Railway Safety Act 2005

46

F63 [ Acceptance of safety management document by Commission

46. (1)( a ) The Commission shall notify a railway organisation of its acceptance of a safety management document by issuing a certificate ( safety management certificate ) to that railway organisation.

( b ) A safety management certificate may be subject to such conditions as may be deemed appropriate by the Commission.

( c ) The form of safety management certificates shall be determined by the Commission.

(2) The Commission shall only accept a safety management document, or a revised safety management document under section 48 , and issue a safety management certificate under subsection (1) where the information contained in the safety management document or in the revised safety management document is sufficient to satisfy the Commission that the railway organisation is capable, subject to any conditions set down for the safety management certificate, of carrying out its operations in compliance with the duty imposed on it under section 36 .

(3) Where the Commission is not satisfied in accordance with subsection (2) with a safety management document or a revised safety management document, the Commission shall, by notice in writing, require the railway organisation concerned to

( a ) reconsider the information contained in the safety management document or revised safety management document and, if appropriate, re-examine and amend the safety management system described therein, and

( b ) have any changes made by it to the safety management document or revised safety management document examined by a person engaged in accordance with section 45(2) and have a report of the examination prepared by such person.

(4) A railway organisation in receipt of a notice under subsection (3) or in receipt of a safety management certificate that is subject to conditions in accordance with subsection (1)( b ) may re-submit the safety management document or revised safety management document where, in the opinion of the railway organisation

( a ) in the case of the notice, the issues raised by the Commission in the notice have been addressed, or

( b ) in the case of the safety management certificate that is subject to conditions, the safety management document or revised safety management document has been amended to the extent that the conditions are no longer warranted.

(5) The Commission, in deciding whether or not to issue a safety management certificate, for the purposes of satisfying itself under subsection (2) , may request any additional information or clarifications from a railway organisation and the organisation shall comply with such a request.

(6) The re-submission of a safety management document in accordance with subsection (4) shall be accompanied by a report prepared under subsection (3)( b ) .

(7) In considering a safety management document or a revised safety management document submitted by a railway organisation, the Commission shall, in relation to the adequacy of the safety management system documented therein, have regard to the size and nature of the railway organisation and, in particular

( a ) the nature, extent and complexity of its railway infrastructure and operations,

( b ) its interaction, if any, with railway infrastructure or trains of other railway organisations or with public roads, and

( c ) the likely consequences for persons of any accident or incident on its railway.

(8) The Commission shall issue a safety management certificate under subsection (1) or a notice under subsection (3) as soon as practicable after it has completed its assessment but no later than 4 months after the date of receipt of the safety management document or revised safety management document or receipt of all information or clarifications requested under subsection (5) .

(9) The acceptance of a safety management document or a revised safety management document by the Commission and the issuing of a safety management certificate shall not be interpreted as relieving a railway organisation of its duty under section 36 .

(10) The Commission shall

( a ) refuse to issue a safety management certificate where it is not satisfied in accordance with subsection (2) ,

( b ) revoke a safety management certificate issued under subsection (1) if the railway organisation which is the holder of the certificate fails to comply with its safety management document and the Commission considers that the railway organisation cannot comply with its duty under section 36 , or

( c ) revoke a safety management certificate if the railway organisation has not used it as intended in the year following its issue.

(11) Where the Commission proposes to refuse or revoke a safety management certificate in accordance with subsection (10) , it shall notify the railway organisation concerned of the proposal and the railway organisation may, within 21 days of the date of the service of notification, make representations to the Commission, which shall consider them.

(12) Where the Commission decides to refuse a safety management certificate, or revoke the safety management certificate issued by it, the Commission shall inform the railway organisation concerned of its decision and the railway organisation may, not later than 14 days of the date of the service of the notice giving the decision appeal the decision to the High Court. The refusal or revocation does not take effect until the time allowed for an appeal has elapsed, and, in the case of an appeal, until either the appeal is withdrawn or the decision to refuse the safety management certificate or to revoke the safety management certificate is confirmed (with or without modification).

(13) The High Court may either allow the appeal or confirm the decision (with or without modification).

(14) The decision of the High Court on an appeal under subsection (12) is final, except by leave of the Court an appeal on a specified point of law lies to the Supreme Court.

(15)( a ) A safety management certificate remains in force until

(i) it is revoked by the Commission under subsection (10)( b ) ,

(ii) it is replaced by a new certificate, or

(iii) it becomes invalid.

( b ) A safety management certificate is valid for a period not exceeding 5 years from the date of its issue. It may be renewed upon application by the railway organisation concerned as if for a new certificate.

( c ) The Commission may require that a safety management certificate be updated, in whole or in part, whenever the type or extent of the operation of the railway organisation is substantially altered, or following legislative regulatory change.

( d ) The holder of a safety management certificate shall without delay inform the Commission of all major changes in the conditions of the safety management certificate, and shall notify the Commission whenever new categories of staff or new types of rolling stock are introduced.

(16) Railway organisations shall be responsible for the level of training and qualifications of their staff carrying out safety-related work as set out in the safety management system. ]

Annotations:

Amendments:

F63

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

Modifications (not altering text):

C19

References construed and section applied with modifications (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), regs. 5(15) and 6(11).

Safety certificates

5. ...

(15) In respect of a railway system in the State to which these Regulations apply—

( a) any application for safety certification made under section 46 (inserted by Regulation 9(2) of the Regulations of 2008) of the Act of 2005 shall be dealt with as though the application was made under this Regulation,

( b) any reference to a safety certificate that was issued by the safety authority under section 46 of the Act of 2005 and any reference in any enactment to such a certificate or to a requirement to the effect that the necessary safety requirements of the Act of 2005 be met is deemed to be a reference to a safety certificate issued under this Regulation, and

( c) any safety certificate that was issued under section 46 of the Act of 2005 may be renewed, amended or revoked by the safety authority as if it had been granted under this Regulation.

Safety authorisation

6. ...

(11) In respect of the railway system in the State to which these Regulations apply—

( a) any application for safety authorisation made under section 46 of the Act of 2005 shall be dealt with as though the application was made under this Regulation,

( b) any reference to safety authorisation that was issued by the safety authority under section 46 of the Act of 2005 and any reference in any enactment to such authorisation or to a requirement to the effect that the necessary safety requirements of the Act of 2005 be met is deemed to be a reference to a safety authorisation issued under this Regulation, and

( c) any safety authorisation that was issued under section 46 of the Act of 2005 may be renewed, amended or revoked by the safety authority as if it had been granted under this Regulation.

...

Editorial Notes:

E29

Section amended (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(c) and (d); substituted as per F-note above.

E30

Previous affecting provision: subss. (3) and (4) amended (17.02.2011) by European Communities (Railway Safety) Regulations 2011 (S.I. No. 70 of 2011), reg. 2(f); substituted as per F-note above.

E31

Previous affecting provision: section substituted (6.03.2008) by European Communities (Railway Safety) Regulations 2008 (S.I. No. 61 of 2008), reg. 9(2); substituted as per F-note above.