95.—(1) This section applies to a F122[railway organisation] (other than a heritage railway) which operates railway infrastructure or operates trains on a railway infrastructure where such infrastructure is used, or intended to be used, wholly or partly for the carriage of members of the public or freight.

(2) This section does not apply to a F122[railway organisation] which operates railway infrastructure or operates trains on a railway infrastructure, where such infrastructure is used, or is intended to be used, solely for industrial use.

(3) A F122[railway organisation] to whom this section applies shall appoint persons whom it, with the consent of the Commission, considers are suitably qualified to be authorised persons for the purpose of performing functions under this Part and Part 9, on its behalf.

(4) An authorised person is not entitled to perform a function under this Part or Part 9 unless he or she has received training and instruction, which, in the opinion of the undertaking concerned, is such as will provide appropriate guidance to him or her in the performance of the function.

(5) An authorised person, shall, on his or her appointment under this section, be furnished by the F122[railway organisation] concerned with a warrant of his or her appointment as an authorised person and when performing any function conferred on an authorised person under this Part or Part 9, shall if requested by any person affected, produce such warrant to that person for inspection.

(6) A statement by an employee involved in the management of the F122[railway organisation] concerned that, a warrant of appointment as an authorised person was furnished to a particular person, and such person had received training and instruction which, in the opinion of the undertaking concerned, provided appropriate guidance to such person in the performance by him or her of a function under this Part or Part 9, shall, until the contrary is proved, be sufficient evidence in any proceedings of the fact of, the furnishing of such warrant to such person, receipt by him or her of such training and instruction, and the making of the statement by an employee so involved in the undertaking.

(7) A warrant furnished by an undertaking under subsection (5) shall be in such form and contain such particulars as may, from time to time, be specified by the Commission.

(8) Subject to the Fire Services Act 1981, an authorised person shall have unhampered access to a railway F123[accident or] incident site for the purposes of this Part and Part 9.

(9) Subject to the Fire Services Act 1981, a F122[railway organisation] shall, for the purposes of this Part and Part 9, ensure that an authorised person appointed by it has unhampered access to any railway property under its management or control.

(10) An authorised person may be referred to by the undertaking concerned by such title as it decides.