PART I continued
(1)An inspector, if authorised in that behalf by the enforcing authority which appointed him, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under any of the relevant statutory provisions.
(2)This section shall not apply to Scotland.
C1S. 39 applied by S.I. 1989/840, arts. 2-10
S. 39 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 39 extended (E.W.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 39 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 39: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(i), 5 (with s. 3(5))
S. 39 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17 S. 39 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
S. 39 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 39 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2S. 39 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
C3Ss. 35-39 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)_
C4Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)
C5Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
C6S. 39 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C7S. 39 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
S. 39 applied (E.W.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
S. 39 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C8S. 39 applied (with modifications) (E.W.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); ss. 39 applied (with modifications) (E.W.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 39 applied (E.W.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 39 applied (E.W.) (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
C9Ss. 37-41 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.
C1S. 40 applied by S.I. 1989/840, arts. 2-10
S. 40 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 40: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(j), 5 (with s. 3(5))
S. 40 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 40 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)
C3Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
C4Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C5S. 40 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); s. 40 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 40 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 40 applied (E.W.S.) (2.4.2006) by S.I. 2006/397, reg. 34(3)(c)
C6Ss. 37-41 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
(1)Where an entry is required by any of the relevant statutory provisions to be made in any register or other record, the entry, if made, shall, as against the person by or on whose behalf it was made, be admissible as evidence or in Scotland sufficient evidence of the facts stated therein.
(2)Where an entry which is so required to be so made with respect to the observance of any of the relevant statutory provisions has not been made, that fact shall be admissible as evidence or in Scotland sufficient evidence that that provision has not been observed.
C1S. 41 applied by S.I. 1989/840, arts. 2-10
S. 41: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(j), 5 (with s. 3(5))
S. 41 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 41 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
S. 41 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 41 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2S. 41 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
C3S. 41 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a).
C4Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)
C5Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
C6S. 41 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C7Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C8S. 41 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); s. 41 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 41 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 41 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
C9Ss. 37-41 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
(1)Where a person is convicted of an offence under any of the relevant statutory provisions in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him. within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters.
(2)The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this subsection, as the case may be.
(3)Where a person is ordered under subsection (1) above to remedy any matters, that person shall not be liable under any of the relevant statutory provisions in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under subsection (2) above.
(4)Subject to the following subsection, the court by or before which a person is convicted of an offence such as is mentioned in section 33(4)(c) in respect of any such explosive article or substance as is there mentioned may order the article or substance in question to be forfeited and either destroyed or dealt with in such other manner as the court may order.
(5)The court shall not order anything to be forfeited under the preceding subsection where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.
C1S. 42 applied by S.I. 1989/840, arts. 2-10
S. 42 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 42 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 42: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(k), 5 (with s. 3(5))
S. 42 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 42 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
S. 42 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 42 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2S. 42 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
C3S. 42 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a).
C4Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)
C5Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
C6S. 42 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C7Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C8S. 42 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3); s. 42 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); ss. 37-42 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 42 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 42 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
C9S. 42(1) extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
C10S. 42(1)-(3) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C11S. 42(2) extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
C12S. 42(1)-(3) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C13S. 42(3) extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
C14S. 42(1)-(3) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
(1)It shall be the duty of the Secretary of State to pay to the Commission such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling the Commission to perform its functions; and it shall be the duty of the Commission to pay to the Executive such sums as the Commission considers appropriate for the purpose of enabling the Executive to perform its functions.
(2)Regulations may provide for such fees as may be fixed by or determined under the regulations to be payable for or in connection with the performance by or on behalf of any authority to which this subsection applies of any function conferred on that authority by or under any of the relevant statutory provisions.
(3)Subsection (2) above applies to the following authorities, namely the Commission, the Executive, the Secretary of State, . . . F1, every enforcing authority, and any other person on whom any function is conferred by or under any of the relevant statutory provisions.
(4)Regulations under this section may specify the person by whom any fee payable under the regulations is to be paid; but no such fee shall be made payable by a person in any of the following capacities, namely an employee, a person seeking employment, a person training for employment, and a person seeking training for employment.
(5)Without prejudice to section 82(3), regulations under this section may fix or provide for the determination of different fees in relation to different functions, or in relation to the same function in different circumstances.
[F2(6)The power to make regulations under this section shall be exercisable by the Secretary of State F3. . ..]
