HSE prosecute Network Rail and Amey Rail

E146:05 4 November 2005

The Health and Safety Executive (HSE) announced today that it will prosecute Network Rail Infrastructure Ltd and Amey Rail Ltd in connection with the partial derailment of a high-speed train near Southall station, West London in November 2002.

Both Network Rail and Amey each face a criminal charge for a breach of Section 3(1) of the Health and Safety at Work etc Act 1974. HSE allege that by failing to adequately install or maintain the railway line, the companies exposed people to unacceptable risks.

At around 20.05 on Sunday 24 November 2002 the leading bogie of the fifth coach of a First Great Western, Swansea to London express derailed East of Southall station. It travelled a further two miles before coming to a halt just before West Ealing station. At the time of the derailment the train was carrying 450 passengers and travelling at approximately 120 mph. All carriages remained upright and no passengers or staff were injured as an immediate result of the incident.

The preliminary date for the first hearing in the City of London Magistrates' Court is 8 December 2005, at 10.30am.

Notes to editors

1. Section 3(1) of the Health and Safety at Work Act etc 1974 states "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

2. The maximum penalty in the Magistrates' Court for a single offence of breaching Section 3 of HSWA is a fine of up to £20,000. It is open to Magistrates to commit cases for trial or sentencing to the Crown Court, where the maximum penalty for the same offence would be an unlimited fine.

3. You are advised to check the time and date of the hearing with the Court nearer the time to ensure that the case has not been put back.

4. Now that criminal proceedings have commenced your attention is drawn to the fact that the provisions of the Contempt of Court Act apply to this matter.

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