Railway Safety Act 2005

Submission and assessment of F57 [ safety management document ].

45

45.—(1) A F57 [ safety management document ] prepared by a F58 [ railway organisation ] which operates a railway immediately before the commencement of this section shall be submitted to the Commission by the F58 [ railway organisation ] not later than 6 months after the commencement of this section.

(2) A F58 [ railway organisation ] shall, before it submits a F57 [ safety management document ] to the Commission, engage a suitably qualified person to independently assess the safety management system described in such F57 [ safety management document ] and the report of such person shall be submitted to the Commission at the same time as the F57 [ safety management document ]

(3) Where a F58 [ railway organisation ] has altered its safety management system on the basis of the report of a person engaged in accordance with subsection (2), the F57 [ safety management document ] shall be amended as appropriate and a statement of the actions taken by the F58 [ railway organisation ] in response to the report, together with the report of the assessment and the F57 [ safety management document ] as amended, shall be submitted to the Commission.

F59 [ (4) A railway organisation shall not operate railway infrastructure or railway services unless it has received notification from the Commission of its acceptance of the relevant safety management document and been issued with a safety management certificate. ]

F60 [ (4A) F61 [ ] ]

F62 [ (5) Subsection (4) does not apply in respect of the periods specified in subsection (1) and sections 44(2) and 46(8) . ]

(6) A F58 [ railway organisation ] 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.

Annotations:

Amendments:

F57

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

F58

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

F59

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

F60

Inserted (6.03.2008) by European Communities (Railway Safety) Regulations 2008 (S.I. No. 61 of 2008), reg. 9(1); deleted as per F-note above.

F61

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

F62

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

Editorial Notes:

E26

The amendment provided (25.11.2013) in European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(g) cannot be made because the words to be substituted (safety certificate) do not exist in the section.

E27

Previous affecting provision: subs. (5) substituted (17.02.2011) by European Communities (Railway Safety) Regulations 2011 (S.I. No. 70 of 2011), reg. 2(e); substituted as per F-note above.

E28

Previous affecting provision: subss. (4) amended, (4A) inserted and (5) amended (6.03.2008) by European Communities (Railway Safety) Regulations 2008 (S.I. No. 61 of 2008), reg. 9(1), (3); substituted and deleted as per F-notes above.