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Railways Act 1993

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121 Security: inspections.E+W+S

(1)For the purpose of enabling the Secretary of State to determine whether to give an instruction to any person, or of ascertaining whether any instruction or enforcement notice is being or has been complied with, a person authorised for the purpose by the Secretary of State in writing (in this section referred to as “an authorised person”) shall have power, on production (if required) of his credentials, to inspect any relevant asset.

(2)An authorised person inspecting a relevant asset under subsection (1) above shall have power—

(a)to subject any property found by him on or in the relevant asset, or any apparatus or equipment installed in the relevant asset, to such tests as he considers necessary for the purpose for which the inspection is carried out;

(b)to take such steps as he considers necessary for that purpose—

(i)to ascertain what practices or procedures are being followed in relation to security; or

(ii)to test the effectiveness of any practice or procedure relating to security; or

(c)to require the owner or operator of the relevant asset to furnish to him such information as the authorised person considers necessary for that purpose;

but nothing in paragraph (a) above shall entitle an authorised person to subject any rolling stock, or any part of any rolling stock, to any test.

(3)An authorised person, for the purpose of exercising any power conferred on him by subsection (1) or (2) above in relation to any relevant asset, shall have power—

(a)to board any rolling stock and to take all such steps as are necessary to ensure that it is not moved; or

(b)to enter any land or other property comprised either in any track or in a network, station or light maintenance depot;

but nothing in this subsection authorises any use of force.

(4)A person is guilty of an offence if he—

(a)intentionally obstructs an authorised person acting in the exercise of any power conferred on him by this section;

(b)fails, without reasonable excuse, to comply with a requirement imposed on him under paragraph (c) of subsection (2) above to furnish information to an authorised person; or

(c)in furnishing any information required under that paragraph, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular.

(5)A person guilty of an offence under subsection (4) above shall be liable—

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

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(6)No proceedings shall be instituted in England and Wales in respect of an offence under subsection (4) above except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

(7)Expressions used in this section and in section 119 or 120 above have the same meaning in this section as they have in that section.

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