Contents (2008 - 97)
Rail Safety Act 2008 No 97
106 Power to obtain information, documents and evidence
(1) A rail safety officer may, by notice in writing served on a person, require the person to do any one or more of the following things if the officer has reasonable grounds to believe that the person is capable of giving information, producing documents or giving evidence in relation to a possible contravention of a rail safety law or for the purposes of an audit, investigation, rail safety inquiry or other inquiry under this Act:(a) to give a rail safety officer, in writing signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, any such information of which the person has knowledge,(b) to produce to a rail safety officer in accordance with the notice any such documents,(c) to appear before a rail safety officer at a time and place specified in the notice and give, either orally or in writing, any such evidence and produce any such documents.(2) A notice under this section must contain a warning that a failure to comply with the notice is an offence.(3) A rail safety officer may inspect a document produced in response to a notice under this section and may make copies of, or take extracts from, the document.(4) A rail safety officer may take possession, and retain possession for as long as is necessary for the purposes of this Act, of a document produced in response to a notice under this section if the person otherwise entitled to possession of the document is supplied, as soon as practicable, with a copy certified by a rail safety officer to be a true copy.(5) A certified copy provided under subsection (4) is receivable in all courts as if it were the original.(6) Until a certified copy of a document is provided under subsection (4), the rail safety officer who has possession of the document must, at such times and places as the officer thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect the document and make copies of, or take extracts from, the document.