(1) If a safety work infringement notice is not delivered personally to the rail safety worker to whom it was issued, and the rail safety worker is not in fact aware, before the notice takes effect as a conviction, that it had been issued, the rail safety worker may, within 7 days after becoming aware of it, apply in accordance with the regulations to the Magistrates' Court to have the time for objecting to the notice extended.
(2) The court must not grant an extension of time unless it is satisfied that the rail safety worker was not in fact aware, before the infringement notice took effect as a conviction, that it had been issued.
(3) If the court grants an extension of time, and if a notice of objection is given, in accordance with section 95(2) or with any order made by the court, before the expiry of the extended time, the giving of the notice has the effect that—
(a) the conviction is set aside; and
(b) any of the procedures set out in the Infringements Act 2006 that are being used for the enforcement of the amount specified in the safety work infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Act ceases to have effect; and
(c) the safety work infringement notice is cancelled; and
(d) the rail safety worker may only be proceeded against by the filing of a charge-sheet charging the alleged offence.
(4) Despite anything to the contrary in any other Act, a charge-sheet referred to in subsection (3)(d) may be filed not later than 12 months after the date of the notice of objection.