The Criminal Justice Act 2003 (New Method of Instituting Proceedings) (Specification of Relevant Prosecutors) Order 2016

Railway operators

6.—(1) For the purpose of prosecuting a railway offence—

(a) a person who is authorised to be the operator of a railway asset by a licence granted in accordance with section 8(1) of the Railways Act 1993(1) (licences); and

(b) a person who is exempt from being so authorised by virtue of section 7(1)(2) of that Act (exemptions from section 6) and has the management of a railway asset for the time being.

(2) In this article—

“the 2005 Act” means the Railways Act 2005(3);

“operator”, in relation to a railway asset, means the person having the management of that railway asset for the time being;

“railway” means a system of transport employing parallel rails which—

(a)

provide support and guidance for vehicles carried on flanged wheels; and

(b)

form a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level),

but does not include a tramway (within the meaning of article 7);

“railway asset” means any train being used on a network, whether for the purpose of carrying passengers or goods by railway or for any other purpose whatsoever; and

“railway offence” means—

(a)

an offence under section 5 of the Tyne and Wear Passenger Transport Act 1979(4) (avoidance of fare);

(b)

an offence contained in bye-laws made under section 46(1) of the 2005 Act(5) (bye-laws);

(c)

an offence contained in bye-laws which continue to have effect by virtue of section 46(4) and paragraph 2 of Part 2 of Schedule 13 to the 2005 Act; and

(d)

an offence contained in bye-laws saved by the Transport Act 2000(6), as defined by section 46(6) of the 2005 Act.

(3) In the definition of railway asset—

“network” means—

(a)

any railway line, or combination of two or more railway lines; and

(b)

any installations associated with any of the track comprised in that line or those lines,

together constituting a system of track and other installations which is used for and in connection with the support, guidance and operation of trains; and

“train” means—

(a)

two or more items of rolling stock coupled together, at least one of which is a locomotive; or

(b)

a locomotive not coupled to any other rolling stock.

(4) In the definition of train—

“locomotive” means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle); and

“rolling stock” means any carriage, wagon or other vehicle used on track and includes a locomotive.

(5) In the definition of “locomotive”, “railway vehicle” includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along track.

(1)

1993 c. 43; section 8(1) was amended by the Transport Act 2000 (c. 38), section 216 and Schedule 17, Part 1, paragraphs 1, 4(1) and (2); the Railways and Transport Safety Act 2003 (c. 20) Schedule 2, Part 1, paragraphs 1 and 3; the Railways Act 2005 (c. 14) sections 1(1), 59(6) and Schedule 1, Part 1, paragraph 3(1) and Schedule 13, Part 1; and S.I. 2015/1682.

(2)

Section 7(1) was amended by the Transport Act 2000, section 216 and Schedule 17, Part 1, paragraphs 1, 2(1) and (2); the Railways and Transport Safety Act 2003, Schedule 2, Part 1, paragraphs 1 and 3; the Railways Act 2005, section 1(1), 59(6) and Schedule 1, Part 1, paragraphs 1(1)(a) and Schedule 13, Part 1; and S.I. 2015/1682.

(3)

2005 c. 14.

(4)

1979 c. i.

(5)

2005 c. 14; section 46 was amended by S.I. 2005/3050.

(6)

2000 c. 38.