Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_44
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 57592–60192

44  Revocation or suspension of accreditation
 (1) This section applies in respect of an accredited person if—
 (a) the Rail Safety Regulator considers that the accredited person—
 (i) is no longer able to demonstrate to the satisfaction of the Rail Safety Regulator the matters referred to in section 34 or to satisfy the conditions of the accreditation; or
 (ii) is not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the accreditation relates and has not done so for at least the preceding 12 months; or
 (b) the accredited person contravenes this Act or the regulations.
 (2) The Rail Safety Regulator—
 (a) may suspend the accreditation, or part of the accreditation, of the accredited person for a period determined by the Rail Safety Regulator; or
 (b) may revoke the accreditation of the accredited person wholly, or in respect of particular railway operations specified in the notice, with immediate effect or with effect from a specified future date; or
 (c) may impose conditions or restrictions on the accreditation; or
 (d) may vary conditions or restrictions to which the accreditation is subject—
and, if the Rail Safety Regulator revokes the accreditation, the Rail Safety Regulator may declare that the accredited person is disqualified from applying for accreditation, or for accreditation in relation to specified railway operations, during a specified period.
 (3) Before making a decision under sub‑section (2), the Rail Safety Regulator—
 (a) must notify the person in writing—
 (i) that the Rail Safety Regulator is considering making a decision under sub‑section (2) of the kind, and for the reasons, specified in the notice; and
 (ii) that the person may, within 28 days or such longer period as is specified in the notice, make representations to the Rail Safety Regulator showing cause why the decision should not be made; and
 (b) must consider any representations made under paragraph (a)(ii) and not withdrawn.
 (4) If the Rail Safety Regulator suspends or revokes the accreditation of the accredited person wholly, or in respect of specified railway operations, the Rail Safety Regulator must include in the notice of suspension or revocation the reasons for the suspension or revocation and information about the right of review under Part 6.
 (5) If the Rail Safety Regulator suspends or revokes the accreditation of a person who is accredited in another jurisdiction, the Rail Safety Regulator must give notice of the suspension or revocation to the relevant corresponding Rail Safety Regulator.