Railway Safety Act 2005

• (12) Without prejudice to the generality of subsection (11), and subject to subsection (9), it shall be the objective of the Commission to ensure that it issues a notice under subsection (2) or a communication under subsection (4) within—

• (a) 28 days, beginning on the date of receipt by the Commission of a new works assessment or a revised new works assessment or receipt of all information or clarifications requested under subsection (13), or

• (b) such other period as the Minister may specify by order, after consultation with the Commission and F44[railway organisation]s.

• (13) The Commission may, for the purpose of carrying out its functions under this section, request any additional information or clarifications from a F44[railway organisation] and the undertaking shall comply with such a request.

• (14) A F44[railway organisation] which does not comply with this section is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000, or

• (b) on conviction on indictment, to a fine not exceeding €500,000.

• (15) In this section, “new works” means new or material changes to railway infrastructure of operational significance, including, for the avoidance of doubt, railway lines or additions to existing railway lines, bridges and structures, stations or other buildings required to operate or maintain railways, level crossings and signalling systems or such other works as may, by order, be specified by the Minister, after consultation with the Commission and F44[railway organisation]s.

• (16) Where a F44[railway organisation] proposes to replace the gates at a specific level crossing with barriers, lights or other automatic devices or appliances, and

• (a) it has submitted a new works assessment in respect of those works which has been accepted by the Commission under subsection (4), or

• (b) where the Commission has given a generic or specific exemption under subsection (7) in respect of such works,

any obligations to make or maintain gates at that crossing do not apply.

• (17) Subject to subsection (18), section 23 of the Transport (Miscellaneous Provisions) Act 1971 applies to works under subsection (16) as if those works had been required by an order under section 22 of that Act.

• (18) Subsection (17) does not apply to a level crossing to which section 47 of the Railway Clauses Consolidation Act 1845 or section 6 of the Railway Clauses Act 1863 applies.

43. Safety assessment of new rolling stock.

43.—(1) A F46[railway organisation] shall not bring into operation new rolling stock unless—

• (a) it has submitted a safety assessment (referred to in this section as a “new rolling stock assessment”) to the Commission containing such information—

• (i) as it considers appropriate to demonstrate to the satisfaction of the Commission the safety of the new rolling stock, or

• (ii) as the Commission may set out in guidelines published in accordance with section 39(4),

and

• (b) the Commission has issued a communication under subsection (4).

• (2) Where the Commission considers that the information provided in the new rolling stock assessment is not adequate or that the bringing into operation of the new rolling stock does not provide reasonable assurance of safety, the Commission shall serve a written notice to that effect on the F46[railway organisation] and that notice shall set out the reasons for the Commission's decision to serve the notice.

• (3) A F46[railway organisation] in receipt of a notice under subsection (2) may submit a revised new rolling stock assessment which addresses the matters raised in such notice.

• (4) Where the Commission is satisfied as to the safety of the new rolling stock on the basis of the information contained in a new rolling stock assessment or a revised new rolling stock assessment under subsection (3), the Commission shall communicate in writing its acceptance of the new rolling stock assessment to the F46[railway organisation].

• (5) A F46[railway organisation] shall, within 21 days of receipt of a communication under subsection (4), amend the F46[safety management document] to reflect the implications of the new rolling stock assessment.

• (6) The Commission may at its discretion give a general or specific exemption from the requirements of this section where, in the opinion of the Commission, the new rolling stock is similar in nature to rolling stock of the F46[railway organisation] which is already in operation and where the F46[safety management document] of the F46[railway organisation] would not require revision when the new rolling stock is being brought into operation.

• (7) A F46[railway organisation] shall not commence commissioning of new rolling stock until—

• (a) it has provided such information to the Commission, as may be specified by the Commission in any individual case, that, for the purposes of commissioning, demonstrates to the satisfaction of the Commission—

• (i) the safety and suitability for purpose of the rolling stock, and

• (ii) the adequacy of the systems and procedures to ensure safety of persons,

and

• (b) the Commission has given its consent to such commissioning.

• (8) The Commission may, where it considers it appropriate to do so, direct a F46[railway organisation] to engage a suitably qualified person to independently assess a new rolling stock assessment or a revised rolling stock assessment and the report of such person shall be submitted to the Commission at the same time as the submission under subsection (1) or subsection (3).

• (9) Where a F46[railway organisation] has altered its new rolling stock assessment on the basis of the report of a person engaged in accordance with subsection (8), a statement of the actions taken by the F46[railway organisation] in response to the report, together with the report of the person and the new rolling stock assessment as amended, shall be submitted to the Commission.

• (10) It shall be the duty of the Commission to ensure that it carries out its functions under this section as expeditiously as may be, and for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in its performance of its functions under this section.

• (11) Without prejudice to the generality of subsection (10), and subject to subsection (8), it shall be the objective of the Commission to ensure that it issues a notice under subsection (2) or a communication under subsection (4) within—

• (a) 28 days, beginning on the date of receipt by the Commission of a new rolling stock assessment or a revised new rolling stock assessment or receipt of all information or clarifications requested under subsection (12), or

• (b) such other period as the Minister may specify by order, after consultation with the Commission and F46[railway organisation].

• (12) The Commission may, for the purpose of carrying out its functions under this section, request any additional information or clarifications from a F46[railway organisation] and the undertaking shall comply with such a request.

• (13) A F46[railway organisation] which does not comply with this section is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000, or

• (b) on conviction on indictment, to a fine not exceeding €500,000.

• (14) In this section, “new rolling stock” includes material alterations to existing rolling stock of a F46[railway organisation] and rolling stock which may have been in prior use but was not previously operated on the railway infrastructure of the relevant F46[railway organisation].

• (15) F47[…]

43A. F48[Placing in service rolling stock authorised in another Member State.

43A.—F49[…]]

43B. F50[Maintenance of vehicles.

43B.—F51[…]]

43C. F52[Certain certificates to be valid in State

43C.—F53[…]]

44. Transfer of ownership.

44.—(1) Where ownership of a F54[railway organisation] or a right to operate a railway is proposed to be transferred from one F54[railway organisation] to another F54[railway organisation], the latter undertaking shall immediately notify the Commission in writing of the proposed transfer and provide details of the proposed ownership and organisational structure to the Commission together with a statement specifying the principal changes which it intends to make to the F55[safety management document] of the first-mentioned undertaking.

