Railway Safety Act 2005
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Revision of safety case. |
48.—(1) A railway undertaking shall revise its safety case (“revised safety case”) in circumstances where— | |
(a) the railway undertaking 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 railway undertaking requiring it to do so. | ||
(2) Where a revised safety case is proposed under paragraph (a) or (c) of subsection (1) and where the revision will materially alter the safety case previously accepted by the Commission, the relevant railway undertaking 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 railway undertaking may revise its safety case without the prior acceptance of the Commission in circumstances where not to do so may result in the railway undertaking being in contravention of its duty under section 36 . | ||
(4) Where a railway undertaking revises its safety case 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 safety case to the Commission, together with a report prepared by a person engaged in accordance with section 45 (2). | ||
(5) A railway undertaking 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. |