Railway Safety Act 2005

Railway Safety Act 2005 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2005 Railway Safety Act 2005 Railway Safety Act 2005 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 31 of 2005 RAILWAY SAFETY ACT 2005 ARRANGEMENT OF SECTIONS PART 1 Preliminary Section 1. Short title. 2. Interpretation. 3. Laying of orders and regulations. 4. Application. 5. Repeals. 6. Expenses. PART 2 Railway Safety Commission 7. Establishment day. 8. Establishment of Railway Safety Commission. 9. Independence of Commission. 10. Functions of Commission. 11. Conferral of additional functions. 12. Transfer of functions. 13. Policy directions by Minister to Commission. 14. Members of Commission. 15. Staff of Commission. 16. Transfer of staff from Minister to Commission. 17. Deputy member of Commission. 18. Consultants and advisers. 19. Membership of House of Oireachtas, European Parliament and local authorities. 20. Disclosure of Interests. 21. Disclosure of confidential information. 22. Superannuation for members of Commission. 23. Superannuation for staff of Commission. 24. Resources made available by Minister. 25. Grants to Commission. 26. Levy. 27. Borrowings. 28. Accounts and annual report of Commission. 29. Statement of strategy. 30. Publication of reports of Commission. 31. Accountability of Commission to Committees of Oireachtas. 32. Premises of Commission. 33. Seal of Commission. 34. Commission to keep itself informed on certain matters. 35. Provision of services. PART 3 General Duties of Railway Undertakings, Persons Working on Railways and Other Persons 36. General duties of railway undertakings. 37. General duties of persons working on railways and other persons. PART 4 Safety Management Systems and Safety Case 38. Commencement (Part 4). 39. Safety management systems and safety case. 40. Co-operation between railway undertakings. 41. International Services. 42. Safety assessment of new works. 43. Safety assessment of new rolling stock. 44. Transfer of ownership. 45. Submission and assessment of safety case. 46. Acceptance of safety case by Commission. 47. Compliance with safety case. 48. Revision of safety case. 49. Appointment of independent persons for assessments and audits. 50. Safety audits. PART 5 Reporting and Investigation of Railway Incidents 51. “railway incident”. 52. Reportable railway incidents. 53. Investigations by railway undertakings. 54. Reporting of risks, etc. by staff of railway undertakings and contractors. 55. Railway Incident Investigation Unit. 56. Chief Investigator and staff of the Investigation Unit. 57. Independence of Investigation Unit. 58. Investigations by Investigation Unit. 59. Re-opening of investigation by Investigation Unit. 60. Publication of report of investigations. 61. Contents of report. 62. Preparation of draft report and observations of affected persons. 63. Recommendations of Investigation Unit. 64. Tribunal of inquiry. 65. Suspension of investigation by Investigation Unit where inquiry directed. 66. Re-opening of inquiry. 67. Inquest in case of railway incident. 68. Transitional provision (opening of railways). PART 6 Regulations and Review of Legislation 69. Regulations. 70. Regulations for protection of railway incident sites. 71. Offence. 72. Review of legislation by Commission. PART 7 Enforcement 73. Inspectors. 74. Provision of records and other information. 75. Requirement to give name and address, obstruction, arrest, offence. 76. Improvement plan. 77. Improvement notice. 78. Prohibition notice. 79. Application to High Court by Commission. 80. Indemnification for actions in good faith. PART 8 Railway Safety Advisory Council 81. Appointed day. 82. Railway Safety Advisory Council. 83. Functions of Council. PART 9 Intoxicants and Persons Working on Railway Infrastructure 84. Commencement (Part 9). 85. Interpretation (Part 9). 86. Application (Part 9). 87. Duties of safety critical workers and railway undertakings. 88. Codes of conduct, etc., in relation to intoxicants. 89. Sampling for drugs. 90. Disciplinary measures. 91. Proof of certificate of analysis. PART 10 Offences by Persons Working on Railway Infrastructure Chapter 1 Preliminary 92. Commencement, (Part 10). 93. Definitions, (Part 10). 94. Power of Garda Síochána to enter railway property and to stop train. 95. Application and authorised persons. Chapter 2 Intoxicants 96. Functions of the Bureau in relation to analysis under Chapter. 97. Offences involving intoxicants by persons working on railway property. 98. Obligation to provide specimen of breath. 99. Arrest without warrant. 100. Obligation to provide specimen following arrest. 101. Obligation to provide blood or urine specimen while in hospital. 102. Detention of intoxicated persons where a danger to themselves or others. 103. Procedure following provision of breath specimen under section 100. 104. Procedure to be followed relating to specimens taken or provided. 105. Procedure at Bureau regarding specimens. 106. Frustrating prosecution. 107. Evidence in proceedings under this Chapter. 108. Defences. 109. Penalties. Chapter 3 Carelessly or dangerously working or working while unfit, on railway 110. Careless working on railway. 111. Dangerous working on railway. 112. Medical fitness for duty. PART 11 Works by Road Authorities, etc. 113. Works on public roads in the vicinity of railway infrastructure. PART 12 General Enforcement and Offence Provisions relating to Railway Safety and Conduct of Persons on Railways 114. Unlawful use of railway. 115. Deliberate or wanton damage to railway. 116. Obligation to notify danger caused to railway. 117. Obligation not to expose person to danger on railway. 118. Unlawful use of system of communication between passengers and train drivers. 119. Attempting to obstruct, damage or derail a train, etc. 120. Penalty. 121. Power to arrest by member of Garda Síochána. PART 13 Procedural 122. Prosecution of summary offences. 123. Offences by bodies corporate. 124. Cost of prosecutions. 125. Service of notices, etc. 126. Disclosure of records. PART 14 Provisions Relating to Córas Iompair Eireann 127. Compulsory acquisition of land. 128. Matters relating to bye-laws, etc. 129. Powers of authorised officers. 130. Borrowing by CIE for capital purposes. 