PART 6Enforcement

Enforcement in Great BritainI134

1

It shall be the duty of the Office of Rail Regulation to make adequate arrangements for the enforcement of these Regulations in Great Britain and accordingly a reference to the enforcing authority in the provisions applied for those purposes by paragraph (3) shall be construed as a reference to the Office of Rail Regulation.

2

Subject to paragraph (4), the provisions of the 1974 Act18 specified in paragraph (3) shall apply for the purposes of the enforcement in Great Britain of these Regulations as if they were Health and Safety Regulations for the purposes of that Act.

3

The provisions of the 1974 Act referred to in paragraph (2) are—

a

sections 19 to 22 (enforcement);

b

sections 23 (provisions supplementary to sections 21 and 22) and 24 (appeal against improvement or prohibition notice);

c

section 26 (power to indemnify inspectors); and

d

sections 33 to 42 (provision as to offences).

4

A failure to discharge a duty placed on the—

a

Office of Rail Regulation; or

b

Safety Authority,

by these Regulations shall not be an offence under section 33(1)(c) of the 1974 Act.