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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

© 1871 Crown Copyright

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