131. Failure to shut and fasten gates of level crossing or passage. PART 15 Fare Evasion and Fixed Payment Notices 132. Penalty for avoiding payment of fare. 133. Fixed payment notice. PART 16 Light Railway and Metro 134. Amendment of Transport (Railway Infrastructure) Act 2001. 135. Increase of fines. 136. Amendment of timeframe for submissions on railway order. PART 17 Road Traffic — Bridge Strikes 137. Collective citation and construction (Part 17). 138. Bridge strikes. SCHEDULE 1 Enactments Repealed SCHEDULE 2 Functions Transferred from Minister to Commission Acts Referred to Acquisition of Land (Assessment of Compensation) Act 1919 9 & 10 Geo. 5, c. 57 Companies Acts 1963 to 2005 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Coroners Act 1962 1962, No. 9 Data Protection Act 1988 1988, No. 25 European Parliament Elections Act 1997 1997, No. 2 Fire Services Act 1981 1981, No. 30 Freedom of Information Act 1997 1997, No. 13 Land Clauses Acts Local Government Act 1946 1946, No. 24 Local Government Act 2001 2001, No. 37 Malicious Damage Act 1861 24 & 25 Vic., c. 97 Minimum Notice and Terms of Employment Acts 1973 to 2001 Misuse of Drugs Act 1977 1977, No. 12 Organisation of Working Time Act 1997 1997, No. 20 Petty Sessions (Ireland) Act 1851 14 & 15 Vic., c. 93 Planning and Development Act 2000 2000, No. 30 Railway Act 1924 1924, No. 29 Railway Clauses Act 1863 26 & 27 Vic., c. 92 Railway Clauses Consolidation Act 1845 8 Vic., c. 20 Railway Employment (Prevention of Accidents) Act 1900 63 & 64 Vic., c. 27 Railway Regulation Act 1842 5 & 6 Vic., c. 55 Railway Returns (Continuous Brakes) Act 1878 41 Vic., c. 20 Redundancy Payments Acts 1967 to 2003 Regulation of Railways Act 1868 31 & 32 Vic., c. 119 Regulation of Railways Act 1871 34 & 35 Vic., c. 78 Regulation of Railways Act 1889 52 & 53 Vic., c. 57 Regulation of Railways Acts 1840 to 1893 Road Act 1993 1993, No. 14 Road Traffic Act 1961 1961, No. 24 Road Traffic Act 1994 1994, No. 7 Road Traffic Act 2002 2002, No. 12 Road Traffic Acts 1961 to 2004 State Guarantees (Transport) Act 1962 1962, No. 25 Terms of Employment (Information) Act 1994 1994, No. 5 Transport Act 1950 1950, No. 12 Transport Act 1958 1958, No. 19 Transport Act 1964 1964, No. 30 Transport Act 1974 1974, No. 1 Transport Act 1985 1985, No. 15 Transport Act 1987 1987, No. 27 Transport (Miscellaneous Provisions) Act 1971 1971, No. 14 Transport (Railway Infrastructure) Act 2001 2001, No. 55 Unfair Dismissals Acts 1977 to 2001 Worker Protection (Regular Part-Time Employees) Act 1991 1991, No. 5 Number 31 of 2005 RAILWAY SAFETY ACT 2005 AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS, IN THE IRISH LANGUAGE, AN COIMISIÚN SÁBHÁILTEACHTA IARNRÓID, OR IN THE ENGLISH LANGUAGE, THE RAILWAY SAFETY COMMISSION, TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS, IN THE IRISH LANGUAGE, AN CHOMHAIRLE SÁBHÁILTEACHTA IARNRÓID, OR IN THE ENGLISH LANGUAGE, THE RAILWAY SAFETY ADVISORY COUNCIL, TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE GENERAL DUTIES OF RAILWAY UNDERTAKINGS AND PERSONS WORKING ON RAILWAYS AND OTHER PERSONS, TO PROVIDE FOR MEASURES TO PREVENT PERSONS FROM WORKING ON RAILWAYS WHO ARE UNFIT TO CARRY OUT THAT WORK THROUGH ALCOHOL OR DRUGS, TO PROVIDE FOR OFFENCES BY PERSONS WORKING ON RAILWAYS, TO PROVIDE FOR MATTERS RELATING TO CARRYING OUT WORKS ON PUBLIC ROADS IN THE VICINITY OF RAILWAYS, TO PROVIDE FOR OFFENCES AND OTHER MATTERS RELATING TO THE CONDUCT OF PERSONS ON RAILWAYS, TO PROVIDE FOR MATTERS RELATING TO CÓRAS IOMPAIR ÉIREANN, AND FOR THAT PURPOSE TO AMEND THE TRANSPORT ACT 1950 AND OTHER ENACTMENTS RELATING TO CÓRAS IOMPAIR ÉIREANN, TO PROVIDE FOR MATTERS RELATING TO LIGHT RAILWAYS AND METRO, AND FOR THAT PURPOSE TO AMEND THE TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001, TO REPEAL CERTAIN PROVISIONS OF THE REGULATION OF RAILWAYS ACTS 1840 TO 1893 AND OTHER ENACTMENTS RELATING TO RAILWAYS, TO AMEND THE ROAD TRAFFIC ACTS 1961 TO 2004, AND TO PROVIDE FOR RELATED MATTERS. [18th December, 2005] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary Short title. 1.—This Act may be cited as the Railway Safety Act 2005. Interpretation. 2.—(1) In this Act, except where the context otherwise requires— “Commission” means the Railway Safety Commission established under section 8 ; “Council” means the Railway Safety Advisory Council established under section 82 ; “establishment day” means the day appointed by the Minister under section 7 to be the establishment day for the purposes of Part 2; “functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties; “heritage railway” means a person who only operates train services or railway infrastructure of historical or touristic interest or such other person whom the Commission has by regulations under section 4 (6) specified to be a heritage railway; “inspector” means a person appointed under section 73 to be an inspector; “international service” means the operation of a railway service between the State and another state; “intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol; “investigation report” means a report published by the Investigation Unit of an investigation undertaken by it; “local authority” has the meaning assigned to it by the Local Government Act 2001 ; “medical practitioner” means a person registered in the General Register of Medical Practitioners; “Minister” means Minister for Transport; “operation” in relation to a railway undertaking, includes the operation of railway services or the operation of railway infrastructure, or both, and any other ancillary activities; “public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority; “qualified person” and “suitably qualified person” shall be construed in accordance with section 49 (18); “railway” means— (a) a railway which has a gauge of not less than 350 mm and which is used for the carrying of fare-paying passengers, or fee-paying members, or the conveyance of merchandise, (b) any part of such other railway that has a physical interface with a railway mentioned in paragraph (a), or a physical interface with a public road, or (c) any other infrastructure that may be specified by the Commission under section 4 ; “railway incident” has the meaning assigned to it by section 51 ; “railway infrastructure” means the fixed assets used for the operation of a railway including, but not limited to, rail track, railway stations, permanent way and