42Non-feasance protection for failure to carry out railway works

42 Non-feasance protection for failure to carry out railway works

(1)  The Crown is not liable in proceedings in respect of a claim for any loss or damage arising from a failure of the Crown to carry out or consider carrying out railway works unless, at the time of the alleged failure, the Crown had actual knowledge of the facts creating the particular risk the materialisation of which resulted in the harm.

(2)  This section does not operate –

(a) to create a duty of care in respect of a risk merely because the Crown or a Rail Infrastructure Manager has actual knowledge of the risk; or

(b) to affect any standard of care that would otherwise be applicable in respect of a risk.

(3)  In this section –

Crown includes, if the Rail Infrastructure Owner is a person other than the Crown, that person.