The railway company bears the burden, as we in the heritage sector know well.
Maybe ... unless they escaped through another fence, onto a road, and then go onto the railway at a level crossing, perhaps?
In 2014
ORR» held a consultation on updating a load of minor regulations on safety (i.e. those not covered by the main
EU» -derived laws). Did you miss it? After several inputs on this topic, they decided not to change the rules on fencing.
Their parting comment on it was:
We sent the final draft of the regulations and impact assessment to the Department for Transport in June 2015 which will enable the regulations to be laid before Parliament. The regulations and impact assessment will now go through the Department's clearance processes and the effective date for the new regulations is expected to be in 2016. In the meantime we are preparing draft guidance to the regulations.
I can't find anything since then, not from ORR, nor
DfT» , nor in The Safety Legislation Update from
RSSB▸ . So it looks as if, either way, The Railway Safety (Miscellaneous Provisions) Regulations 1997 still apply:
Unauthorised access
3.—(1) So far as is reasonably practicable, a person in control of any infrastructure of a transport system to which this regulation applies shall ensure, where and to the extent necessary for safety, that unauthorised access to that infrastructure is prevented.
(2) In paragraph (1) “access” means access by any person not at work on the transport system or by any animal.
(3) This regulation applies to any transport system except that it does not apply to any part of such a system which—
(a)is within a harbour, harbour area, maintenance or goods depot; or
(b)is part of a factory, mine or quarry,
where access to the harbour, harbour area, maintenance or goods depot, factory, mine or quarry is adequately controlled.
(4) Breach of a duty imposed by this regulation shall not confer a right of action in any civil proceedings.
I'm not sure of the point, or the effect, of that final
loopholeexclusion. Does it mean farmers have to do temporary repairs themselves to protect their stock? It should prompt them to report damage and pester the railway to do repairs, at least.
I suspect there may be a few cases where the boundary (e.g. a wall) is owned by the neighbouring property, for whatever reason, and upkeep is the neighbour's responsibility. But that would be the exception, as when the railways were built they had to protect (often influential landowners') livestock from their dangerous new-fangled train things.