plant used for signalling or exclusively for supplying electricity for operational purposes to the railway; “railway property” has the meaning assigned to it by section 73 (15); “railway undertaking” means— (a) Iarnród Éireann—Irish Rail, (b) a heritage railway, or (c) any other person who operates a railway; “record” means any memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Act 1988 ) are held, any other form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically and any thing that is a part or a copy, in any form, of any of the foregoing or is a combination of two or more of the foregoing; “reportable railway incident” means a railway incident that is required to be reported by a railway undertaking in accordance with section 52 ; “road authority” means— (a) in the case of a national road, the National Roads Authority, and (b) in the case of a regional or local road, the city, county, borough or town council, in whose administrative area the road is located; “rolling stock”, in relation to a railway, means any train or any other vehicle with flanged wheels which is designed to operate on a railway; “safety case” shall be construed in accordance with section 39 ; “train” means a vehicle with flanged wheels designed to operate on a railway for whatever purpose, and includes carriages and rolling stock. (2) In this Act— (a) a reference to a section, Part or Schedule is a reference to a section or Part of or Schedule to this Act unless it is indicated that a reference to some other enactment is intended, (b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and (c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by any subsequent enactment including this Act. Laying of orders and regulations. 3.—Every order other than an order under section 5 , 7 , 38 , 81 , 84 or 92 or regulation (other than a regulation under section 97 (3)) made by the Minister or Commission under this Act shall, as soon as may be after it is made, be laid before each of the Houses of the Oireachtas and if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Application. 4.—(1) This Act applies to all railway undertakings. (2) Notwithstanding section 69 of the Transport (Railway Infrastructure) Act 2001 , this Act applies to any railway works authorised by a railway order under section 43 of that Act. (3) This Act does not apply to the operation of railway infrastructure solely for industrial use, except insofar as it has an interface with a public road or with a railway undertaking. (4) This Act does not apply to fairground equipment which has been granted a valid certificate of safety in accordance with section 239 of the Planning and Development Act 2000 , unless, in the opinion of the Commission, it is appropriate to apply it in the interest of the safety of persons. (5) The Commission may by regulations specify any other infrastructure to be a railway for the purposes of this Act where, in the opinion of the Commission, it is appropriate to do so in the interest of the safety of persons. (6) The Commission may by regulations specify any person to be a heritage railway for the purposes of this Act where, in the opinion of the Commission, it is appropriate to do so in the interest of the safety of persons. Repeals. 5.—(1) The enactments specified in column (2) of Schedule 1 are repealed to the extent specified in column (3) thereof. (2) This section comes into operation on such day or days as the Minister may by order or orders appoint and different days may be so appointed for the application of this section to different enactments specified in Schedule 1 and to different provisions specified in that Schedule of those enactments. Expenses. 6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 Railway Safety Commission Establishment day. 7.—The Minister may by order appoint a day to be the establishment day for the purposes of this Part. Establishment of Railway Safety Commission. 8.—(1) There shall stand established, on the establishment day, a body to be known as, in the Irish language, An Coimisiún Sábháilteachta Iarnróid, or in the English language, the Railway Safety Commission, in this Act referred to as the “Commission”, to perform the functions assigned to it under this Act. (2) The Commission shall be a body corporate with perpetual succession and shall have a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property. (3) The Commission shall have all such powers as are necessary for or incidental to the performance of its functions under this Act. Independence of Commission. 9.—Subject to this Act, the Commission shall be independent in the exercise of its functions. Functions of Commission. 10.—(1) The principal functions of the Commission shall be— (a) to foster and encourage railway safety, (b) to enforce this Act and any other legislation relating to railway safety, and (c) to investigate and report on railway incidents. (2) The Commission shall, in carrying out its functions, have regard to any matters arising from the operation of railways which may affect the safety of persons. (3) The Commission, subject to the approval of the Minister given with the consent of the Minister for Finance, may— (a) enter into agreements or make arrangements with any Minister of the Government, or any other person for that Minister or person to perform on behalf of the Commission (with or without payment) any of its functions; and (b) enter into agreements or make arrangements with any Minister of the Government or the Health and Safety Authority for the Commission to perform on behalf of that Minister or that Authority (with or without payment) such functions as may appropriately be performed by it in connection with its functions under this Act. (4) The Commission shall have all such powers as are necessary or expedient for the performance of its functions under subsection (3)(b). (5) The Commission shall provide advice to the Minister as may be requested by the Minister from time to time in relation to railway safety. (6) For the purposes of its functions, the Commission shall encourage and foster activities and measures which are directed towards the promotion of railway safety, including such arrangements as it considers appropriate to undertake, to promote, to sponsor, to evaluate and to publish the results of research, surveys and studies relating to railway safety. Conferral of additional functions. 