Railways Act 2005

Information powers corresponding to section 27 of the 1974 Act E+W+S

11 (1) The [F1 Office of Rail and Road] may serve a notice under this paragraph on any person for the purpose of obtaining information which that Office needs for the carrying out of its safety functions. E+W+S

(2) A notice under this paragraph is one requiring the person on whom it is served—

(a) to provide the [F1 Office of Rail and Road] with information about such matters as may be specified in the notice; and

(b) to do so in the form and manner so specified.

(3) The consent of the Secretary of State is required for the service of a notice under this paragraph.

(4) The consents that may be given for the purposes of sub-paragraph (3) include a general consent relating to notices of a specified description.

(5) Nothing in the Statistics of Trade Act 1947 (c. 39) is to be construed as preventing or penalising the disclosure by a Minister of the Crown or government department to—

(a) the [F1 Office of Rail and Road],

(b) a member, officer or employee of that Office, or

(c) a committee established by that Office,

of information falling within sub-paragraph (6) about an undertaking (within the meaning of that Act).

(6) Information about an undertaking falls within this sub-paragraph if it consists of—

(a) the names and addresses of the persons carrying on the undertaking;

(b) the nature of the undertaking's activities;

(c) the number of persons of different descriptions who work in the undertaking;

(d) the addresses or places where activities of the undertaking are or were carried on;

(e) the nature of the activities carried on there; or

(f) the number of persons of different descriptions who work or worked in the undertaking there.

(7) A person to whom a disclosure that is authorised by sub-paragraph (5) is made must not use the information except for the purposes of the safety functions of the [F1 Office of Rail and Road].

(8) It is an offence for a person—

(a) to contravene a requirement imposed by a notice under this paragraph; or

(b) to use information in contravention of sub-paragraph (7).

(9) A person guilty of an offence under sub-paragraph (8) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment—

(i) in the case of an offence of contravening a notice, to a fine; and

(ii) in the case of an offence of using information in contravention of sub-paragraph (7), to imprisonment for a term not exceeding two years or to a fine, or to both.

(10) Section 52 of the 1974 Act (meaning of “work” and related expressions) applies for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.

Textual Amendments

F1 Words in Sch. 3 para. 11 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 3(s)(vii)

Commencement Information

I1 Sch. 3 para. 11 in force at 1.4.2006 by S.I. 2006/266, art. 2(2), Sch.