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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 23 November 2017 at 03:49)
Part 3 Division 4 Section 53
53   Suspension or revocation of accreditation
(1)  The ITSRR may take action under this section in respect of an accredited person if:
(a)  the ITSRR considers that the person is no longer able to demonstrate to the satisfaction of the ITSRR the matters referred to in section 39 or to comply with the conditions or restrictions of accreditation, or
(b)  the ITSRR considers that the person is not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the person’s accreditation relates and has not done so for the preceding 12 months, or
(c)  the accredited person contravenes this Act or the regulations.
(2)  The ITSRR may take any of the following actions:
(a)  suspend the accreditation (wholly or in part) for a period determined by the ITSRR,
(b)  revoke the accreditation (wholly or in part) with immediate effect or with effect from a specified date,
(c)  impose conditions or restrictions on the accreditation,
(d)  vary the conditions or restrictions of the accreditation,
(e)  if the accreditation is revoked, declare that the person is disqualified from applying for accreditation, or for accreditation in relation to specified railway operations, during a specified period.
(3)  Before making a decision to take action under subsection (2), the ITSRR must notify the accredited person in writing that:
(a)  the ITSRR is considering making a decision of the kind specified in the notice, for the reasons specified in the notice, and
(b)  the person may, within 28 days or any longer period that is specified in the notice, make written representations to the ITSRR showing cause why the decision should not be made.
(4)  The ITSRR must, before taking action under subsection (2), consider any written representations made within the period specified in the notice and not withdrawn.
(5)  The ITSRR must include in any notice of suspension or revocation of the accreditation of an accredited person the reasons for the suspension or revocation and information about the right of review under section 157.
(6)  If the ITSRR suspends or revokes the accreditation of a person who is accredited in another jurisdiction, the ITSRR must give notice of the suspension or revocation to the relevant corresponding Rail Safety Regulator.
(7)  The ITSRR may withdraw suspension of the accreditation of a person by written notice given to the person.