11.—(1) The Minister may, by order, made with the consent of the Minister for Finance, confer on the Commission such additional functions in relation to railway safety as, from time to time, he or she considers appropriate. (2) The Minister or any other Minister of the Government with the consent of the Minister may, with the consent of the Minister for Finance, by order provide that any function relating to railway safety conferred on him or her under any enactment (including this Act), shall, where the relevant Minister is satisfied that the function could be more conveniently performed by the Commission, in lieu of being performed by him or her, be performed by the Commission with effect from a date specified in the order. (3) Whenever an order under subsection (2) is in force in relation to a particular function, a reference in any enactment concerned to the Minister or the Minister of the Government concerned, as the case may be, shall be construed as including a reference to the Commission and the function to which the order relates shall be the function of the Commission. (4) An order under subsection (1) or (2) may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister or the relevant Minister of the Government, as the case may be, to be necessary for the purpose or in consequence of, or to give full effect to, the order. (5) The Minister or another Minister of the Government who has made an order under subsection (2) may— (a) where the order is made by the Minister, with the consent of the Minister for Finance, or (b) where the order is made by another Minister of the Government, with the consent of the Minister and the Minister for Finance, amend or revoke the order that he or she has made. Transfer of functions. 12.—(1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Commission. (2) The functions vested in the Minister by or under— (a) the provisions of the enactments mentioned in Part 1 of Schedule 2 , and (b) the regulations mentioned in Part 2 of Schedule 2 , are, on the establishment day, transferred to the Commission. (3) References to the Minister contained in any Act or instrument relating to any functions transferred by subsection (2) shall, on the establishment day, be construed as references to the Commission. (4) Anything commenced before the establishment day by or under the authority of the Minister may, in so far as it relates to functions transferred by this section, be carried on or completed on or after such day by the Commission. (5) Where, immediately before the establishment day, any legal proceedings are pending to which the Minister is the plaintiff or the prosecutor and the proceedings have reference to functions transferred by this section to the Commission, the name of the Commission shall, in so far as the proceedings relate to any functions transferred by this section, be substituted in those proceedings for that of the Minister or added in those proceedings as may be appropriate and those proceedings shall not abate by reason of such substitution. (6) Where, immediately before the establishment day, any legal proceedings are pending to which the Minister is a defendant and the proceedings have reference to any functions transferred to the Commission by this section, the Commission shall not be substituted for the Minister in those proceedings notwithstanding the transfer of functions under this Act. (7) Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this section shall, if and in so far as it was operative immediately before the establishment day, have effect on and after that day as if it had been granted or made by the Commission. Policy directions by Minister to Commission. 13.—(1) Subject to subsection (3), the Minister may, after consultation with the Minister for Finance, give such general policy directions in writing to the Commission in relation to its functions as he or she considers appropriate. (2) The Commission shall comply with any direction given under subsection (1). (3) The Minister shall not give directions under subsection (1) in relation to any particular case with which the Commission is or may be concerned. (4) The Minister shall lay a copy of any direction given by him or her under subsection (1) before each House of the Oireachtas. (5) The Minister may give policy or other guidelines to the Commission in relation to its functions as he or she considers appropriate and the Commission shall have regard to the guidelines when performing such functions. (6) The Minister shall lay a copy of any guidelines given by him or her under subsection (5) before each House of the Oireachtas. Members of Commission. 14.—(1) The Commission shall consist of at least one but not more than 3 members. (2) Each member of the Commission shall be known as a Commissioner for Railway Safety and is in this Act referred to as a “commissioner”. (3) The person who holds, immediately before the establishment day, the position of Chief Railway Inspecting Officer of the Minister, shall, subject to his accepting such period for his holding office on such terms and conditions as fixed under subsection (5), on the establishment day, become and be a commissioner and is deemed appointed under this subsection. (4) A commissioner (other than the person referred to in subsection (3)) shall be appointed by the Minister. (5) A commissioner shall be appointed to hold office in a full-time capacity for a period of not less than 3 years and not more than 7 years on such terms and conditions, including remuneration, as the Minister, with the consent of the Minister for Finance, may fix. (6) Where there is more than one commissioner, the Minister shall appoint one of them to be chairperson of the Commission on such terms and conditions, including remuneration, as the Minister may fix, with the consent of the Minister for Finance, to hold office in a full-time capacity for a period of not less than 3 and not more than 7 years. (7) The chairperson shall have a casting vote in the case of decisions to be taken by the Commission in the event of a tied vote. (8) Where the chairperson is unavailable to perform his or her duties, he or she, or if he or she is unable to do so, the Minister, shall appoint a commissioner to be an acting chairperson to assume the