39.—(1) It is the duty of the [F1Office of Rail Regulation] [F1Office of Rail and Road] to make adequate arrangements for the enforcement of these Regulations in Great Britain.
(2) Subject to paragraph (5), the provisions of the 1974 Act specified in paragraph (3) (the “specified provisions”) apply for the purposes of the enforcement of these Regulations in Great Britain as if in the specified provision—
(a)a reference to the “enforcing authority” was a reference to the [F1Office of Rail Regulation] [F1Office of Rail and Road];
(b)a reference to the “relevant statutory provisions” was a reference to these Regulations and to the specified provisions; and
(c)a reference to “health and safety regulations” was a reference to these Regulations.
(3) The provisions of the 1974 Act referred to in paragraph (2) are—
(a)sections 19 and 20 (appointment and powers of inspectors) M1, excluding section 20(3);
(b)sections 21 and 22 (improvement and prohibition notices) M2;
(c)section 23 (provisions supplementary to sections 21 and 22) M3, excluding section 23(3) and (6);
(d)section 24 (appeal against improvement and prohibition notices) M4;
(e)section 26 (power to indemnify inspectors);
(f)section 28 (restrictions on disclosure of information); M5
(g)sections 33(1)(c), (e) to (h), (j) to (o), 34(2) to (5), 36(1) and (2), 37 to 41 and 42(1) to (3) (provision as to offences) M6; and
(h)section 46 (service of notices).
(4) The mode of trial and maximum penalty applicable to each offence under section 33 of the 1974 Act so applied and listed in the first column of the following table are set out opposite that offence in the subsequent columns of the table.
| Offence | Mode of trial | Penalty on summary conviction | Penalty on conviction on indictment |
|---|---|---|---|
| An offence under section 33(1)(c), (e), (f), (g), (j), (k), (l), (m) or (o). | Summarily or on indictment. | Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale as it has effect from time to time (as if the offence was triable only summarily), or both. | Imprisonment for a term not exceeding two years, or a fine, or both. |
| An offence under section 33(1)(h). | Summarily only. | Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale as it has effect from time to time, or both. | |
| An offence under section 33(1)(n). | Summarily only. | A fine not exceeding level 5 on the standard scale as it has effect from time to time. |
(5) A failure to discharge a duty placed on the [F1Office of Rail Regulation] [F1Office of Rail and Road], the Secretary of State, or the Intergovernmental Commission by these Regulations is not an offence under section 33(1)(c) of the 1974 Act.
Textual Amendments
F1Words in reg. 39 substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 9(c)
Marginal Citations
M1Section 20(7) was amended by the Civil Partnership Act 2004 (c.33), Schedule 27, paragraph 49.
M2Section 22(1) and (2) were amended by, and section 22(4) was substituted by, the Consumer Protection Act 1987 (c.43), Schedule 3.
M3Section 23(4) was amended for England and Wales by the Fire and Rescue Services Act 2004 (c.21), Schedule 1, paragraph 44, and by S.I. 2005/1541. Corresponding amendments were made for Scotland by S.S.I. 2005/383 and S.S.I. 2006/475.
M4Section 24(2) and (4) were amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2) (a).
M5Section 28(4) was substituted by S.I. 2008/960. Section 28(5) was amended by S.I. 2004/3363. Section 28(9) was inserted by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 9. There are other amendments to section 28 not relevant to these Regulations.
M6Section 33(1)(c) was amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraph 11, and Schedule 18. Section 33(1)(m) was amended by the Forgery and Counterfeiting Act 1981 (c.45), the Schedule, Part 1.