• (2) A F54[railway organisation] to which ownership of another F54[railway organisation] or rights to operate a railway has transferred shall, within a period of 3 months of such transfer or such other period exceeding 3 months as may be specified by the Commission in any particular case, submit a new F55[safety management document] in accordance with section 39.

• (3) In the period between the date of such transfer referred to in subsection (2) and the acceptance of the new F55[safety management document] by the Commission, the F54[railway organisation] to which ownership or rights has transferred shall, in respect of the assets or rights transferred and where it continues to operate the railway services or infrastructure transferred, ensure compliance with the statement under subsection (1) and with the F55[safety management document] of the first-mentioned F54[railway organisation] in so far as it has not been changed:

Provided that—

• (a) the F54[railway organisation] to which the ownership or rights has transferred complies with its general duty under section 36,

• (b) the Commission has in the circumstances given its approval to the continued operation of the railway services or infrastructure, and

• (c) the F54[railway organisation] complies with any directions given in writing by the Commission.

• (4) A F54[railway organisation] from which ownership or rights are transferring shall provide its F55[safety management document] and all other relevant information to the new F54[railway organisation] to enable the new F54[railway organisation] to comply with this section.

• (5) Where a F54[railway organisation] fails to comply with this section, the Commission may give a direction to it to comply with this section.

• (6) Where the Commission proposes to give a direction under this section, it shall notify the F54[railway organisation] concerned of the proposal and the F54[railway organisation] may, within 21 days of the notification, make representations to the Commission, which shall consider them.

• (7) Where the Commission decides to give a direction under this section, the F54[railway organisation] concerned may, within 21 days of notification of the decision, appeal to the High Court and the direction shall not take effect until the time allowed for such appeal has elapsed and, in the event of an appeal, until the appeal is determined or withdrawn.

• (8) On hearing an appeal under subsection (7), the court may either confirm or vary the decision of the Commission or allow the appeal.

• (9) A decision of the High Court on an appeal under subsection (7) shall be final, save that, by leave of the court, an appeal from the decision shall be to the Supreme Court on a specified point of law.

• (10) A F54[railway organisation] which fails to comply with a direction under subsection (5) is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000, or

• (b) on conviction on indictment, to a fine not exceeding €500,000.

45. Submission and assessment of F56[safety management document].

45.—(1) A F56[safety management document] prepared by a F57[railway organisation] which operates a railway immediately before the commencement of this section shall be submitted to the Commission by the F57[railway organisation] not later than 6 months after the commencement of this section.

• (2) A F57[railway organisation] shall, before it submits a F56[safety management document] to the Commission, engage a suitably qualified person to independently assess the safety management system described in such F56[safety management document] and the report of such person shall be submitted to the Commission at the same time as the F56[safety management document]

• (3) Where a F57[railway organisation] has altered its safety management system on the basis of the report of a person engaged in accordance with subsection (2), the F56[safety management document] shall be amended as appropriate and a statement of the actions taken by the F57[railway organisation] in response to the report, together with the report of the assessment and the F56[safety management document] as amended, shall be submitted to the Commission.

• F58[(4) A railway organisation shall not operate railway infrastructure or railway services unless it has received notification from the Commission of its acceptance of the relevant safety management document and been issued with a safety management certificate.]

• F59[(4A) F60[…]]

• F61[(5) Subsection (4) does not apply in respect of the periods specified in subsection (1) and sections 44(2) and 46(8).]

• (6) A F57[railway organisation] which does not comply with this section is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000, or

• (b) on conviction on indictment, to a fine not exceeding €500,000.

46. F62[Acceptance of safety management document by Commission

46.— (1)(a) The Commission shall notify a railway organisation of its acceptance of a safety management document by issuing a certificate (“safety management certificate”) to that railway organisation.

• (b) A safety management certificate may be subject to such conditions as may be deemed appropriate by the Commission.

• (c) The form of safety management certificates shall be determined by the Commission.

• (2) The Commission shall only accept a safety management document, or a revised safety management document under section 48, and issue a safety management certificate under subsection (1) where the information contained in the safety management document or in the revised safety management document is sufficient to satisfy the Commission that the railway organisation is capable, subject to any conditions set down for the safety management certificate, of carrying out its operations in compliance with the duty imposed on it under section 36.

• (3) Where the Commission is not satisfied in accordance with subsection (2) with a safety management document or a revised safety management document, the Commission shall, by notice in writing, require the railway organisation concerned to—

• (a) reconsider the information contained in the safety management document or revised safety management document and, if appropriate, re-examine and amend the safety management system described therein, and

• (b) have any changes made by it to the safety management document or revised safety management document examined by a person engaged in accordance with section 45(2) and have a report of the examination prepared by such person.

• (4) A railway organisation in receipt of a notice under subsection (3) or in receipt of a safety management certificate that is subject to conditions in accordance with subsection (1)(b) may re-submit the safety management document or revised safety management document where, in the opinion of the railway organisation—

• (a) in the case of the notice, the issues raised by the Commission in the notice have been addressed, or

• (b) in the case of the safety management certificate that is subject to conditions, the safety management document or revised safety management document has been amended to the extent that the conditions are no longer warranted.

• (5) The Commission, in deciding whether or not to issue a safety management certificate, for the purposes of satisfying itself under subsection (2), may request any additional information or clarifications from a railway organisation and the organisation shall comply with such a request.

• (6) The re-submission of a safety management document in accordance with subsection (4) shall be accompanied by a report prepared under subsection (3)(b).

• (7) In considering a safety management document or a revised safety management document submitted by a railway organisation, the Commission shall, in relation to the adequacy of the safety management system documented therein, have regard to the size and nature of the railway organisation and, in particular—

• (a) the nature, extent and complexity of its railway infrastructure and operations,

• (b) its interaction, if any, with railway infrastructure or trains of other railway organisations or with public roads, and

• (c) the likely consequences for persons of any accident or incident on its railway.

• (8) The Commission shall issue a safety management certificate under subsection (1) or a notice under subsection (3) as soon as practicable after it has completed its assessment but no later than 4 months after the date of receipt of the safety management document or revised safety management document or receipt of all information or clarifications requested under subsection (5).