duties of the chairperson for a defined period not exceeding 12 months. (9) With the exception of the person appointed under subsection (3), a person shall not be appointed as a commissioner unless the Public Appointments Service, after holding a competition on behalf of the Commission, have selected him or her for appointment as a commissioner. (10) A commissioner, including the chairperson, whose term of office expires by effluxion of time shall be eligible for re-appointment to serve a second term, subject to a limit of serving no more than 12 years on the Commission. (11) A commissioner shall not be entitled to serve more than 2 terms of office. (12) A commissioner may— (a) at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon the date of receipt of the letter, whichever is the later, and (b) be removed from office by the Minister if, in his or her opinion, the member has become incapable through ill-health of effectively performing his or her duties or for stated misbehaviour and the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for such removal. (13) The Commission may act notwithstanding a vacancy in its membership. (14) A commissioner shall not hold any other office or employment in respect of which emoluments are payable. (15) A commissioner shall not, for a period of 12 months following his or her resignation, removal or retirement from the office of commissioner, accept any office, consultancy or employment, where he or she could or might use or disclose information of a confidential or commercially sensitive nature acquired by him or her in the exercise of the functions of the Commission. (16) Notwithstanding subsection (15), a person who was a commissioner shall not be precluded from holding office or engagement in any employment in the Civil Service or any statutory regulatory body or from acting as a consultant to the Commission, the Minister or any other Minister of the Government on the basis that the period referred to in that subsection has not expired. (17) No action or other proceedings shall lie or be maintainable (except in the case of wilful neglect or default) against any commissioner arising from a failure to perform or to comply with any of the functions conferred on the Commission by this Act. Staff of Commission. 15.—(1) The Commission may, subject to the consent of the Minister and the Minister for Finance, appoint such and so many persons to be members of its staff as it considers necessary to assist it in the performance of its functions. (2) The terms and conditions, including terms and conditions as to remuneration and grading, of persons appointed under subsection (1) shall be determined by the Minister with the consent of the Minister for Finance. (3) The Commission may perform such of its functions as it may deem proper through or by any member of its staff. Transfer of staff from Minister to Commission. 16.—(1) The Minister— (a) shall designate his or her officers recruited specifically for transfer to the Commission, and (b) may designate such and so many of his or her officers who are Railway Inspecting Officers, to be transferred to the Commission. (2) An officer of the Minister designated under subsection (1) shall be transferred to and become a member of the staff of the Commission on the establishment day. (3) Save in accordance with a collective agreement negotiated with any recognised trade unions and staff associations concerned, an officer of the Minister transferred to the staff of the Commission under subsection (2) shall not, while he or she is in the service of the Commission, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled or the terms and conditions of service (including those relating to tenure of office) to which he or she was subject immediately before his or her transfer. (4) In relation to persons transferred in accordance with subsection (2) to the staff of the Commission, previous service in the Civil Service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in— (a) the Redundancy Payments Acts 1967 to 2003, (b) the Minimum Notice and Terms of Employment Acts 1973 to 2001, (c) the Unfair Dismissals Acts 1977 to 2001, (d) the Terms of Employment (Information) Act 1994 , (e) the Organisation of Working Time Act 1997 , and (f) the Worker Protection (Regular Part-Time Employees) Act 1991 . Deputy member of Commission. 17.—(1) The Commission shall designate a member of its staff as a deputy member of the Commission (“deputy commissioner”) who shall assume and carry out all of the functions of the Commission in the absence of all members of the Commission or when the membership of the Commission is vacant. (2) Subject to subsection (3), a designation under subsection (1) shall be for a period not exceeding 12 months and on the expiry of the period the Commission shall— (a) renew the designation of the member of staff concerned, or (b) designate another member of staff to be the deputy commissioner. (3) A designation under this section may be revoked at any time by the Commission. Consultants and advisers. 18.—The Commission may, from time to time, engage such consultants or advisers as it may consider necessary to assist it in the discharge of its functions and any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Commission. Membership of House of Oireachtas, European Parliament and local authorities. 19.—(1) Where a commissioner— (a) accepts nomination as a member of Seanad Éireann, (b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, (c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or (d) becomes a member of a local authority, he or she shall thereupon cease to be a commissioner. (2) Where a member of the staff of the Commission— (a) accepts nomination as a member of Seanad Éireann, (b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or (c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, he or she shall thereupon stand seconded from his or her employment by the Commission and shall not be paid by, or be entitled to receive from, the Commission remuneration or allowances in respect of the period commencing on such nomination or election or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either such House or such Parliament. (3) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a commissioner or a member of the staff of the Commission. (4) A person who is a member of a local authority shall be disqualified from becoming a commissioner while he or she is a member of such local authority. (5) The Commission shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this section from becoming a commissioner while that person would be so disqualified. (6) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Commission for the purposes of any superannuation benefits. Disclosure of Interests. 