Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_45
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 45
Character Range: 60192–62082

45  Immediate suspension of accreditation
 (1) If the Rail Safety Regulator considers that there is, or would be, an immediate and serious risk to safety unless an accreditation is suspended immediately, the Rail Safety Regulator may, without complying with section 44(3) or (4), by written notice given to the accredited person, immediately suspend the accreditation of the person—
 (a) wholly, or in respect of particular railway operations specified in the notice; and
 (b) for a specified period, not exceeding 6 weeks.
 (2) The Rail Safety Regulator may, by notice in writing given to a person whose accreditation is suspended wholly or in part—
 (a) reduce the period of suspension specified in a notice under sub‑section (1); or
 (b) extend the period of suspension specified in a notice under sub‑section (1) but not so that the suspension continues for more than 6 weeks after the date of the notice under that sub‑section.
 (3) The Rail Safety Regulator may withdraw a suspension of the accreditation of a person by written notice given to the person.
 (4) Before making a decision under sub‑section (2)(b) to extend a period of suspension, the Rail Safety Regulator—
 (a) must notify the person in writing—
 (i) that the Rail Safety Regulator is considering extending the period of suspension for the reasons specified in the notification; and
 (ii) that the person may, within 7 days or such longer period as is specified in the notification, make representations to the Rail Safety Regulator showing cause why the suspension should not be extended; and
 (b) must consider any representations made under paragraph (a)(ii) and not withdrawn.
 (5) If the Rail Safety Regulator extends the suspension of the person, the Rail Safety Regulator must include in the notice extending the suspension the reasons for the extension and information about the right of review under Part 6.