Railways and Transport Safety Act 2003

2 Meaning of “railway accident” and “railway incident”

(1) In this Part a reference to a railway accident or railway incident is a reference to an accident or incident which occurs on railway property in so far as it is or may be relevant to the operation of the railway.

(2) The Secretary of State may by regulations—

(a) make provision about what is to be or not to be treated as an accident or incident for the purposes of this Part;

(b) make provision about circumstances in which an accident or incident is to be or not to be treated as being relevant to the operation of a railway for the purposes of this Part;

(c) make provision about when an accident is to be treated as serious for the purposes of this Part.

(3) Regulations under subsection (2) may, in particular, make provision by reference to—

(a) location;

(b) the exercise of a discretion by the Chief Inspector of Rail Accidents or another specified person.

(4) Regulations under subsection (2) making provision about what is to be treated as an incident may, in particular, include an event or omission which does not cause damage or loss but which might cause damage or loss in different circumstances.