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REGULATION OF RAILWAYS ACT 1871

REGULATION OF RAILWAYS ACT 1871 - LONG TITLE

owers of inspectors of railways.  Definition rep. by 1962 c.30 s.30(2)(d) sch.4 Pt.IV

3. The Board of Trade may from time to time appoint any person to
be inspector for the purpose of inspecting any railway and of
making any inquiry with respect to any railway or into the cause
of any railway accident which the Board of Trade are authorized to
make or direct, and of enabling the Board of Trade to carry the
provisions of any general Act relating to railways into execution,
or for any of such purposes: Provided that no person so appointed
shall exercise any powers of interference in the affairs of any
company.(1)He may enter and inspect any railway and all the
stations, works, buildings, offices, stock, plant, and machinery
belonging thereto:

(2)He may by summons under his hand require the attendance of any
person who is engaged in the management, service, or employment of
a company as defined by this Act, and whom he thinks fit to call
before him and examine for the said purpose, and may require
answers or returns to such inquiries for the said purpose as he
thinks fit to make from such person or company:

(3)He may require and enforce the production of all books, papers,
and documents of a company which he considers important for the
said purpose.

REGULATION OF RAILWAYS ACT 1871 - SECT 5
| 4. {2} Every inspector under this Act shall for the purposes of
any inspection or inquiry which he is directed by the Board of
Trade to make or conduct have the following powers; (that is to
say,)

5. The provisions of the Regulation of Railways Act, 1842, and the
Acts amending the same, with respect to the opening of any railway,
shall extend to the opening of any additional line of railway,
deviation line, station, junction, or crossing on the level which
forms a portion of or is directly connected with a railway on
which passengers are conveyed, and has been constructed subsequently
to the inspection of such railway on behalf of the Board of Trade
previous to the original opening of such railway: Provided always,
that the Board of Trade may, with respect to any of the works in
this section mentioned, from time to time upon the application of
any railway company dispense with any notice which under the
provisions of the said Acts, is required to be given to the Board
of Trade previous to opening any railway.

REGULATION OF RAILWAYS ACT 1871 - SECT 6

6. Where in or about any railway or any of the works or buildings
connected with such railway, or any building or place, whether open
or enclosed, occupied by the company working such railway, any of
the following accidents takes place in the course of working any
railways; (that is to say,)(2)Any collision where one of the trains
is a passenger train;

(3)Any passenger train or any part of a passenger train accidentally
leaving the rails;

(4)Any accident of a kind not comprised in the foregoing
descriptions, but which is of such a kind as to have caused or to
be likely to cause loss of life or personal injury, and which may
be specified in that behalf by any order to be made from time to
time by the Board of Trade,

Such notice shall be in such form and shall contain such
particulars as the Board of Trade may from time to time direct,
and shall be sent by the earliest practicable post after the
accident takes place.Every company who fail to comply with the
provisions of this section shall be liable for each offence to a
penalty not exceeding twenty pounds.(1)The Board of Trade may, by
the same or any subsequent order, appoint any person or persons
possessing legal or special knowledge to assist an inspector in
holding the same, or may direct the county court judge, stipendiary
magistrate, ..., or other person or persons named in the same or
any subsequent order, to hold the same with the assistance of an
inspector or any other assessor or assessors named in the order:

(2)The persons holding any such formal investigation (herein-after
referred to as the court) shall hold the same in open court in
such manner and under such conditions as they may think most
effectual for ascertaining the causes and circumstances of the
accident, and enabling them to make the report in this section
mentioned:

(3)The court shall have for the purpose of such investigation all
the powers of a court of summary jurisdiction when acting as a
court in the exercise of its ordinary jurisdiction, and all the
powers of an inspector under this Act, and in addition the
following powers; namely,

(a)They may enter and inspect any place or building the entry or
inspection whereof appears to them requisite for the said purpose:

(b)They may by summons under their hands require the attendance of
all such persons as they think fit to call before them and examine
for the said purpose, and may for such purpose require answers or
returns to such inquiries as they think fit to make:

<(c)They may require and enforce the production of all books, papers, and documents which they consider important for the said purpose:

(d)They may administer an oath, and require any person examined to
make and sign a declaration of the truth of the statements made by
him in his examination:

<(e)Every person so summoned not being a person engaged in the management, service, or employment of a company, or otherwise connected with a company, shall be allowed such expenses as would be allowed to a witness attending on subp-na before a court of record; and in case of dispute as to the amount to be allowed, the same shall be referred by the court to a master of one of the superior courts, who, on request under the hands of the members of the court, shall ascertain and certify the proper amount of such expenses.

(4)The inspector making an inquiry into any accident and the court
holding an investigation of any accident shall make a report to the
Board of Trade stating the causes of the accident and all the
circumstances attending the same, and any observations thereon or on
the evidence or on any matters arising out of the investigation
which they think right to make to the Board of Trade, and the
Board of Trade shall cause every such report to be made public in
such manner as they think expedient.

S.9 rep. by SLR 1960. S.10 rep. by 1946 c.13 (NI) s.16(3) sch.;
SLR 1960

REGULATION OF RAILWAYS ACT 1871 - SECT 11
| 7. The Board of Trade may direct an inquiry to be made by an
inspector into the cause of any accident, of which notice is for
the time being required by or in pursuance of this Act to be sent
to the Board of Trade; and where it appears to the Board of
Trade, either before or after the commencement of any such inquiry,
that a more formal investigation of the accident, and of the causes
thereof, and of the circumstances attending the same, is expedient,
the Board of Trade may, by order, direct such investigation to be
held, and with respect to such investigation the following provisions
shall have effect:

11. If any person, without reasonable excuse (proof whereof shall
lie on him), does any of the following things; namely,(2)Prevents or
impedes the inspector or such court in the execution of his or
their duty,

REGULATION OF RAILWAYS ACT 1871 - SECT 12
>(1) Having been summoned, and having had the expenses (if any) to
which he is entitled tendered to him, fails to attend as a witness
before any inspector under this Act, or before a court holding an
investigation under this Act, or fails when required by the
inspector or such court in pursuance of this Act so to do, to
make any answer, or to give any return, or to produce any
document, or to make or sign any declaration; or

12. Where a railway company under a contract for carrying persons,
animals, or goods by sea procure the same to be carried in a
vessel not belonging to the railway company, the railway company
shall be answerable in damages in respect of loss of life or
personal injury, or in respect of loss of or damage to animals or
goods, in like manner and to the same amount as the railway
company would be answerable if the vessel had belonged to the
railway company; provided that such loss of life or personal injury,
or loss or damage to animals or goods, happens to the person,
animals, or goods (as the case may be) during the carriage of the
same in such vessel, the proof to the contrary to lie upon the
railway company.

S.13 rep. by SLR 1883; SLR 1950. S.14 rep. in part by SLR 1883,
residue spent

REGULATION OF RAILWAYS ACT 1871 - SECT 15

15. Every penalty imposed by this Act shall be recovered and
applied in the same manner as penalties imposed by the Railway
Clauses Consolidation Act, 1845, are for the time being recoverable
and applicable.

S.17 rep. by SLR 1883. S.18 rep. by SLR 1893 (No.2)

Schedule One rep. by SLR 1960

Railways and the conveyance of

troops.

the construction of future Railways

authorized or to be authorized by

any Act of the present or succeeding

Sessions of Parliament; and for

other purposes in relation to

Railways.






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URL: http://www.bailii.org/nie/legis/num_act/rora1871252.txt