20.—(1) Where a commissioner, a member of the staff of the Commission, or a consultant, adviser or other person engaged by the Commission, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Commission, he or she shall— (a) disclose to the Commission and in the case of disclosure by a commissioner where there is only one commissioner, that commissioner shall disclose to the Minister, the nature of his or her interest in advance of any consideration of the matter, (b) neither influence nor seek to influence a decision in relation to the matter, (c) take no part in any consideration of the matter, unless there are compelling reasons requiring him or her to do so, (d) if he or she is a commissioner, withdraw from a meeting of the Commission for so long as the matter is being discussed or considered by the Commission, and unless there are compelling reasons requiring him or her to do so, shall not vote or otherwise act in relation to the matter, and (e) prepare and furnish in advance to the Commission or Minister, as appropriate, a statement in writing of the compelling reasons aforesaid. (2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if— (a) he or she or any connected relative, or any nominee of his or her or any connected relative, is a member of an undertaking or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection, (b) he or she or any connected relative is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, (c) he or she or any connected relative is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or (d) any connected relative has a beneficial interest in, or material to, such a matter. (3) In subsection (2), “connected relative” means, in relation to a person to whom that subsection applies, the person's spouse or partner, parent, brother, sister, child or a child of a spouse or partner. (4) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, any matter, by reason only of an interest of his or her or of any undertaking or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter. (5) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Commission or, where there is only one commissioner, in the case of that commissioner, by the Minister. (6) Particulars of the determination under subsection (5) shall be recorded by the Commission in the minutes of the meeting concerned or by the Minister by letter addressed to the Commission. (7) Where a disclosure is made to the Commission or the Minister pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of any meeting concerned or by the Minister by letter addressed to the Commission. (8) Where a person referred to in this section, other than a commissioner, fails to make a disclosure in accordance with this section, the Commission shall decide the appropriate action (including removal from office or termination of contract) to be taken. (9) Where a commissioner fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken. Disclosure of confidential information. 21.—(1) Save as otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing duties as a commissioner, member of staff or an adviser or consultant to the Commission, unless he or she is duly authorised by the Commission to do so. (2) In this section, “duly authorised” means authorised by the Commission or by some person authorised in that behalf by the Commission for the purposes of this section. (3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 3 months, or to both. (4) (a) In this section, “confidential information” means that which is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description. (b) In expressing information to be confidential, the Commission shall have regard to the requirement to protect information of a confidential commercial nature. (5) Nothing in subsection (1) shall prevent the disclosure of information in a report made by or on behalf of the Commission to the Minister. (6) The Third Schedule to the Freedom of Information Act 1997 is amended by the insertion in Part I at the end thereof: (a) in column (2) of “Railway Safety Act 2005”, and (b) in column (3) of “ Section 21 (1)”. Superannuation for members of Commission. 22.—(1) The Minister shall, with the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of a commissioner ceasing to hold office. (2) Every scheme made under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons. (3) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section, including a scheme under this subsection. (4) If any dispute arises as to the claim of a commissioner to, or the amount of, any pension, gratuity or other allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her. (5) A scheme under this section shall be carried out by the Minister in accordance with its terms. (6) No pension, gratuity or other allowance shall be granted by the Minister to or in respect of any commissioner ceasing to hold office otherwise than in accordance with a scheme under this section or as otherwise may be approved of by the Minister with the consent of the Minister for Finance. (7) A scheme under this section shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Superannuation for staff of Commission. 23.