(8)In subsection (4) above the references to a person training for employment and a person seeking training for employment shall include respectively a person attending an industrial rehabilitation course provided by virtue of the M1Employment and TrainingAct 1973 and a person seeking to attend such a course.
(9)For the purposes of this section the performance by an inspector of his functions shall be treated as the performance by the enforcing authority which appointed him of functions conferred on that authority by or under any of the relevant statutory provisions.
F1Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18
F2S. 43(6) substituted for s. 43(6)(7) by Employment Protection Act 1975 (c. 71), Sch. 15 para. 12
F3Words in s. 43(6) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. (with art. 6)
C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10
C2Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
M11973 c. 50.
(1)The Secretary of State may make regulations requiring persons who provide railway services to pay railway safety levy.
(2)Railway safety levy shall be applied only for the purpose of meeting expenses incurred—
[F2(a)in respect of activities undertaken by the Office of Rail Regulation under or by virtue of this Act or Schedule 3 to the Railways Act 2005; or
(b)in respect of activities in relation to a transport system falling within paragraph 1(3) of that Schedule that are undertaken by that Office under or by virtue of any other enactment.]
(3)The railway safety levy shall not be used to meet—
(a)an expense in respect of which a fee is payable under regulations made under section 43, or
(b)an expense in respect of a matter specified by the regulations for the purpose of this paragraph.
(4)Where an expense is incurred partly in respect of activity within subsection (2)(a) or (b) and partly in respect of other activity, the railway safety levy may be used to meet a part of that expense which is reasonably referable to activity within subsection (2)(a) or (b).
(5)Regulations under subsection (1) may, in particular, determine or enable the [F3Office of Rail Regulation] to determine—
(a)the total amount of the railway safety levy to be imposed in respect of a specified period;
(b)the persons by whom the levy is to be paid;
(c)the criteria for assessing the proportion of the levy to be paid by a particular person (which may, in particular, refer to the size of a person’s income or provide for an amount to be reduced or waived in specified circumstances);
(d)the periods in respect of which the levy is to be paid;
(e)the manner in which the levy is to be paid;
(f)the person to whom the levy is to be paid;
(g)when the levy is to be paid.
(6)Regulations under subsection (1) may, in particular, enable the [F3Office of Rail Regulation—
(a)to require a person who provides railway services to supply information for the purposes of the consideration of a matter specified in subsection (5);
(b)where information requested is not supplied, to make assumptions;
(c)to revise a determination of a matter specified in subsection (5)(whether before, during or after the period to which it relates);
(d)to make refunds.
(7)Regulations by virtue of subsection (6)(a) may, in particular, make provision—
(a)about the manner and timing of the supply of information;
(b)about certification of the accuracy of information supplied;
(c)creating a criminal offence in connection with the supply of inaccurate or misleading information (but not an offence punishable with imprisonment).
(8)Regulations under subsection (1) may enable payment to be enforced by civil proceeding.
(9)For the purposes of this section a person provides railway services if he manages or controls, or participates in managing or controlling, a transport system [F4falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005] .
F1S. 43A inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 105(1), 120
F2S. 43A(2)(a)(b) substituted (E.W.S.) (7.2.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 12(2); S.I. 2006/266, art. 2(1)(a)(b)
F3Words in s. 43A(5)(6) substituted (E.W.S.) (7.2.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 12(3); S.I. 2006/266, art. 2(1)(a)(b)
F4Words in s. 43A(9) substituted (E.W.S.) (7.2.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 12(4); S.I. 2006/266, art. 2(1)(a)(b)
C1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
(1)The Secretary of State may make regulations requiring persons who provide railway services to pay railway safety levy.
(2)Railway safety levy shall be applied only for the purpose of meeting expenses incurred—
(a)in respect of activity undertaken by the Executive in reliance on section 117 of the Railways Act 1993 (safety of railways, &c.), or
(b)in respect of activity undertaken by the Executive, under or by virtue of any other enactment, in relation to a transport system to which that section applies.
(3)The railway safety levy shall not be used to meet—
(a)an expense in respect of which a fee is payable under regulations made under section 43, or
(b)an expense in respect of a matter specified by the regulations for the purpose of this paragraph.
