Railway Safety Act 2005

Interpretation.

2

2.—(1) In this Act, except where the context otherwise requires—

F1 [ accident means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences; accidents are divided into the following categories: collisions, derailments, level-crossing accidents, accidents to persons caused by rolling stock in motion, fires and others; ]

F2 [ annual report means the report published by the Commission under section 28A ; ]

F1 [ causes means actions, omissions, events or conditions, or a combination thereof, which led to an accident or incident, and includes a direct and immediate cause of the accident or incident including contributory factors relating to actions taken by persons involved or condition of the rolling stock or technical installations, underlying causes relating to skills, procedures or maintenance and root causes relating to the regulatory framework conditions and application of the safety management system; ]

F3 [ Commission means Commission for Railway Regulation; ]

F4 [ Commission Regulation 851/2006/EC means Commission Regulation 851/2006/EC of 9 June 2006 2 with the exception of the final indent; ]

“Council” means the Railway Safety Advisory Council established under section 82 ;

F5 [ Directive means Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004, as amended by the following:

( a ) the Railway Interoperability Directive;

( b ) Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008;

( c ) Commission Directive 2009/149/EC of 27 November 2009; ]

“establishment day” means the day appointed by the Minister under section 7 to be the establishment day for the purposes of Part 2;

F4 [ European Commission means Commission of the European Communities;

European Railway Agency means the European Railway Agency, the European Community agency for railway safety and interoperability; ]

F1 [ extensive damage means damage that can immediately be assessed by the Investigation Unit to cost at least 2 million in total; ]

“functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“heritage railway” means a person who only operates train services or railway infrastructure of historical or touristic interest or such other person whom the Commission has by regulations under section 4 (6) specified to be a heritage railway;

F1 [ incident means any occurrence, other than an accident or serious accident, associated with the operation of trains and affecting the safety of operation; ]

“inspector” means a person appointed under section 73 to be an inspector;

“international service” means the operation of a railway service between the State and another state;

“intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol;

F1 [ investigation means a process conducted for the purpose of accident and incident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes and, when appropriate, the making of safety recommendations; ]

“investigation report” means a report published by the Investigation Unit of an investigation undertaken by it;

F1 [ investigation unit means the Railway Accident Investigation Unit established under Regulation 4 of the Regulations of 2014;

investigator has the meaning assigned to it in the Regulations of 2014; ]

“local authority” has the meaning assigned to it by the Local Government Act 2001;

“medical practitioner” means a person registered in the General Register of Medical Practitioners;

“Minister” means Minister for Transport;

“operation” in relation to a F6 [ railway organisation ], includes the operation of railway services or the operation of railway infrastructure, or both, and any other ancillary activities;

“public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;

“qualified person” and “suitably qualified person” shall be construed in accordance with section 49(18) ;

“railway” means—

( a) a railway which has a gauge of not less than 350 mm and which is used for the carrying of fare-paying passengers, or fee-paying members, or the conveyance of merchandise,

( b) any part of such other railway that has a physical interface with a railway mentioned in paragraph (a), or a physical interface with a public road, or

( c) any other infrastructure that may be specified by the Commission under section 4 ;

F7 [ ]

“railway infrastructure” means the fixed assets used for the operation of a railway including, but not limited to, rail track, railway stations, permanent way and plant used for signalling or exclusively for supplying electricity for operational purposes to the railway;

F2 [ Railway Interoperability Directive means Directive 2008/57/EC of 17 June 2008 of the European Parliament and of the Council; ]

“railway property” has the meaning assigned to it by section 73(15) ;

F8 [ railway organisation means

( a ) a metro, tramway or other light rail system,

( b ) a heritage, museum or tourist railway that operates on its own network, including workshops, vehicles and staff,

( c ) a heritage railway that runs on the railway system in the State,

( d ) a railway undertaking or an infrastructure manager to which the European Union (Railway Safety) Regulations 2013 ( S.I. No. 444 of 2013 ) apply except in the case of sections 39, 45, 46, 47, 48 and 50 of this Act, or

( d ) any other person who operates a railway; ]

“record” means any memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form F9 [ ] (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically and any thing that is a part or a copy, in any form, of any of the foregoing or is a combination of two or more of the foregoing;

F1 [ Regulations of 2014 means European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2014 ( S.I. No. 258 of 2014 );

Regulations of 2013 means European Union (Railway Safety) Regulations 2013 ( S.I. No. 444 of 2013 );

