a railway incident.

(4) Subsection (3) does not prevent the Chief Investigator and other staff of the Investigation Unit from carrying out other functions of the Commission where such functions are required for the proper administration of the Commission or where they could not reasonably be expected to lead to an actual or potential conflict of interest.

(5) An inspector of the Commission, who is not a member of the staff of the Investigation Unit, may, at the request of the Chief Investigator and with the approval of the Commission, assist the Chief Investigator with the investigation of a railway incident, where, in the opinion of the Chief Investigator, this does not lead to an actual or potential conflict of interest.