• (9) The acceptance of a safety management document or a revised safety management document by the Commission and the issuing of a safety management certificate shall not be interpreted as relieving a railway organisation of its duty under section 36.

• (10) The Commission shall—

• (a) refuse to issue a safety management certificate where it is not satisfied in accordance with subsection (2),

• (b) revoke a safety management certificate issued under subsection (1) if the railway organisation which is the holder of the certificate fails to comply with its safety management document and the Commission considers that the railway organisation cannot comply with its duty under section 36, or

• (c) revoke a safety management certificate if the railway organisation has not used it as intended in the year following its issue.

• (11) Where the Commission proposes to refuse or revoke a safety management certificate in accordance with subsection (10), it shall notify the railway organisation concerned of the proposal and the railway organisation may, within 21 days of the date of the service of notification, make representations to the Commission, which shall consider them.

• (12) Where the Commission decides to refuse a safety management certificate, or revoke the safety management certificate issued by it, the Commission shall inform the railway organisation concerned of its decision and the railway organisation may, not later than 14 days of the date of the service of the notice giving the decision appeal the decision to the High Court. The refusal or revocation does not take effect until the time allowed for an appeal has elapsed, and, in the case of an appeal, until either the appeal is withdrawn or the decision to refuse the safety management certificate or to revoke the safety management certificate is confirmed (with or without modification).

• (13) The High Court may either allow the appeal or confirm the decision (with or without modification).

• (14) The decision of the High Court on an appeal under subsection (12) is final, except by leave of the Court an appeal on a specified point of law lies to the Supreme Court.

(15)(a) A safety management certificate remains in force until—

• (i) it is revoked by the Commission under subsection (10)(b),

• (ii) it is replaced by a new certificate, or

• (iii) it becomes invalid.

• (b) A safety management certificate is valid for a period not exceeding 5 years from the date of its issue. It may be renewed upon application by the railway organisation concerned as if for a new certificate.

• (c) The Commission may require that a safety management certificate be updated, in whole or in part, whenever the type or extent of the operation of the railway organisation is substantially altered, or following legislative regulatory change.

• (d) The holder of a safety management certificate shall without delay inform the Commission of all major changes in the conditions of the safety management certificate, and shall notify the Commission whenever new categories of staff or new types of rolling stock are introduced.

• (16) Railway organisations shall be responsible for the level of training and qualifications of their staff carrying out safety-related work as set out in the safety management system.]

46A. Access to training facilities

F63[46A.—F64[…]]

47. Compliance with F65[safety management document].

47.—(1) A F66[railway organisation] shall implement the safety management system described in its F65[safety management document] as accepted by the Commission under section 46.

• (2) A F66[railway organisation] which does not comply with this section is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000, or

• (b) on conviction on indictment, to a fine not exceeding €500,000.

48. Revision of F67[safety management document].

48.—(1) A F68[railway organisation] shall revise its F67[safety management document] (“revised F67[safety management document]”) in circumstances where—

• (a) the F68[railway organisation] considers it appropriate to do so,

• (b) new works or new rolling stock are accepted by the Commission in accordance with section 42(6) or 43(5), or

• (c) the Commission issues a notice in writing to the F68[railway organisation] requiring it to do so.

• (2) Where a revised F67[safety management document] is proposed under paragraph (a) or (c) of subsection (1) and where the revision will materially alter the F67[safety management document] previously accepted by the Commission, the relevant F68[railway organisation] shall submit the proposed revision to the Commission, together with a report prepared by a person engaged in accordance with section 45(2) and the revision shall not be made unless it has been accepted by the Commission in accordance with section 46.

• (3) Notwithstanding subsection (2), a F68[railway organisation] may revise its F67[safety management document] without the prior acceptance of the Commission in circumstances where not to do so may result in the F68[railway organisation] being in contravention of its duty under section 36.

• (4) Where a F68[railway organisation] revises its F67[safety management document] in accordance with subsection (3), it shall immediately notify the Commission of such revision, stating the circumstances that give rise to the revision and the reasons why prior submission to the Commission could not be made and, as soon as practicable thereafter, submit the revised F67[safety management document] to the Commission, together with a report prepared by a person engaged in accordance with section 45(2).

• (5) A F68[railway organisation] which does not comply with a requirement of this section is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000, or

• (b) on conviction on indictment, to a fine not exceeding €500,000.

49. Appointment of independent persons for assessments and audits.

49.—(1) The Commission shall, as soon as practicable after the establishment day, prepare and publish guidelines on the nature of the independence deemed appropriate by the Commission for the purposes of this section and shall on request, in so far as is reasonably practicable, provide guidance in individual cases to persons in relation to the appropriateness of their expertise and independence.

• (2) The Commission shall establish and maintain a register (in this section referred to as a “register”) of persons who in the opinion of the Commission are qualified persons and the Commission shall make the register available to all F69[railway organisation]s.

• (3) A person who is of the opinion that he or she is a qualified person for the purpose of subsection (2) may apply to the Commission to be placed on the register and an application under this section shall contain such information as may be specified by the Commission from time to time.

• (4) The Commission shall review the register from time to time to confirm if the persons named therein remain qualified persons for the purposes of this section and such persons shall provide, on request from the Commission in writing, all relevant information required by the Commission for the purposes of the review.

• (5) Where the Commission is of the reasonable opinion that a person who has made an application under subsection (3) or who has provided information under subsection (4) is not, on the basis of such application or information, a qualified person for the purposes of this section, the Commission shall notify the person in writing of its opinion and the reasons for such opinion.

• (6) A person who fails to provide information on receipt of a request from the Commission under subsection (4) may be removed by the Commission from the register and, where the Commission proposes to do so, it shall issue a notification under subsection (5).

• (7) A person who receives a notification under subsection (5) may, within a period of 21 days from the date of the notification, make representations to the Commission on the notification.

• (8) Where representations are submitted to the Commission in accordance with subsection (7), the Commission shall consider the representations and—

• (a) if it is satisfied that the person is a qualified person, shall include or, as the case may be, retain the name of the person on the register, or

• (b) if it is not satisfied that the person is a qualified person, shall refuse to include or, as the case may be, refuse to retain the name of the person on the register,

and the person shall be notified in writing of the decision of the Commission within 14 days of the receipt of the submission.