(4)Where an expense is incurred partly in respect of activity within subsection (2)(a) or (b) and partly in respect of other activity, the railway safety levy may be used to meet a part of that expense which is reasonably referable to activity within subsection (2)(a) or (b).
(5)Regulations under subsection (1) may, in particular, determine or enable the Commission or the Executive to determine—
(a)the total amount of the railway safety levy to be imposed in respect of a specified period;
(b)the persons by whom the levy is to be paid;
(c)the criteria for assessing the proportion of the levy to be paid by a particular person (which may, in particular, refer to the size of a person’s income or provide for an amount to be reduced or waived in specified circumstances);
(d)the periods in respect of which the levy is to be paid;
(e)the manner in which the levy is to be paid;
(f)the person to whom the levy is to be paid;
(g)when the levy is to be paid.
(6)Regulations under subsection (1) may, in particular, enable the Commission or the Executive—
(a)to require a person who provides railway services to supply information for the purposes of the consideration of a matter specified in subsection (5);
(b)where information requested is not supplied, to make assumptions;
(c)to revise a determination of a matter specified in subsection (5)(whether before, during or after the period to which it relates);
(d)to make refunds.
(7)Regulations by virtue of subsection (6)(a) may, in particular, make provision—
(a)about the manner and timing of the supply of information;
(b)about certification of the accuracy of information supplied;
(c)creating a criminal offence in connection with the supply of inaccurate or misleading information (but not an offence punishable with imprisonment).
(8)Regulations under subsection (1) may enable payment to be enforced by civil proceeding.
(9)For the purposes of this section a person provides railway services if he manages or controls, or participates in managing or controlling, a transport system to which section 117 of the Railways Act 1993 applies.]
E1This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
(1)Any person who is aggrieved by a decision of an authority having power to issue licences (other than . . . F1 nuclear site licences) under any of the relevant statutory provisions—
(a)refusing to issue him a licence, to renew a licence held by him, or to transfer to him a licence held by another;
(b)issuing him a licence on or subject to any term, condition or restriction whereby he is aggrieved;
(c)varying or refusing to vary any term, condition or restriction on or subject to which a licence is held by him; or
(d)revoking a licence held by him,
may appeal to the Secretary of State.
(2)The Secretary of State may, in such cases as he considers it appropriate to do so, having regard to the nature of the questions which appear to him to arise, direct that an appeal under this section shall be determined on his behalf by a person appointed by him for that purpose.
(3)Before the determination of an appeal the Secretary of State shall ask the appellant and the authority against whose decision the appeal is brought whether they wish to appear and be heard on the appeal and—
(a)the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid;
(b)the Secretary of State shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.
(4)The Tribunals and Inquiries Act [F21992] shall apply to a hearing held by a person appointed in pursuance of subsection (2) above to determine an appeal as it applies to a statutory inquiry held by the Secretary of State, but as if in [F2section 10(1)] of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State included a reference to a decision taken on his behalf by that person.
[F3(4A)A hearing held by a person appointed in pursuance of subsection (2) above shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).]
(5)A person who determines an appeal under this section on behalf of the Secretary of State and the Secretary of State, if he determines such an appeal, may give such directions as he considers appropriate to give effect to his determination.
(6)The Secretary of State may pay to any person appointed to hear or determine an appeal under this section on his behalf such remuneration and allowances as the Secretary of State may with the approval of the Minister for the Civil Service determine.
(7)In this section—
(a)“licence” means a licence under any of the relevant statutory provisions other than [F4a nuclear site licence];
(b)“nuclear site licence” means a licence to use a site for the purpose of installing or operating a nuclear installation within the meaning of the following subsection.
(8)For the purposes of the preceding subsection “nuclear installation” means—
(a)a nuclear reactor (other than such a reactor comprised in a means of transport, whether by land, water or air); or
(b)any other installation of such class or description as may be prescribed for the purposes of this paragraph or section 1(1)(b) of the M1Nuclear Installations Act 1965 being an installation designed or adapted for—
(i)the production or use of atomic energy; or
(ii)the carrying out of any process which is preparatory or ancillary to the production or use of atomic energy and which involves or is capable of causing the emission of ionising radiations; or
(iii)the storage, processing or disposal of nuclear fuel or of bulk quantities of other radioactive matter, being matter which has been produced or irradiated in the course of the production or use of nuclear fuel;
and in this subsection—