—(1) The Commission shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Commission, including the deputy commissioner, as it may think fit. (2) Every scheme made under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons. (3) Every scheme made under subsection (1) may, with the consent of the Minister for Finance, be amended or revoked by a subsequent scheme prepared, submitted and approved under subsection (1). (4) A scheme made under subsection (1) submitted by the Commission to the Minister shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Commission in accordance with its terms. (5) No superannuation benefits shall be granted by the Commission nor shall any other arrangements be entered into by the Commission for the provision of such a benefit to or in respect of a member of the staff of the Commission otherwise than in accordance with a scheme under subsection (1) or otherwise as may be approved of by the Minister with the consent of the Minister for Finance. (6) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her. (7) A scheme under this section shall be laid before each House of the Oireachtas by the Commission as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. (8) Superannuation benefits granted under schemes under this section to persons who, immediately before the establishment day, were officers of the Minister and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before that day. (9) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of the Commission under section 16 , the benefit shall be calculated by the Commission in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with the Commission shall be aggregated with his or her previous pensionable service and shall be paid by the Commission. Resources made available by Minister. 24.—(1) The Minister may make available to the Commission, on a request being made by the Commission, such staff, premises, equipment, services and other resources as the Minister may determine from time to time in consultation with the Minister for Finance. (2) The Commission shall, on request from the Minister, pay to the Minister such sum or sums as the Minister may specify to be the expenses incurred by the Minister in making available to the Commission such staff, premises, equipment, services and other resources under subsection (1). (3) Where the Minister makes available to the Commission under subsection (1) any officer of the Minister, other than an officer referred to in section 14 (3) or section 16 (1), that officer shall remain an officer of the Minister and shall not be considered to be a member of the staff of the Commission save for the purpose of obligations under sections 20 and 21 . (4) An officer of the Minister, other than an officer referred to in section 14 (3) or section 16 (1), shall not be made available to the Commission under subsection (1) for any period exceeding 2 years. Grants to Commission. 25.—In each financial year there may be paid to the Commission out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the consent of the Minister for Finance and after consultation with the Commission in relation to its likely work programme and expenditure for a financial year, may sanction towards the expenses of the Commission in the performance of its functions. Levy. 26.—(1) Subject to subsection (2), for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions under this Act, the Commission, with the consent of the Minister and the Minister for Finance, may make regulations imposing a levy (“levy”) to be paid each year by such classes of railway undertakings as may be specified by the Commission in the regulations. (2) The Commission shall not impose levy before 31 December 2007. (3) Regulations made under subsection (1) may provide for the following— (a) rates of levy payable, (b) the keeping of records and the making of returns by persons liable to pay levy, (c) the collection and recovery of levy, (d) exemption from levy, and (e) such other matters as are necessary or incidental to the procurement of the payment of levy. (4) Levy shall be payable to the Commission at such time and at such rates as may be prescribed in regulations made by the Commission under subsection (1) and different rates may be prescribed in respect of different classes of railway undertakings liable to pay levy, and such regulations may provide for an exemption from payment of levy for railway undertakings whose operating revenue is below a threshold prescribed in the regulations. (5) Any increase in levy may only take effect in the year after the year in which the increase is made in regulations. (6) The Minister may, with the consent of the Minister for Finance, direct the Commission to pay into the Central Fund or the growing produce thereof, such sum as he or she may specify, being a sum that represents the amount by which the gross income received by the Commission in each financial year exceeds the gross expenditure incurred in the administration of its office in that year. (7) The Commission may recover, as a simple contract debt in any court of competent jurisdiction, from any person by whom it is payable any amount due and owing to it under this section. Borrowings. 27.—The Commission may, for the purpose of the performance of its functions, borrow money (whether on the security of its assets or otherwise), including money in a currency other than the currency of the State, but shall not do so without the consent of the Minister and the Minister for Finance. Accounts and annual report of Commission. 28.—(1) The Commission shall keep in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of moneys received or expended by it, including an income and expenditure account and a balance sheet. (2) Accounts kept in pursuance of this section shall be submitted, not later than three months after the end of the financial year to which they relate, by the Commission to the Comptroller and Auditor General for audit and, immediately after the receipt of the Comptroller and Auditor General's report on the accounts, a copy of the income and expenditure account, the balance sheet and of such other (if any) accounts kept pursuant to this section as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas. (3) As soon as practicable, but not later than 3 months after the end of each financial year, the Commission shall, in writing, report to the Minister in relation to the performance of its functions in that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas within 3 months of its receipt by him or her. (4) The Minister may give directions in writing to the Commission in regard to the format and content of a report under subsection (3), but such directions shall not require the Commission to include in such report details which could, in the opinion of the Commission, be prejudicial to the performance of its functions. (5) The Commission shall give to the Minister such information relating to the performance of its functions as the Minister may request provided that such information would not, in the opinion of the Commission, be prejudicial to the performance of its functions. (6) The financial year of the Commission shall be the period of 12 months ending on 31 December in any year and, for the purposes of this section and section 25 , the period commencing on the establishment day and ending on the following 31 December shall be deemed to be a financial year. Statement of strategy. 