• F70[(9) Where a railway organisation proposes to appoint a suitably qualified person for the purposes of section 42(9), 43(8), 45(2), 46(3)(b), 50(1) or 50(6), the railway organisation shall notify the Commission in writing of the proposal not later than 21 days in advance of the proposed appointment date.]

• (10) A notification under subsection (9) shall include—

• (a) the name of the person proposed for conducting the assessment or audit, and details of his or her employer,

• (b) where a person is not listed in the register, details of the expertise of the person concerned,

• (c) any current or previous relationships between the F69[railway organisation] and the said person, or between the F69[railway organisation] and the employers of such person, and

• (d) a statement from the F69[railway organisation] that, in the opinion of the F69[railway organisation], the person—

• (i) is independent of the F69[railway organisation] having regard to the guidelines published by the Commission under subsection (1), and

• (ii) has appropriate expertise for the purposes of carrying out an appropriate assessment or audit.

• (11) Where, on receipt of a notification under subsection (9), the Commission is not satisfied as to the expertise or independence of the proposed person, the Commission shall communicate this, and the grounds for same, in writing to the F69[railway organisation] within 14 days of receipt of the said notification.

• (12) On receipt of a communication under subsection (11), a F69[railway organisation] may, within a period of 21 days from the date of the communication, submit observations to the Commission on the communication.

• (13) Where observations are submitted to the Commission in accordance with subsection (12), the Commission shall consider the submission and, having regard to the observations contained therein, shall within 14 days of the receipt of the submission communicate in writing to the F69[railway organisation] that—

• (a) it is satisfied as to the expertise and independence of the person or persons being proposed by the F69[railway organisation], or

• (b) it is not satisfied as to the expertise and independence of the person or persons being proposed by the F69[railway organisation].

• (14) A person in respect of whom a communication is issued by the Commission under subsection (13)(b) shall not be considered to be a suitably qualified person for the purposes of this Act.

• (15) A F69[railway organisation] which appoints a suitably qualified person under this section shall bear responsibility in all aspects for the appointment and the remuneration of such a person.

• (16) Notwithstanding subsection (15) insofar as it relates to remuneration, in the case of a heritage railway the Commission may, with the consent of the Minister and the Minister for Finance and if it deems it appropriate to do so, agree to be responsible for the remuneration of the suitably qualified person and, where it gives its agreement to do so, may charge a fee to the heritage railway to offset in part the level of such remuneration and the level of the fee shall be decided by the Commission.

• (17) Where the Commission proposes to be responsible for the remuneration of the suitably qualified person, it shall, before giving its final agreement to do so, be of the opinion that the scale of the remuneration required is appropriate and a heritage railway shall provide all necessary information to the Commission to enable it to reach an opinion.

• (18) In this section—

“qualified person” means an individual who, in the opinion of the Commission, has appropriate expertise of railway operations or of a particular class or aspect of railway operations or other expertise relevant to safety management systems or aspects thereof; and

“suitably qualified person” means a qualified person who, having regard to guidelines published by the Commission, is sufficiently independent of F69[railway organisation]s or of a particular class of F69[railway organisation] or of a particular F69[railway organisation].

50. Safety audits.

50.—(1) A F71[railway organisation] shall ensure that its safety management system, as described in its F72[safety management document], is independently audited by a suitably qualified person not later than the fourth anniversary of its acceptance by the Commission and not later than each subsequent period of 4 years thereafter or such other lesser period as may be specified from time to time by the Commission, having regard in particular to F71[railway organisation]s who are parties to an agreement under section 40.

• (2) The objectives of an audit under subsection (1) shall, at minimum, be—

• (a) to confirm the adequacy and scope of the safety management system,

• (b) to confirm that the F72[safety management document] accurately reflects the safety management system,

• (c) to confirm compliance by a F71[railway organisation] with its F72[safety management document], and

• (d) to make recommendations, if any, for such improvements to the safety management system as the suitably qualified person deems appropriate in light of national or international experience and technological development.

• (3) The report of a suitably qualified person appointed under subsection (1) shall be submitted by the F71[railway organisation] to the Commission within such period as may be specified by the Commission.

• (4) The Commission may, where it considers it appropriate to do so upon application by a F71[railway organisation], being—

• (a) a heritage railway, or

• (b) a F71[railway organisation], other than a F71[railway organisation] used for the purposes of fare-paying passengers or for fee-paying members or the conveyance of merchandise for monetary gain,

grant an exemption or derogation from the requirements of subsection (1) to such F71[railway organisation] on such terms and conditions as it deems appropriate.

• (5) In considering an application made by a F71[railway organisation] under subsection (4), the Commission shall have regard to—

• (a) the nature, extent and complexity of its railway infrastructure and operations,

• (b) its interaction, if any, with railway infrastructure or trains of other F71[railway organisation]s or with public roads,

• (c) the likely consequences for persons of any incident on its railway, and

• (d) the time elapsed since any previous safety audit was undertaken and the findings of such audit.

• (6) Where the Commission considers that a potential danger may exist in any particular situation, it may undertake, or direct by notice in writing the relevant F71[railway organisation] to engage a suitably qualified person to undertake, an independent safety audit of the particular matter that gives rise to potential danger.

• (7) The Commission may at any time undertake, or appoint a suitably qualified person to undertake on its behalf, an audit of all or any part of the safety management system and F72[safety management document] of a F71[railway organisation].

• (8) A person appointed by the Commission under subsection (7) shall, for the duration for which he or she stands engaged, have the same powers as an inspector in respect of the F71[railway organisation] concerned.

• (9) A F71[railway organisation] shall maintain sufficient records relating to all aspects of its safety management system for the purposes of demonstrating that it is conducting its activities in compliance with its safety management system.

• (10) The Commission may make regulations specifying the minimum requirements for the auditing of F72[safety management document]s and a suitably qualified person referred to in section 49 shall comply with such regulations.

• (11) A F71[railway organisation] which fails to comply with this section is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000, or

• (b) on conviction on indictment, to a fine not exceeding €60,000.

50A. Safety rules

F73[50A.— F74[…]]

50B. F75[Qualification

50B.—F76[…]]

PART 5 Reporting and Investigation of Railway Incidents

51. “railway incident”.

