45.—(1) A F55[safety management document] prepared by a F56[railway organisation] which operates a railway immediately before the commencement of this section shall be submitted to the Commission by the F56[railway organisation] not later than 6 months after the commencement of this section.

(2) A F56[railway organisation] shall, before it submits a F55[safety management document] to the Commission, engage a suitably qualified person to independently assess the safety management system described in such F55[safety management document] and the report of such person shall be submitted to the Commission at the same time as the F55[safety management document]

(3) Where a F56[railway organisation] has altered its safety management system on the basis of the report of a person engaged in accordance with subsection (2), the F55[safety management document] shall be amended as appropriate and a statement of the actions taken by the F56[railway organisation] in response to the report, together with the report of the assessment and the F55[safety management document] as amended, shall be submitted to the Commission.

F57[(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.]

F58[(4A) F59[…]]

F60[(5) Subsection (4) does not apply in respect of the periods specified in subsection (1) and sections 44(2) and 46(8).]

(6) A F56[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.