Railway Safety Act 2005

Revision of F68 [ safety management document ].

48

48.—(1) A F69 [ railway organisation ] shall revise its F68 [ safety management document ] (“revised F68 [ safety management document ]”) in circumstances where—

( a) the F69 [ railway organisation ] considers it appropriate to do so,

( b) new works or new rolling stock are accepted by the Commission in accordance with section 42(6) or 43(5), or

( c) the Commission issues a notice in writing to the F69 [ railway organisation ] requiring it to do so.

(2) Where a revised F68 [ safety management document ] is proposed under paragraph (a) or (c) of subsection (1) and where the revision will materially alter the F68 [ safety management document ] previously accepted by the Commission, the relevant F69 [ railway organisation ] shall submit the proposed revision to the Commission, together with a report prepared by a person engaged in accordance with section 45(2) and the revision shall not be made unless it has been accepted by the Commission in accordance with section 46 .

(3) Notwithstanding subsection (2), a F69 [ railway organisation ] may revise its F68 [ safety management document ] without the prior acceptance of the Commission in circumstances where not to do so may result in the F69 [ railway organisation ] being in contravention of its duty under section 36 .

(4) Where a F69 [ railway organisation ] revises its F68 [ safety management document ] in accordance with subsection (3), it shall immediately notify the Commission of such revision, stating the circumstances that give rise to the revision and the reasons why prior submission to the Commission could not be made and, as soon as practicable thereafter, submit the revised F68 [ safety management document ] to the Commission, together with a report prepared by a person engaged in accordance with section 45(2) .

(5) A F69 [ railway organisation ] which does not comply with a requirement of 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:

F68

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

F69

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