51.—F77[…]

52. Reportable railway incidents.

52.—F78[…]

53. Investigations by F79[railway organisation]s.

53.—(1) It shall be a duty of a F79[railway organisation] to carry out an investigation into a reportable F80[accident] F81[or incident] in order to establish the cause of such incident and to assess what, if any, action can be taken by the F79[railway organisation] to avoid F80[accident]s in the future or otherwise for the improvement of railway safety.

• (2) For the purposes of carrying out an investigation under subsection (1), a F79[railway organisation] may interview any member of its staff or any other person engaged by it who, in the reasonable view of the undertaking, may be able to assist the undertaking in its investigations.

• (3) A person who is being interviewed under subsection (2) may, if he or she requests, be accompanied—

• (a) where the person is a member of the staff of the F79[railway organisation], by one other member of the staff,

• (b) where the person is a member of the staff of another person engaged by the undertaking, by one other member of that staff,

• (c) by one person from an organisation which represents, as the case may be, the staff of the undertaking or the person engaged by the undertaking, or

• (d) at his or her own expense, by a legal or other adviser.

• (4) A member of staff of a F79[railway organisation] or any other person engaged by a F79[railway organisation] shall, where requested by the F79[railway organisation] to do so, provide all reasonable assistance and in particular any relevant information that may be known to him or her, to enable the F79[railway organisation] to establish the cause or causes of the F80[accident] F81[or incident].

• (5) If a member of staff of, or other person engaged by, a F79[railway organisation] objects to a question asked of him or her in accordance with subsection (4) on the grounds that the answer might tend to incriminate the person or make the person liable to a penalty and the person is informed of his or her obligation to answer the question, the person shall not refuse to answer the question but the answer given on that occasion shall not be admissible as evidence in criminal or other proceedings against the person other than proceedings against him or her in respect of the falsity of the answer or the failure to answer the question.

• (6) A F79[railway organisation] shall in an expeditious manner carry out an investigation under subsection (1) and shall, as soon as practicable but in any event not later than 6 months after the date of the incident, prepare a report on its findings.

• (7) Where the F79[railway organisation] is of the opinion that the report cannot be completed within the period specified in subsection (6), the F79[railway organisation] shall notify the Commission together with its reasons for reaching such opinion and shall provide an indication of the revised period for the completion of the report.

• (8) The Commission may, where it deems it appropriate to do so, by notice in writing to a F79[railway organisation], request an interim report on an investigation under subsection (1) and a F79[railway organisation] shall provide such interim report within such period as may be specified in the notice.

• (9) A report prepared under this section shall be in such form and contain such particulars as may, from time to time, be specified by the Commission but shall, in the case of a report under subsection (6), at minimum include full particulars of the incident, the cause or causes of same in so far as can be established and, where appropriate, recommendations to be adopted by the F79[railway organisation] to prevent the occurrence of incidents or otherwise for the improvement of railway safety.

• (10) A report prepared under subsection (6), together with any relevant records gathered in the course of the investigation, shall be retained by a F79[railway organisation] for a period of at least 5 years from the date of completion of the report and the report shall, unless otherwise notified in writing by the Commission in any particular case or any particular types of investigations, be provided to the Commission within 14 days of its completion.

• (11) Where a F80[accident] F81[or incident] is investigated under this section and the incident involves more than one F79[railway organisation], each relevant undertaking shall co-operate in the provision of information and in the conduct of the respective investigations.

• (12) Where, during the course of an investigation under this section or after the completion of such investigation, the F79[railway organisation] responsible for the investigation considers that the cause or likely cause of the incident may have—

• (a) implications for railway safety in general, or

• (b) in a particular case may have implications for the safe operation of another F79[railway organisation],

the F79[railway organisation] shall, at the earliest possible time, notify the Commission and, where appropriate, such other relevant F79[railway organisation] of such cause or likely cause of the incident and any recommendations which may be adopted arising from the investigation.

• (13) Where the Commission receives a notification under subsection (12), it may take such action in relation to the dissemination of the information contained in the notification as it considers appropriate in the interests of railway safety.

• (14) Where the Commission considers it appropriate to do so, it may designate an inspector or other suitably qualified person to observe the carrying out of an investigation under this section and the F79[railway organisation] shall facilitate such observation.

• (15) The function of an inspector or other person designated under subsection (14) shall be to assess the adequacy of the investigation and to ensure that the procedures adopted are in compliance with the F82[safety management document] of the F79[railway organisation].

• (16) Where an inspector or other person designated under subsection (14) considers an investigation under this section not to be adequate, or not to be in compliance with the procedures adopted in the F82[safety management document] of a F79[railway organisation], he or she shall, either during the investigation or after the completion of the investigation, notify the F79[railway organisation] in writing of his or her considerations and the F79[railway organisation] shall take all necessary actions to address the considerations.

• (17) A F79[railway organisation] which fails to comply with a requirement of this section is guilty of an offence and is liable—

• (a) on summary conviction, to a fine not exceeding €3,000, or

• (b) on conviction on indictment, to a fine not exceeding €60,000.

• (18) A member of staff of, or other person engaged by, a F79[railway organisation] who fails to comply with a requirement of subsection (4) or (5) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

54. Reporting of risks, etc. by staff of F83[railway organisation]s and contractors.

54.—(1) Where a member of staff of a F83[railway organisation] or a person working under a contract of services with a F83[railway organisation] becomes aware of—

• (a) information relevant to the investigation of F84[an accident or incident], or

• (b) a risk arising from the operations of the undertaking which in his or her opinion is not adequately controlled or mitigated by the undertaking,

he or she shall inform the F83[railway organisation] of the information or as the case may be the risk and of his or her opinion.

• (2) Where, having informed a F83[railway organisation] under subsection (1), the member of staff or other person is of the opinion that the action, if any, taken by the undertaking is inadequate to comply with the general duty on the undertaking under section 36 or to comply with any requirement on the undertaking under this Act, he or she may inform the Commission in writing of that opinion.

• (3) Where a member of staff of a F83[railway organisation] or other person working under a contract of services with a F83[railway organisation] informs the Commission of his or her opinion in accordance with subsection (2), he or she shall not be disciplined, be held to be in breach of contract or in any other way disadvantaged for the fact that he or she has informed the Commission.

