Railway Safety Act 2005
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Disclosure of records. |
126.—(1) The Investigation Unit, the Commission, a railway undertaking or any other person concerned with the conduct of an investigation under section 53 or 58 or with an inquiry under section 64 shall not disclose the following records to any other party for purposes other than such investigation or inquiry: | |
(a) statements taken by an inspector, railway undertaking or other person in the course of the investigation or inquiry; | ||
(b) medical or private information regarding persons involved in the railway incident which is the subject of the investigation or inquiry; | ||
(c) voice or video recordings or transcripts of such recordings; | ||
(d) data recordings or output from such recordings which are not relevant to the investigation or inquiry; | ||
(e) opinions expressed in the analysis of information; and | ||
(f) observations submitted in accordance with section 62 (3) where the person who has submitted the observations so requests. | ||
(2) Notwithstanding subsection (1), the Commission or tribunal may disclose a particular record where it considers, in respect of the particular record, that the probable benefits to the public interest from such disclosure would outweigh any adverse impact of such disclosure on that investigation or inquiry or on any future investigation by the Commission, or railway undertaking or an inquiry by a tribunal. | ||
(3) Subsection (1) shall not preclude the Commission, a railway undertaking or a tribunal from including such records in a report under section 53 , 60 , 62 or 64 where the information is pertinent to the analysis of the cause of a railway incident or the recommendations arising from the investigation of or inquiry into such incident. | ||
(4) Any record, other than a record under subsection (1), held by the Commission or a tribunal in the course of an investigation or inquiry shall not be made available by the Commission or tribunal to any other party except for the purposes of an investigation or inquiry until after the day of publication of a report under section 60 or 64 or the finalisation of a report under section 53 unless the Commission or tribunal as the case may be deems it appropriate in the public interest to do so. | ||
(5) For the avoidance of doubt, information specified in subsection (1) shall— | ||
(a) where held by a railway undertaking, be provided to the Commission or a tribunal on receipt of a request from the Commission or the tribunal, and | ||
(b) where held by the Commission or a tribunal in relation to an investigation or an inquiry relating to an international service, and where the Commission or the tribunal considers that there is a benefit in so doing, be provided on receipt of a request from a relevant competent authority in another state, to such authority. | ||
(6) In this section, “tribunal” means a tribunal of inquiry under section 64 . |