Railway Safety Act 2005

Improvement notice.

77

77.—(1) Where an inspector is of the opinion that a F110 [ railway organisation ] or other person is contravening or has contravened or is failing to comply or has failed to comply with any of the provisions of this Act or has failed, following a direction under section 76 , to submit or implement an appropriate improvement plan, the inspector may serve on that F110 [ railway organisation ] or person a notice (“improvement notice”) in writing signed by him or her stating that he or she is of that opinion and the improvement notice shall—

( a) specify the provision as to which the inspector is of that opinion,

( b) give particulars of the reasons why the inspector is of that opinion,

( c) where applicable, state that the F110 [ railway organisation ] or person has failed to submit or implement an improvement plan, and

( d) direct that F110 [ railway organisation ] or person to remedy the alleged contraventions by a date specified in the notice, which shall not be earlier than the period within which an appeal can be brought under subsection (4).

(2) An improvement notice may include directions as to the measures to be taken to remedy the alleged contraventions set out in the notice.

(3) Where an inspector proposes to serve an improvement notice, he or she shall first notify the F110 [ railway organisation ] or person concerned in writing of his or her intention to serve the improvement notice and the F110 [ railway organisation ] or person in question may, within 21 days, make representations to the inspector, who shall consider them.

(4) Where an inspector decides, having considered any representations made to him or her under subsection (3), to serve an improvement notice, a F110 [ railway organisation ] or person which is aggrieved by such improvement notice may, within the period of 14 days beginning on the day on which the notice is served on it, appeal to the High Court against the notice and in determining the appeal the judge may—

( a) if he or she is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

( b) cancel the notice.

(5) In considering an appeal against an improvement notice, the Court shall take into account the general duties of F110 [ railway organisation ]s and others under sections 36 and 37.

(6) A F110 [ railway organisation ] or person who appeals against an improvement notice shall at the same time notify the Commission of the appeal and the grounds for appeal and the Commission shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(7) Where an appeal against an improvement notice is taken, the notice shall take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(8) Where no appeal is taken against an improvement notice, the notice shall take effect on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(9) An inspector may withdraw an improvement notice at any time before the date specified in it under subsection (1)(d) and he or she may extend or further extend that date at any time when an appeal against the notice is not pending.

(10) A person who fails to comply with an improvement notice shall be guilty of an offence and shall be liable—

( a) on summary conviction, to a fine not exceeding €3,000, or

( b) on conviction on indictment, to a fine not exceeding €300,000.

Annotations:

Amendments:

F110

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