55. Railway Incident Investigation Unit.

55.—F85[…]

56. Chief Investigator and staff of the Investigation Unit.

56.—F86[…]

57. Independence of Investigation Unit.

57.—F87[…]

58. Investigations by Investigation Unit.

58.—F88[…]

59. Re-opening of investigation by Investigation Unit.

59.—F89[…]

60. Publication of report of investigations.

60.—F90[…]

61. Contents of report.

61.—F91[…]

61A. F92[Annual safety report

61A.—F93[…]]

62. Preparation of draft report and observations of affected persons.

62.—F94[…]

63. Recommendations of Investigation Unit.

63.—F95[…]

64. Tribunal of inquiry.

64.—(1) The Minister may, where he or she considers it necessary, with the consent of the Minister for Finance and after consultation with the Commission and the Investigation Unit, direct that a tribunal of inquiry be held into a railway F96[accident or] incident.

• (2) The following provisions shall have effect in relation to a tribunal—

• (a) the Minister shall appoint a competent person or persons to hold the inquiry and may appoint any person or persons possessing legal, railway or special knowledge, including a commissioner or former commissioner F97[…] an inspector, to act as an assessor to assist the inquiry,

• (b) where the tribunal relates to an international service, the Minister may appoint a person or persons nominated by the relevant competent authority in the other state, to act as an assessor to assist the inquiry,

• (c) the tribunal shall hold the inquiry in such manner and under such conditions as it thinks appropriate,

• (d) the tribunal shall have for the purposes of the inquiry all the powers of a judge of the District Court when hearing a prosecution for an offence under this Act, and all the powers of an inspector under this Act, and in addition, power—

• (i) by summons signed by the tribunal, to require the attendance of such persons as it thinks fit to call before it and examine for the purposes of the inquiry, and to require answers or returns to the inquiries it thinks fit to make, and

• (ii) to administer an oath or affirmation and require any person examined to make and sign a declaration of the truth of the statements made by the person in his or her examination.

• (3) In subsection (2)(a), “competent person” includes a serving or former member of the judiciary or any other person whom the Minister considers has the necessary experience or expertise but does not include a serving commissioner, Chief Investigator, or member of the staff of the Commission or Investigation Unit, any person who is or was a member of the staff of a F98[railway organisation] involved in the F96[accident or] incident, or any person who, in the opinion of the Minister, has an actual or potential conflict of interest.

• (4) If a person objects to a question asked of him or her as a witness at a tribunal on the grounds that the answer might tend to incriminate the person or make the person liable to a penalty and the person is informed of his or her obligation to answer the question, the person shall not refuse to answer the question but the answer given on that occasion shall not be admissible as evidence in criminal or other proceedings against the person other than proceedings against him or her in respect of the falsity of the answer or the failure to answer the question.

• (5) Persons attending as witnesses before a tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record and, in case of a dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to the Taxing Master of the High Court who, on request signed by the tribunal, shall ascertain and certify the proper amount of the expenses.

• (6) A tribunal shall make a report to the Minister recording all relevant findings of the tribunal, indicating the cause or causes or probable cause or causes of the railway F96[accident or] incident and any recommendations which the tribunal considers to be warranted and feasible for the avoidance of incidents or otherwise for the improvement of railway safety and adding any observations which it thinks fit to make.

• (7) The Minister shall publish the report of a tribunal under this section.

• (8) The Minister shall pay to the person or persons conducting an inquiry under this section such fees and expenses as the Minister may, with the consent of the Minister for Finance, determine.

• (9) The Minister shall, subject to the consent of the Minister for Finance, defray the other costs, if any, of an inquiry and report under this section.

• (10) A tribunal may, at its discretion, decide whether or not to award costs in connection with an inquiry under this section and where it decides that costs shall be awarded, those costs may be awarded in such amounts and in respect of such matters as the tribunal, in its discretion, thinks fit.

• (11) The Minister shall give notice of his or her intention to establish a tribunal of inquiry under this section by a notice published in Iris Oifigiúil and at least one daily newspaper published and circulating in the State, setting out the terms of reference of the inquiry.

• (12) The Minister may, if he or she considers it necessary for the more effective conduct of inquiries, make regulations governing the holding of inquiries and without prejudice to the generality of this section, such regulations may provide for—

• (a) the location at which an inquiry may be held,

• (b) the manner in which facts may be proved at an inquiry, and

• (c) the persons allowed to appear and the notices to be given to persons affected.

• (13) A person who—

• (a) without reasonable excuse, fails to comply with a summons of a tribunal,

• (b) being in attendance as a witness at a tribunal, refuses—

• (i) to take any oath or make an affirmation,

• (ii) to sign any declaration as to the truth of any statement made by him or her, or

• (iii) refuses to answer any question to which the tribunal may require an answer,

when required by the tribunal to do so,

or

• (c) obstructs or hinders a tribunal,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 3 months, or to both.

• (14) In this section, “tribunal” means a tribunal of inquiry under this section.

65. F99[Minister may direct that inquiry be held

65. The Minister may direct that an inquiry be held under section 64 notwithstanding that the railway accident or incident into which the inquiry is to be held is or was the subject of an investigation by the Investigation Unit.]

66. Re-opening of inquiry.

66.—(1) The Minister may, after consultation with the Investigation Unit, direct that a completed inquiry be re-opened if satisfied that there is new evidence available which could materially alter the findings of the inquiry and that the purpose of the inquiry would be served by re-opening it.

• (2) This Part applies to a re-opened inquiry in the same way as it applies to an inquiry.

67. Inquest in case of railway F100[accident or] incident.

67.—(1) Where a coroner (within the meaning of the Coroners Act 1962) holds or is about to hold an inquest on the body of any person whose death may have been caused by a railway F100[accident or] incident, this section has effect.

• (2) The coroner shall notify the Commission of the time and place of the holding of an inquest not less than 72 hours before the time of holding the inquest.

• (3) The coroner may in writing request the attendance of an inspector to assist in the holding of an inquest and on receipt of such a request the Commission may appoint an inspector or a person engaged under section 18 to assist in the holding of such inquest.

