Railway Safety Act 2005

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Investigations by Investigation Unit.

58.—(1) The purpose of an investigation by the Investigation Unit under this section shall be to improve railway safety by establishing, in so far as possible, the cause or causes of an incident with a view to making recommendations for the avoidance of incidents in the future, or otherwise for the improvement of railway safety.

(2) It shall not be the purpose of an investigation to attribute blame or liability.

(3) Notwithstanding subsection (2), the Commission may take enforcement action under Part 7 against a railway undertaking where an investigation by the Investigation Unit finds that the railway undertaking did not carry out its duties in compliance with this Act.

(4) An investigation under this section shall be undertaken by a person appointed by the Investigation Unit who is an inspector or a person engaged in accordance with section 18 who, in the opinion of the Investigation Unit, is suitably qualified to undertake an investigation.

(5) Where a person other than an inspector is appointed under subsection (4) or (8), the Commission shall issue to such person a warrant of his or her appointment and the person shall, if requested by any person affected by the investigation, show the warrant to the person.

(6) Where an investigation under this section relates to an international service, the Investigation Unit shall notify the relevant competent authority in the other state and shall invite that competent authority to nominate a person to participate in the investigation and share the results.

(7) Where an investigation under this section relates to an international service and the railway incident concerned took place on or close to the border with another state, the Investigation Unit shall agree with the competent authority in the other state for either it or the other competent authority to investigate the incident, or to carry out a joint investigation.

(8) Where a person is nominated in accordance with subsection (6), the Commission may, for the sole purpose and duration of the investigation, appoint the person nominated to be an inspector.

(9) The Investigation Unit may pay any reasonable expenses incurred by a person appointed under subsection (8) and these expenses shall form part of the expenses of the Commission.

(10) Any record gathered by a person appointed under subsection (4) shall be and remain a record of the Investigation Unit and a person appointed under this section shall not publish or publicise, or use for any other purpose, such records except with the prior consent in writing of the Investigation Unit.

(11) A person appointed under subsection (4) shall, for the purposes of the investigation and for the period of his or her appointment, have the powers of an inspector.

(12) The Investigation Unit shall, as soon as practicable, send a copy of a report into a railway incident involving an international service, published in accordance with section 60 , to the relevant competent authority in the other state.

(13) Where, during the course of its investigation, the Investigation Unit becomes aware of any implications for railway safety which, in its opinion, warrant consideration by a railway undertaking or other person, in advance of the publication of the report of its investigation, the Investigation Unit may make such interim recommendation as it considers to be warranted and feasible for the avoidance of railway incidents or otherwise for the improvement of railway safety. In section 63 a reference to a recommendation includes a reference to an interim recommendation under this subsection.

(14) The Investigation Unit shall, on the commencement of an investigation under this section, notify the railway undertaking concerned and such other persons as it may deem appropriate of such commencement.

(15) The Investigation Unit may, before commencing an investigation under this section, make enquiries to determine whether an investigation is warranted.

(16) A railway undertaking shall, as soon as practicable following notification under subsection (14), provide to the Investigation Unit details of all records held by it, and all information known to it, that may be relevant to an investigation under this section and shall immediately thereafter notify the Investigation Unit of any further relevant records which come into its possession and any further relevant information that becomes known to it.

(17) An answer, statement or declaration given to an inspector as part of an investigation under this section shall not be admissible as evidence in civil or criminal proceedings.