Railway Safety Act 2005
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Submission and assessment of safety case. |
45.—(1) A safety case prepared by a railway undertaking which operates a railway immediately before the commencement of this section shall be submitted to the Commission by the railway undertaking not later than 6 months after the commencement of this section. | |
(2) A railway undertaking shall, before it submits a safety case to the Commission, engage a suitably qualified person to independently assess the safety management system described in such safety case and the report of such person shall be submitted to the Commission at the same time as the safety case. | ||
(3) Where a railway undertaking has altered its safety management system on the basis of the report of a person engaged in accordance with subsection (2), the safety case shall be amended as appropriate and a statement of the actions taken by the railway undertaking in response to the report, together with the report of the assessment and the safety case as amended, shall be submitted to the Commission. | ||
(4) A railway undertaking shall not operate railway infrastructure or railway services unless it has received notification from the Commission of its acceptance of the relevant safety case. | ||
(5) Subsection (4) does not apply in respect of the periods specified in subsection (1), section 44 (2) and section 46 (8). | ||
(6) A railway undertaking which does not comply with this section is guilty of an offence and is liable— | ||
(a) on summary conviction, to a fine not exceeding €3,000, or | ||
(b) on conviction on indictment, to a fine not exceeding €500,000. |