reg 39 Enforcement in Great Britain
(1) It is the duty of the Office of Rail Regulation Office of Rail and Road to make adequate arrangements for the enforcement of these Regulations in Great Britain. (2) Subject to paragraph (5), the provisions of the 1974 Act specified in paragraph (3) (the “specified provisions”) apply for the purposes of the enforcement of these Regulations in Great Britain as if in the specified provision— (a) a reference to the “ enforcing authority ” was a reference to the Office of Rail Regulation Office of Rail and Road ; (b) a reference to the “ relevant statutory provisions ” was a reference to these Regulations and to the specified provisions; and (c) a reference to “health and safety regulations” was a reference to these Regulations. (3) The provisions of the 1974 Act referred to in paragraph (2) are— (a) sections 19 and 20 (appointment and powers of inspectors) , excluding section 20(3); (b) sections 21 and 22 (improvement and prohibition notices) ; (c) section 23 (provisions supplementary to sections 21 and 22) , excluding section 23(3) and (6); (d) section 24 (appeal against improvement and prohibition notices) ; (e) section 26 (power to indemnify inspectors); (f) section 28 (restrictions on disclosure of information); (g) sections 33(1)(c), (e) to (h), (j) to (o), 34(2) to (5), 36(1) and (2), 37 to 41 and 42(1) to (3) (provision as to offences) ; and (h) section 46 (service of notices). (4) The mode of trial and maximum penalty applicable to each offence under section 33 of the 1974 Act so applied and listed in the first column of the following table are set out opposite that offence in the subsequent columns of the table. (5) A failure to discharge a duty placed on the Office of Rail Regulation Office of Rail and Road , the Secretary of State, or the Intergovernmental Commission by these Regulations is not an offence under section 33(1)(c) of the 1974 Act.