Transport Act 1968

125 Powers of inspectors of railways as respects persons other than railway companies and their staff. E+W+S

(1) The powers of an inspector of railways under paragraph (1) of section 4 of the M1 Regulation of Railways Act 1871 (entry to and inspection of railway premises and equipment) shall also be exercisable in respect of—

(a) any bridge over or under which any railway passes, being a bridge not belonging to a railway company;

(b) any premises occupied by a person to whom paragraph (a), (c) or (d) of subsection (2) of this section applies and used for the purposes of any such work as is mentioned in that paragraph.

(2) The power of such an inspector under paragraph (2) of the said section 4 (summoning, questioning and obtaining of returns from railway companies and their staff) shall also be exercisable in respect of—

(a) any person (other than a person mentioned in the said paragraph (2)) who, in pursuance of a contract with a railway company, is carrying or has carried out any work on, over or under a railway or in respect of any premises or equipment used in connection with a railway;

(b) any person who is the owner, or responsible for the maintenance, of any such bridge as is mentioned in subsection (1)(a) of this section;

(c) any person who, in pursuance of a contract with a person to whom paragraph (b) of this subsection applies, is carrying or has carried out any work in connection with any such bridge as aforesaid;

(d) any person who, in pursuance of a contract with a person to whom paragraph (a) or (c) of this subsection applies, is carrying or has carried out any such work as is mentioned in that paragraph;

(e) any employee of a person to whom any of the foregoing paragraphs of this subsection applies, being an employee whose duties are connected with any such work or bridge as is mentioned in that paragraph, and, where a person to whom any of the foregoing paragraphs of this subsection applies is a body corporate, any director or other person engaged in the management of that body.

(3) The power of any such inspector under paragraph (3) of the said section 4 (production of books, papers and documents of a railway company) shall also be exercisable in respect of the books, papers and documents of a person to whom paragraph (a), (b), (c) or (d) of subsection (2) of this section applies which relate to any such work or bridge as is mentioned in that paragraph.

(4) In this section references to a railway company include references to any of the Boards whose undertaking includes a railway. . . F1 .

Textual Amendments

F1 Words repealed by Transport Act 1980 (c. 34, SIF 126), Sch. 9 Pt. III

Modifications etc. (not altering text)

C1 S. 125 amended (2.2.1994) by 1993 c. 43, s. 117(1)(6) (with S.I. 1990/1380 arts. 3, 4); S.I. 1994/202, art. 2

C2 S. 125 power to repeal or modify (2.2.1994) by 1993 c. 43, ss. 117(4)(k)(6), 150 (1)(e); S.I. 1994/202, art. 2

C3 S. 125 amended by Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)

Marginal Citations

M1 1871 c. 78.