Railway Safety (Northern Ireland) Act 2002
| Jurisdiction | Northern Ireland |
| Citation | 2002 NI c 8 |
| Year | 2002 |
were existing statutory provisions, within the meaning of that Part; andin the case of the statutory provisions mentioned in paragraphs (a) to (i) of that subsection, were specified in the third column of Schedule 1 to that Order.securing the proper construction and safe operation of railways, and of any vehicles used, or to be used, on railways; andprotecting the public (whether passengers or not) from personal injury and other risks arising from the construction and operation of railways.repeal or modify any of the statutory provisions mentioned in subsection (4) ; andmake any provision which, but for any such repeal or modification, could be made by regulations or orders made under any of those statutory provisions.section 10 of the Railway Regulation Act 1842 (c. 55) ;section 47 of the Railways Clauses Consolidation Act 1845 (c. 20) ;section 22 of the Regulation of Railways Act 1868 (c. 119) ;the Regulation of Railways Act 1871 (c. 78) ;sections 1 and 4 of the Regulation of Railways Act 1889 (c. 57) ;the Railway Employment (Prevention of Accidents) Act 1900 (c. 27) ;sections 2 and 3 of the Railways Act (Northern Ireland) 1934 (c. 5) ;section 66 of the Transport Act (Northern Ireland) 1967 (c. 37) ;sections 2 to 4 of this Act;any regulations made under section 2 of the European Communities Act 1972 (c. 68) for the purpose of implementing the Council Directive of 29th July 1991 (91/440/EEC) on the development of the Community's railways (as amended or extended by any subsequent Directive) , so far as the regulations are made for safety purposes.new works, plant or equipment are first brought into use; orworks, plant or equipment are first brought into use after alterations have been made to them.shall prescribe the cases in which approval is required and the procedure for obtaining it;may include provision as to the time when works, plant or equipment are to be treated as first brought into use, including provision for disregarding periods of testing and other periods of use before sufficient information is available for a decision to be made on an application for approval;may include provision prohibiting the giving of false information to the Department.to dispense (conditionally or unconditionally) with compliance with regulations that would otherwise apply, orto require compliance with regulations that would not otherwise apply,(4) Regulations under this section may provide that any person who without reasonable cause contravenes any specified provision of the regulations, or does so in specified circumstances, shall be guilty of an offence under this section.(5) Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.(6) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.(7) In this section “equipment” includes vehicles.(8) Regulations under this section shall be subject to negative resolution.accidents involving death or personal injury, andcircumstances involving a danger of death or personal injury,(2) Regulations under this section shall prescribe the cases in which reports are required, the persons required to make them, the time and manner in which they are to be made, and the particulars to be included in them.to dispense with compliance with any provision of the regulations that would otherwise apply, orto require compliance with any provision that would not otherwise apply,(4) A person who, without reasonable excuse, fails to make a report as required by regulations under this section shall be guilty of an offence.(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.(6) Regulations under this section shall be subject to negative resolution.(1) The Department may give a direction under this section to the operator of a railway.maximum speeds at which vehicles in use on a railway may travel, andmaximum weights that may be transmitted to the rails by any one pair of wheels, or by such other parts of the vehicles as may be specified in the direction.(3) Directions under this section may make different provision for different vehicles, different parts of a railway, or otherwise for different circumstances.(4) Before giving a direction under this section, the Department shall consult the person to whom he proposes to give it.(5) If a direction under this section is contravened, the person to whom the direction was given shall be guilty of an offence.(6) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.Schedule 1 (which makes provision for the placing of signs and barriers on or near a private road or path which crosses a railway) shall have effect. In this Act— Section 7—Amendments and repeals (1) Except as provided
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