29Duties of designers, manufacturers, suppliers etc

29 Duties of designers, manufacturers, suppliers etc

(1) A person who— (a) designs, commissions, manufactures, supplies, installs or erects any thing; and (b) knows, or ought reasonably to know, that the thing is to be used as or in connection with rail infrastructure or rolling stock— must— (c) ensure, so far as is reasonably practicable, that the thing is safe if it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected; and (d) carry out, or arrange the carrying out, of such testing and examination of the thing as may be necessary for compliance with this section; and (e) take such action as is necessary to ensure, so far as is reasonably practicable, that there will be available in connection with the use of the thing adequate information about— (i) the use for which the thing was designed, commissioned, manufactured, supplied, installed or erected; and (ii) the results of any testing or examination referred to in paragraph (d); and (iii) any conditions necessary to ensure, so far as is reasonably practicable, the thing is safe if it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected.

Penalty: In the case of a natural person—

Penalty: In the case of a body corporate—

(2) A person who decommissions any rail infrastructure or rolling stock must— (a) ensure, so far as is reasonably practicable, that the decommissioning is carried out safely; and (b) carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section.

Penalty: In the case of a natural person

Penalty: In the case of a body corporate

(3) An offence against sub‑section (1) or (2) is an indictable offence. (4) For the purposes of sub‑section (1), if the person who supplies the thing— (a) carries on the business of financing the acquisition of the thing by customers; and (b) has, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and (c) has not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer— the reference in sub‑section (1) to the person who supplies that thing is instead taken to be a reference to the third person.