Railway Safety Act 2005

F137 [ Disclosure of records.

126

126. (1) The Investigation Unit, the Commission, a railway organisation or any other person concerned with the conduct of an investigation under section 53 , an investigation under the Regulations of 2014 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 investigator, inspector, railway organisation or other person in the course of the investigation or inquiry,

( b ) medical or private information regarding persons involved in the accident or incident which is the subject of the investigation or inquiry,

( c ) voice or video recordings or transcripts of such recordings, data recordings or output from such recordings which are not relevant to the investigation or inquiry,

( d ) opinions expressed in the analysis of information, and

( e ) observations submitted to the Investigation Unit in accordance with Regulation 9(2)( c ) of the Regulations of 2014 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 organisation or an inquiry by a tribunal.

(3) Subsection (1) shall not preclude the Investigation Unit, the Commission, a railway organisation or a tribunal from including such records in a report under the Regulations of 2014, under section 10 , section 53 or section 64 , respectively, where the information is pertinent to the analysis of the cause of an accident or incident or the recommendations arising from the investigation of or inquiry into such accident or 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 by the Investigation Unit under Regulation 9(1) of the Regulations of 2014 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) Information specified in subsection (1) shall

( a ) where held by a railway organisation, be provided to the Commission or a tribunal on receipt of a request from the Commission or tribunal, and

( b ) where held by the Commission or a tribunal in relation to an investigation or inquiry relating to an international service, and where the Commission or the tribunal considers that there is 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 . ]

Annotations:

Amendments:

F137

Substituted (1.07.2014) by European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2014 (S.I. No. 258 of 2014), reg. 21(1)(m), in effect as per reg. 4(11) and notice in Iris Oifigiúil of 24 June 2014, p. 937.

Modifications (not altering text):

C27

References to “Investigation Unit” construed (1.07.2014) by European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2014 (S.I. No. 258 of 2014), reg. 20(b), in effect as per reg. 4(11) and notice in Iris Oifigiúil of 24 June 2014, p. 937.

Application of Act of 2005

20. On and from the appointed day— ...

( b) reference to Investigation Unit in each place it occurs in sections 2, 64, 65, 66, 89 and 126 of the Act of 2005 and any reference in any enactment to the Railway Accident Investigation Unit established under section 55 of the Act of 2005 is to be read as a reference to the Investigation Unit established under Regulation 4,

...

Editorial Notes:

E69

Previous affecting provision: section amended (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(d); substituted as per F-note above.