Part 1

Investigation of Railway Accidents

Investigation by Branch

Regulations
9
1
The Secretary of State may make regulations about the conduct of investigations by the Rail Accident Investigation Branch; in particular, the regulations may—
a
confer a function on the Chief Inspector of Rail Accidents or on the Branch;
b
make provision about the way in which a function of the Chief Inspector or the Branch is to be performed;
c
permit or require the Chief Inspector to appoint a person to conduct or participate in an investigation;
d
provide for a power of an inspector to be exercisable by a person conducting or participating in an investigation by virtue of paragraph (c);
e
permit or require the Chief Inspector to request assistance from another person;
f
permit or require another person to assist the Chief Inspector.
2
The regulations may make provision about the preparation, form, content and publication of a report made by the Branch under section 7; in particular, the regulations may—
a
require a report to address the question of what caused an accident or incident;
b
require or permit a report to make, or not to make, a recommendation;
c
require or permit the preparation and publication by the Branch of an interim report;
d
require the Branch to give an opportunity to a person interested in an investigation to comment on a draft report or draft interim report;
e
require the Branch to notify a person of the content of a report or interim report before publication;
f
require the Branch to give a copy of a report or interim report to a person;
g
make provision about the timing of publication.
3
A reference to a report by the Branch in section 7 includes a reference to an interim report permitted or required by virtue of subsection (2) above.
4
The Secretary of State may make regulations about the use, disclosure and destruction of information acquired by the Branch; in particular, the regulations may—
a
prohibit the disclosure of information in specified circumstances;
b
permit the disclosure of information in specified circumstances;
c
require the disclosure of information in specified circumstances;
d
make provision by reference to whether or not a person consents to a disclosure which relates to him.
5
Regulations under this section may—
a
create an offence (but not an offence punishable by imprisonment);
b
confer a discretionary function;
c
confer jurisdiction on a court or tribunal.
S. 9 in force at 17.10.2005 by S.I. 2005/1991, art. 2(1)(2)(ix)
Pt. 1 modified (17.10.2005 for specified purposes, 31.1.2006 for specified purposes) by Railways (Accident Investigation and Reporting) Regulations 2005 (S.I. 2005/1992), regs. 1(2), 3(3), 3(2)(3)(4)