• (4) Where an inspector does not assist a coroner under subsection (3) at an inquest relevant to this section and where evidence is given as to any neglect having caused or contributed to the railway F100[accident or] incident or as to any defect in the operation of a railway appearing to a coroner or jury to require a remedy, the coroner shall send to the Commission notice in writing of the evidence of the neglect or defect.

• (5) In addition to a notice specified in subsection (4), every coroner shall furnish to the Commission a written return in relation to an inquest to which this section applies and this return shall be in the format specified by the Commission, after consultation with the Coroners Society of Ireland.

68. Transitional provision (opening of railways).

68.—Sections 4, 5 and 6 of the Railway Regulation Act 1842, repealed by section 5 of this Act, continue to apply to any railway or portion of railway in respect of which a notice of its intended opening is given under section 4 of that Act but which is not opened immediately before the repeal of those sections.

PART 6 Regulations and Review of Legislation

69. Regulations.

69.—(1) The Commission, with the consent of the Minister and after consultation with the Council, F101[railway organisation]s, organisations which represent staff of F101[railway organisation]s and such other persons as in the opinion of the Commission may be relevant, may make regulations in relation to all or any of the following—

• (a) standards and specifications for railway infrastructure and rolling stock,

• (b) additional matters to be included in a safety management system or a F102[safety management document] for the purposes of section 39,

• (c) requirements or restrictions relating to the management of passengers and other persons on railway property, including in relation to persons standing in trains, the placing of luggage in trains, and emergency evacuation from trains,

• (d) levels of training, competencies and qualifications of staff of F101[railway organisation]s, including disability awareness training and requirements on F101[railway organisation]s to facilitate staff holding positions before the entry into operation of such regulations in achieving any required level of training, competency or qualification,

• (e) requirements relating to interfaces between F101[railway organisation]s,

• (f) requirements relating to interfaces between railway infrastructure or trains and any other vehicle or road,

• (g) requirements relating to the reporting by F101[railway organisation]s of railway F103[accidents or] incidents, including the form of reporting and the classification of railway F103[accidents or] incidents to be reported,

• (h) procedures for the acceptance of new works (within the meaning of section 42(15)) and new rolling stock (within the meaning of section 43(14)),

• (i) requirements for the maintenance by a F101[railway organisation] of records, and

• (j) standards, specifications and procedures to be used by F101[railway organisation]s to safely facilitate the special requirements of mobility-impaired persons.

• (2) Regulations made by the Commission under subsection (1) shall not be for the purpose of giving effect to an act adopted by an institution of the European Communities.

• (3) The Minister may make regulations for the purpose of giving effect to an act adopted by an institution of the European Communities in relation to railway safety.

• (4) Regulations under subsection (3) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act).

70. F104[Regulations for protection of railway accident and incident sites

70.— The Minister may, after consultation with the Minister for the Environment, Community and Local Government, the Chief Investigator, the Garda Síochána, the Commission, the Council, railway organisations and such other persons as in the opinion of the Minister may be relevant, make regulations relating to the protection of the sites of railway accidents and incidents in relation to any or all of the following matters—

• (a) procedures for the collection, recording and protection of evidence,

• (b) the protection of such sites,

• (c) the protection against unauthorised interference with such sites,

• (d) prohibiting the unauthorised removal of anything from such sites, and

• (e) access to evidence collected at such sites.]

71. Offence.

71.—A person who contravenes or fails to comply with any regulations made under this Part is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

72. Review of legislation by Commission.

72.—(1) It shall be the duty of the Commission—

• (a) to keep under review the provisions of this Act,

• (b) to keep under review any other relevant statutory provisions that affect, or may affect, the carrying out of its functions under this Act, and

• (c) to submit from time to time, to the Minister, or such other Minister of the Government having responsibility for the other statutory provisions, such recommendations as it considers appropriate in relation to the said statutory provisions or for the making, modification or revocation of any instruments under those provisions.

• (2) Before submitting recommendations to the Minister or such other Minister of the Government, as the case may be, in accordance with subsection (1)(c), the Commission shall consult any Minister of the Government, the Council or other person that appears to the Commission to be appropriate in the circumstances or that the Minister, or other Minister of the Government as the case may be, so directs.

• (3) The Commission shall consider any proposals for legislative change concerning railway safety and related matters referred to it by the Minister or any other Minister of the Government responsible for any of the other statutory provisions.

• (4) Whenever the Minister, or such other Minister of the Government as the case may be, makes, modifies or revokes any instruments under the statutory provisions referred to in subsection (1), or publishes proposals for legislative change concerning railway safety and related matters, he or she shall, at the same time, cause copies of any recommendation of the Commission under subsection (1)(c) or arising from the Commission's consideration of proposals under subsection (3), to be laid before each House of the Oireachtas.

PART 7 Enforcement

73. Inspectors.

73.—(1) The Commission may appoint any of its officers, consultants, advisors or other persons as it deems appropriate to be inspectors for the purposes of this Act and such appointment may be revoked by the Commission.

• (2) Each commissioner shall, on his or her appointment, be deemed to be an inspector for the purposes of this Act.

• (3) A person appointed under subsection (1) shall, on his or her appointment, be furnished with a warrant of his or her appointment and when exercising any power conferred on an inspector by this Act shall, if requested by any person thereby affected, show the warrant to that person.

• (4) For the purpose of the exercise of functions of the Commission under this Act, an inspector may—

• (a) travel on any train or any part of a train of any F105[railway organisation],

• (b) enter, inspect, examine and search at all times, any place or premises which he or she has reasonable cause to believe is railway property,

• (c) enter into any place, premises or vehicle which he or she has reasonable cause to believe contains records or information relevant to and necessary for the exercise of functions of the Commission under this Act and therein carry out such searches, inspections and examinations as he or she considers reasonable and necessary,

• (d) have a member of the Garda Síochána accompany him or her if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his or her duty,

• (e) take with him or her any other person or any equipment or materials required for any purpose for which the power of entry is being exercised,

• (f) where he or she has reasonable cause to believe that at or in any railway property an offence under this Act has been or is being committed, use reasonable force where necessary in order to enter that property,

• (g) make such examination and inquiry as may be necessary,

• (h) require the production of any record (and, in the case of information in non-legible form, to reproduce it in legible form) which in the opinion of the inspector is necessary for him or her to inspect, examine and copy or require that a copy of it or of any entry therein be provided to him or her,

