Railway Safety Act 2005
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 Application.  |   
 4.—(1) This Act applies to all railway undertakings.  | |
(2) Notwithstanding section 69 of the Transport (Railway Infrastructure) Act 2001 , this Act applies to any railway works authorised by a railway order under section 43 of that Act.  | ||
(3) This Act does not apply to the operation of railway infrastructure solely for industrial use, except insofar as it has an interface with a public road or with a railway undertaking.  | ||
(4) This Act does not apply to fairground equipment which has been granted a valid certificate of safety in accordance with section 239 of the Planning and Development Act 2000 , unless, in the opinion of the Commission, it is appropriate to apply it in the interest of the safety of persons.  | ||
(5) The Commission may by regulations specify any other infrastructure to be a railway for the purposes of this Act where, in the opinion of the Commission, it is appropriate to do so in the interest of the safety of persons.  | ||
(6) The Commission may by regulations specify any person to be a heritage railway for the purposes of this Act where, in the opinion of the Commission, it is appropriate to do so in the interest of the safety of persons.  |