29.—(1) The Commission shall adopt and submit to the Minister a statement of strategy within 6 months of the establishment day and at least every 3 years from the submission date of the first statement. (2) The statement of strategy shall— (a) comprise the key objectives, outputs and related strategies, including use of resources, of the Commission, (b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister, and (c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Commission. (3) The Commission shall publish a statement of strategy adopted by it and shall lay a copy before each House of the Oireachtas. Publication of reports of Commission. 30.—Subject to sections 28 and 60 , the Commission may publish any reports on matters related to its functions. Accountability of Commission to Committees of Oireachtas. 31.—(1) The commissioner, or where there is more than one commissioner, the chairperson of the Commission shall, whenever required by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, attend before and give evidence to that Committee on— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Commission is required by or under statute to prepare, (b) the economy and efficiency of the Commission in the use of its resources, (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann. (2) From time to time, and whenever so requested, the Commission shall account for the performance of its functions to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to its functions. Premises of Commission. 32.—The Commission may, for the purposes of providing premises necessary for the performance of its functions, purchase, lease, equip and maintain offices and premises with the consent of the Minister and the Minister for Finance. Seal of Commission. 33.—(1) The Commission shall, as soon as may be after its establishment, provide itself with a seal. (2) The seal shall be authenticated by the signature of— (a) a commissioner, or (b) a member of the staff of the Commission, authorised by the Commission to act in that behalf. (3) Judicial notice shall be taken of the seal of the Commission and every document purporting to be an instrument made by and to be sealed with the seal of the Commission (purporting to be authenticated in accordance with this section) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. Commission to keep itself informed on certain matters. 34.—(1) The Commission shall keep itself informed of the policies, objectives, resolutions and guidelines of any public authority the functions of which have, or may have, a bearing on the matters with which the Commission is concerned. (2) In this section, “public authority” means the Minister, the Commission of the European Communities and any other public authority inside or outside the State which, in the opinion of the Commission, has functions that have, or may have, a bearing on matters with which the Commission is concerned. Provision of services. 35.—The Commission may provide services (including services of staff) to the Minister on such terms and conditions (including payment for such services) as may be agreed and the Minister may avail of such services. PART 3 General Duties of Railway Undertakings, Persons Working on Railways and Other Persons General duties of railway undertakings. 36.—It shall be the general duty of a railway undertaking to ensure, in so far as is reasonably practicable, the safety of persons in the operation of its railway. General duties of persons working on railways and other persons. 37.—(1) It shall be the general duty of a person working in the course of the operation of a railway undertaking, and of any person being on a railway or railway premises or railway land or on a train, to conduct himself or herself in such a way as to ensure in so far as is reasonably practicable that no person (including himself or herself) is exposed to danger as a consequence of any act or omission of his or hers. (2) It shall be the general duty of a person working in the course of the operation of a railway undertaking, while on duty, not to be under the influence of an intoxicant to such an extent as to expose a person (including himself or herself) to danger or risk of danger as a consequence of being under such influence. (3) It shall be the general duty of every person, in carrying out any activity on or near a railway or railway premises or railway land, to ensure in so far as is reasonably practicable that no person who is involved in the operation of a railway or who is being carried on a railway is exposed to danger as a consequence of any act or omission on the part of such person. PART 4 Safety Management Systems and Safety Case Commencement (Part 4). 38.—This Part shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions. Safety management systems and safety case. 39.—(1) For the purpose of complying with its duty under section 36 , a railway undertaking shall implement a safety management system and shall prepare a document (“safety case”) describing the components of such safety management system. (2) A safety case shall achieve the following two objectives— (a) it shall demonstrate that the railway undertaking has the ability to properly assess and effectively control risks to the safety of persons, in compliance with its general duty under section 36 , and (b) it shall provide a working document by which the railway undertaking and the Commission can ensure that the safety systems described in the safety case are being properly implemented and continue to be maintained. (3) To achieve the objectives referred to in subsection (2), a safety case shall contain at least the following components— (a) a general description of the operations, or proposed operations, of the railway undertaking, (b) a statement of the safety objectives and safety policy of the railway undertaking, (c) an identification of the hazards arising from the operations of the railway unde …