• (i) inspect and take copies of or extracts from any such records (including, in the case of information in non-legible form, a copy of or extract from such information in permanent legible form),

• (j) remove and retain such records for such period as may be reasonable for further examination,

• (k) require any person whom he or she has reasonable cause to believe to be able to give information relevant for the purposes of this Act, to answer such questions with respect to matters under this Act as he or she thinks fit to ask and to sign a declaration of the truth of the answers given,

• (l) direct that any railway property or part thereof and anything therein shall be left undisturbed for so long as it is reasonably necessary for the purpose of this Act,

• (m) take samples or, as regards any article or substance he or she finds, require the F105[railway organisation] or any member of staff of, or other person engaged by, the F105[railway organisation] or any person who appears to him or her to be in possession of the article or substance, to supply without payment, for test, examination or analysis sufficient samples thereof,

• (n) cause any article or substance found which appears to him or her to be reasonably necessary for the purpose of this Act to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes of the process or test) and where an inspector proposes to exercise the power conferred by this paragraph in the case of an article or substance found, he or she shall, if so requested by a person who at the time is present and who may have responsibilities in respect of such article or substance, cause anything which is to be done by virtue of that power to be done in the presence of that person,

• (o) in relation to any article or substance found at or in railway property in accordance with paragraph (n), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

• (i) to examine or arrange for the examination of it and do to it anything which he or she has power to do under paragraph (n),

• (ii) to ensure that it is not tampered with before the examination of it is completed, or

• (iii) to ensure that it is available for use as evidence in any proceedings,

• (p) take any measurements, photographs or video recordings or make any sound, electrical or other recordings which he or she considers necessary for the purposes of this Act,

• (q) require any person to afford him or her such facilities and assistance within his or her control or responsibilities as are reasonably necessary to enable him or her to exercise any of the powers conferred on him or her under this Act,

• (r) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material to afford the inspector all reasonable assistance in relation to its use, and

• (s) require any F105[railway organisation] to have any train, railway infrastructure, equipment, system, or procedure examined and tested at the undertaking’s expense where, in his or her opinion, this is necessary for the purposes of this Act.

• (5) A person who is being interviewed under subsection (4)(k) or section 74 may, if he or she requests—

• (a) where the person is a member of the staff of the F105[railway organisation] or a person engaged by the undertaking, be accompanied—

• (i) by one other member of the staff of the F105[railway organisation], or of the person engaged by the undertaking,

• (ii) by one other person from an organisation which represents, as the case may be, the staff of the undertaking or the person engaged by the undertaking, or

• (iii) at his or her own expense, by a legal or other adviser,

or

• (b) where the person is not a member of the staff of the F105[railway organisation] or a person engaged by the undertaking, be accompanied, at his or her own expense, by a legal or other adviser.

• (6) The sole function of a person permitted to accompany another person in accordance with subsection (5) shall be the provision of advice to the person being interviewed.

• (7) A person permitted to accompany another person in accordance with subsection (5) shall, if directed by the inspector concerned, desist from doing anything which, in the opinion of the inspector, frustrates the orderly and efficient conduct of the interview.

• (8) Before exercising the power conferred by subsection (4)(n) in the case of any article or substance, an inspector shall, in so far as it is reasonably practicable to do so, consult such persons as appear to him or her to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he or she proposes to do under that power.

• (9) Where, under the power conferred by subsection (4)(o), an inspector takes possession of any article or substance found at or in any railway property, he or she shall, if it is practicable for him or her to do so, take a sample thereof and give to a responsible person at the place of work a portion of the sample marked in a manner sufficient to identify it.

• F106[(10) An inspector, for the purpose of carrying out his or her functions under this Act, shall have unhampered access to the site of a railway accident or incident.]

• (11) The Commission shall consult with F105[railway organisation]s in relation to procedural arrangements for entry by inspectors upon railway property.

• (12) An inspector shall not, except under a warrant under subsection (14) or with the consent of the occupier, enter a domestic dwelling for the purposes of this section.

• (13) Where an inspector in the exercise of his or her powers under this section is prevented from entering any premises, place or vehicle, an application may be made under subsection (14) authorising such entry.

• (14) If a judge of the District Court is satisfied on the sworn information of an inspector that there are reasonable grounds for suspecting that information required by an inspector for the purpose of this Act is held at any premises, place or vehicle, the judge may issue a warrant authorising the inspector, accompanied if the inspector considers it necessary by other inspectors or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so required, to enter, if need be by reasonable force, the premises, place or vehicle and exercise all or any of the powers conferred on an inspector under this Part.

• (15) In this section, “railway property” means all land, buildings, railway infrastructure, rolling stock and vehicles under the control of a F105[railway organisation].

74. Provision of records and other information.

74.—(1) Where, in the opinion of an inspector carrying out an inspection under this Part, an inspection of any record may be necessary for the purpose of exercising his or her functions under this Act, the inspector may require a F107[railway organisation] or other relevant person to deliver to a place nominated by the inspector, and within such reasonable period as the inspector specifies, such record to enable the inspector to inspect and copy it and the F107[railway organisation] or other relevant person shall comply with the requirement.

• (2) An inspector may require the attendance before him or her of any person in the jurisdiction for the purpose of providing to the inspector any information which may be known to the person and which, in the inspector’s opinion may be necessary for the purposes of exercising a function under this Act and the person shall comply with the requirement.

• (3) A person required to attend before an inspector in accordance with subsection (2) shall be entitled to the reimbursement by the Commission of any reasonable expenses incurred in connection with his or her attendance.

• (4) An inspector may also, for the purpose of exercising his or her functions under this Act—

• (a) examine any person required to attend before him or her and may require answers or returns to any inquiry he or she thinks fit to make, and

• (b) administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by the person in his or her examination.

• (5) An inspector may make such copies or take such extracts from the information gathered under subsection (4) as the inspector considers necessary for the purposes of the investigation.

75. Requirement to give name and address, obstruction, arrest, offence.

75.—(1) A member of the Garda Síochána accompanying an inspector under this Part may require of any person his or her name and address and may, if such person refuses or fails to give his or her name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.

• (2) Where a person, when his or her name and address is required of him or her under this section, refuses or fails to give his or her name and address or gives a name or address which is false or misleading, such person is guilty of an offence.