The Office of Rail Regulation confirmed today it has started criminal proceedings against the track owner after the Virgin Trains service from London Euston to Glasgow Central derailed killing Margaret Masson and injuring 86 others.

Network Rail is facing a charge under section 3(1) of the Health and Safety at Work etc Act 1974.

This results from the company’s failure to provide and implement suitable and sufficient standards, procedures, guidance, training, tools and resources for the inspection and maintenance of fixed stretcher-bar points.

Ian Prosser, Director of Railway Safety at ORR, said: “ORR has conducted a thorough investigation into whether criminal proceedings should be brought in relation to the train derailment near Grayrigg on 23 February 2007, which caused the death of Mrs Masson and injured 86 people.

“Following the coroner’s inquest into the death of Mrs Masson, I have concluded that there is enough evidence, and that it is in the public interest, to bring criminal proceedings against Network Rail for a serious breach of health and safety law which led to the train derailment.

“The railway today is as safe as it has ever been but there can be no room for complacency. The entire rail industry must continue to strive for improvements to ensure that public safety is never put at risk.”

The first hearing is due to take place at Lancaster Magistrates’ Court on February 24.

Network Rail managing director Robin Gisby said: “Network Rail has not hidden from its responsibilities – the company accepted quickly that it was a fault with the infrastructure that caused the accident.

“We again apologise to Mrs Masson’s family.

“Since the derailment Network Rail has worked closely with the authorities, conducted comprehensive and detailed investigations and made substantial changes to its maintenance regime.”