(a) in connection with his duty, an employee of the Corporation negligently does or omits to do anything in relation to the condition or operation of a part of the railway or railway premises after that part has come into operation; and
(b) by that act or omission, the safety of a person being on the railway or on railway premises is endangered, or is likely to be endangered,
the employee commits an offence and is liable-
(i) except as provided in paragraph (ii), to a fine at level 2; or
(ii) if the act or omission results in serious injury to or the death of a person being on the railway or railway premises, to a fine at level 2 and to imprisonment for 6 months.
(2) For the purposes of this section, negligence is the failure to exercise the care or skill that a reasonable employee in the situation would exercise.