Regulation of Railways Act 1871

[F1 7 Inquiry into accidents and formal investigation in serious cases. U.K.

The Board of Trade may direct an inquiry to be made by an inspector into the cause of any [F2 accident or occurrence which arises from the operation of a relevant transport system and which is required to be reported by regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995][F3 accident or occurrence which arises and is required to be reported by regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997]; and where it appears to the Board of Trade, either before or after the commencement of any such inquiry, that a more formal investigation of the accident F4 [F5 or occurrence], and of the causes thereof, and of the circumstances attending the same, is expedient, the Board of Trade may, by order, direct such investigation to be held, and with respect to such investigation the following provisions shall have effect:

(1) The Board of Trade may, by the same or any subsequent order, appoint any person or persons possessing legal or special knowledge to assist an inspector in holding the same, or may direct the county court judge, [F6 District Judge (Magistrates’ Courts), stipendiary magistrate,] or other person or persons named in the same or any subsequent order, to hold the same with the assistance of an inspector or any other assessor or assessors named in the order:

(2) The persons holding any such formal investigation (hereinafter referred to as the court) shall hold the same in open court in such manner and under such conditions as they may think most effectual for ascertaining the causes and circumstances of the accident F4 [F5 or occurrence], and enabling them to make the report in this section mentioned:

(3) The court shall have for the purposes of such investigation all the powers of a court of summary jurisdiction when acting as a court in the exercise of its ordinary jurisdiction, and all the powers of an inspector under this Act, and in addition the following powers; namely,

(a) They may enter and inspect any place or building the entry or inspection whereof appears to them requisite for the said purpose:

(b) They may by summons under their hands require the attendance of all such persons as they think fit to call before them and examine for the said purpose, and may for such purpose require answers or returns to such inquiries as they think fit to make:

(c) They may require and enforce the production of all books, papers, and documents which they consider important for the said purpose:

(d) They may administer an oath, and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination:

(e) Every person so summoned not being a person engaged in the management, service, or employment of a company, or otherwise connected with a company, shall be allowed such expenses as would be allowed to a witness attending on subpoena before a court of record; and in case of dispute as to the amount to be allowed, the same shall be referred by the court to a master of one of the superior courts, who, on request under the hands of the members of the court, shall ascertain and certify the proper amount of such expenses:

(4) The inspector making an inquiry into any accident F4 [F5 or occurrence] and the court holding an investigation of any accident F4 [F5 or occurrence] shall make a report to the Board of Trade stating the causes of the accident F4 [F5 or occurrence] and all the circumstances attending the same, and any observations thereon or on the evidence or on any matters arising out of the investigations which they think right to make to the Board of Trade, and the Board of Trade shall cause every such report to be made public in such manner as they think expedient.]

Textual Amendments

F1 Act repealed (E.W.S.) (10.5.1997) by S.I. 1997/553, reg. 12(1), Sch. Pt. I

F2 Words in s. 7 substituted (E.W.S.) (1.4.1996) by S.I. 1995/3163, reg. 14(2)(b)

F3 Words in s. 7 substituted (N.I.) (2.6.2004) by Reporting of Injuries, Diseases and Dangerous Occurrences (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/196), reg. 3(2)(a)

F4 Words in s. 7 added (N.I.) (2.6.2004) by Reporting of Injuries, Diseases and Dangerous Occurrences (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/196), reg. 3(2)(b)

F5 Words in s. 7 added (E.W.S.) (1.4.1996) by S.I. 1995/3163, reg. 14(2)(c)

F6 Words in s. 7(1) substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 9 (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(a)

Modifications etc. (not altering text)

C1 Expression “company” extended by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 43, 45, Sch. 6 para. 3, Sch. 7 Pt. VI para. 2