§ Mr. Gordon PrenticeTo ask the Secretary of State for Transport (1) what legislative provisions regulate physical access to the permanent way; and what responsibilities Railtrack has to protect the public by ensuring that the railway is adequately fenced; [34736]
(2) how many miles of unfenced railway line run through urban areas. [34737]
§ Mr. WattsUnder section 16 of the Railway Regulation Act 1840, section 23 of the Regulation of Railways Act 1868, section 55 of the British Transport Commission Act 1949 and railway byelaws, it is an offence to trespass on the railway.
Railtrack has a statutory duty under section 10 of the Railways Regulation Act 1842 and section 68 of the Railways Clauses Consolidation Act 1945 to ensure that fencing is provided and maintained for its railway lines. In certain limited cases, lines may be exempt from the requirement for fencing by the terms of the old private Act or the light railway order which originally authorised their construction. However, I understand that in some of these cases fencing is in fact provided even though the Act or order does not require it.
Following a review of existing railway safety legislation, the Health and Safety Commission has consulted on new draft regulations, including one which would require infrastructure controllers, so far as is reasonably practicable, to prevent unauthorised access by persons or animals which could endanger health or safety.
Railtrack is also subject to the same duties and liabilities in respect of persons on its premises as any other public limited company. These duties include the general requirements of the Health and Safety at Work, etc. Act 1974, including the duty to conduct the undertaking in such a way as to ensure, so far as is reasonably practicable, that persons are not exposed to risks to their health or safety.