Regulations of 2008 means European Union (Railway Safety) Regulations 2008 ( S.I. No. 61 of 2008 ); ]

F10 [ reportable accident or incident means a railway accident or incident that is required to be reported to the Investigation Unit and to the Commission in accordance with Regulation 7 of the Regulations of 2014. ]

“road authority” means—

( a) in the case of a national road, the National Roads Authority, and

( b) in the case of a regional or local road, the city, county, borough or town council, in whose administrative area the road is located;

“rolling stock”, in relation to a railway, means any train or any other vehicle with flanged wheels which is designed to operate on a railway;

F11 [ safety management certificate means a safety management certificate issued under section 46(1)(a) ; ]

F12 [ safety management document ]” shall be construed in accordance with section 39 ;

F1 [ serious accident means any train collision or derailment of trains, resulting in the death of at least one person or serious injuries to five or more persons or extensive damage to rolling stock, the infrastructure or the environment, and any other similar accident with an obvious impact on railway safety regulation or the management of safety; ]

“train” means a vehicle with flanged wheels designed to operate on a railway for whatever purpose, and includes carriages and rolling stock.

F2 [ vehicle means a railway vehicle suitable for circulation on its own wheels on railway lines, with or without traction composed of one or more structural and functional subsystems or parts of such subsystems. ]

(2) In this Act—

( a) a reference to a section, Part or Schedule is a reference to a section or Part of or Schedule to this Act unless it is indicated that a reference to some other enactment is intended,

( b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

( c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by any subsequent enactment including this Act.

F13 [ (3) F14 [ ] ]

F15 [ (4) In this Act, a reference to accident is to be read as a reference to a serious accident when the investigation of a serious accident is being carried out. ]

Annotations:

Amendments:

F1

Inserted (12.06.2014) by European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2014 (S.I. No. 258 of 2014), reg. 21(a)(i).

F2

Inserted (17.02.2011) by European Communities (Railway Safety) Regulations 2011 (S. I. No. 70 of 2011), reg. 2(a)(i).

F3

Substituted (29.02.2016) by Public Transport Act 2016 (3/2016), s. 4(4)(a), commenced as per subs. (1) and S.I. No. 69 of 2016.

F4

Inserted (6.03.2008) by European Communities (Railway Safety) Regulations 2008 (S.I. No. 61 of 2008 ), reg. 3(1).

F5

Substituted (17.02.2011) by European Communities (Railway Safety) Regulations 2011 (S. I. No. 70 of 2011), reg. 2(a)(ii).

F6

Substituted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(d).

F7

Deleted (6.03.2008) by European Communities (Railway Safety) Regulations 2008 (S.I. No. 61 of 2008 ), reg. 3(1)(c).

F8

Substituted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(a)(i).

F9

Deleted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 203, S.I. No. 174 of 2018.

F10

Substituted (12.06.2014) by European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2014 (S.I. No. 258 of 2014), reg. 21(a)(ii).

F11

Inserted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(a)(ii).

F12

Substituted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(c).

F13

Inserted (6.03.2008) by European Communities (Railway Safety) Regulations 2008 (S.I. No. 61 of 2008), reg. 3(2).

F14

Deleted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(b).

F15

Inserted (12.06.2014) by European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2014 (S.I. No. 258 of 2014), reg. 21(a)(iii).

Modifications (not altering text):

C11

References to “General Register of Medical Practitioners ” construed (1.05.2010) by Medical Practitioners Act 2007 (25/2007), s. 108(2), S.I. No. 150 of 2010, as amended by (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or [, on and after the register establishment day,] be construed as a reference to [...] the register.

...

C12

References to “Investigation Unit” construed (14.07.2014) 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 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,

...

C13

References to “county council”, “city council”, “a county council and a city council”, “the administrative area of a county council”, “the administrative area of a city council”, “the administrative area of a county council and the administrative area of a city council” and “function of a town council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 9(2), (3) and 25(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. (1) On and from the 2014 establishment day and for the purposes of local government— ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

...

Dissolution of town councils — consequential provisions

25. (1) (a) All acts done and decisions duly made, whether by resolution, manager’s order or otherwise, before the transfer date in respect of a town council shall, subject to this Act, continue to have all such force and effect as they had immediately before that date.

...

(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.

...

Editorial Notes:

E1

Previous affecting provision: definition of “Directive” inserted (6.03.2008) by European Communities (Railway Safety) Regulations 2008 (S.I. No. 61 of 2008), reg. 3(1)(a); substituted as per F-note above.