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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 21 October 2017 at 14:08)
Part 4 Division 3 Section 81
81   Examination by a court of train safety recording
(1)  This section applies if a court examines a train safety recording under section 80.
(2)  The only persons who may be present at the examination are:
(a)  the person or persons constituting the court, other than the members of the jury (if any), and
(b)  the legal representatives of the parties to the proceedings, and
(c)  such other persons (if any) as the court directs.
(3)  The court may direct that the train safety recording or the part of the train safety recording, or any information obtained from the recording or part of the recording, must not:
(a)  be published or communicated to any person, or
(b)  be published or communicated except in such manner, and to such persons, as the court specifies.
(4)  The train safety recording, or that part of the train safety recording, is not evidence for the purpose of the determination of the liability in the proceedings of a rail safety worker the subject of a recording.
(5)  If there are 2 or more defendants in the proceedings of whom at least one is a rail safety worker the subject of a recording and the remaining defendant or defendants are not rail safety workers the subject of a recording, the train safety recording, or that part of the train safety recording, is evidence for the purpose of determining whether or not any rail safety worker has been negligent for the purposes only of determining the liability in the proceedings of any defendant who is not a rail safety worker the subject of a recording.