that a relevant operator is contravening, or is likely to contravene, any relevant condition or requirement, and

that it is requisite that a provisional order be made,

F2it is satisfied that the relevant operator to whom the order relates is contravening, or is likely to contravene, any relevant condition or requirement; and

the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition or requirement.

that the duties imposed on F2it by section 4 F4above F5. . . preclude the making or, as the case may be, the confirmation of the order;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9the Secretary of State has or (as the case may be) those Ministers havegiven notice to F10the Office of Rail Regulation specifying a period within which F11it may give notice to F12him or them if F11it considers that the most appropriate way of proceeding is under the M1Competition Act 1998;

that period has expired; and

F10the Office of Rail Regulation has not given notice to F13the Secretary of State or (as the case may be) the Scottish Ministerswithin that period that F11it so considers (or, if F11it has, F11it has withdrawn it).

that the relevant operator has agreed to take, and is taking, all such steps as it appears to the appropriate authority for the time being to be appropriate for the relevant operator to take for the purpose of securing or facilitating compliance with the condition or requirement in question, or

that the contravention or apprehended contravention will not adversely affect the interests of users of railway services or lead to any increase in public expenditure,

that the contravention or apprehended contravention is trivial; and

that it would be inappropriate, for that reason, to make or to confirm the order.

in a case where the appropriate authority is the Secretary of State or the Scottish Ministers, if that authority decides not to make a final order, or not to make or to confirm a provisional order, because of provision contained in subsection (5) or (5ZA) above; or

in the case of the Office of Rail Regulation, if it decides not to make a final order, or not to make or to confirm a provisional order, because of provision contained in subsection (5), (5A) or (5B) above.

serve notice of its decision on the relevant operator; and

publish the notice in such manner as F2it considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

shall require the relevant operator to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;

shall take effect at such time, being the earliest practicable time, as is determined by or under the order; and

may be revoked at any time by the appropriate F2authority.

in the case of an order made by the Scottish Ministers, to them, and

in any other case, to the Secretary of State,

a duty under section 22(8), 26(8), 29(8) or 37(2) of the Railways Act 2005 not to discontinue a railway passenger service or an experimental passenger service or not to discontinue the operation or use of a network or station, or part of a network or station;

a duty to comply with any requirement imposed under section 33(2)(i) of that Act (closure requirements imposed on operators); or

a duty to comply with conditions to which he has agreed under section 34(5) of that Act (conditions of minor modification determination).

falls within paragraph (c) of the definition in that subsection;

is imposed or arises in the case of a closure; and

is so imposed or so arises in a Scottish case;

a case in which the Scottish Ministers are the national authority for the purposes of provisions of Part 4 of the Railways Act 2005 relating to the proposal for the closure;

a case in which it is the Scottish Ministers who make a determination under section 34 of that Act (minor modifications) in relation to the closure; or

a case in which the closure is a closure notice of which is given under section 37 of that Act (experimental passenger services) and the proposal relates to a Scotland-only service.

stating that F35it proposes to make or confirm the order and setting out its effect,

specifying the period (not being less than F3821 days from the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,

by publishing the notice in such manner as the appropriate F36authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

by serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the relevant operator to whom the order relates.

with the consent to the modifications of the relevant operator to whom the order relates; or

after complying with the requirements of subsection (4) below.

serve on the relevant operator to whom the order relates such notice as appears to him requisite of F37its proposal to make or confirm the order with modifications;

F42unless the proposed modifications are trivial, in that notice specify a period (not being less than seven from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and

consider any representations or objections which are duly made and not withdrawn.

serve a copy of the order on the relevant operator to whom the order relates; and

publish the order in such manner as F35it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

stating that F35it proposes to revoke the order and setting out the effect of its revocation, and

specifying the period (not being less than F4321 days from the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,

by publishing the notice in such manner as the appropriate F36authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

by serving a copy of the notice on the relevant operator to whom the order relates.

that its making or confirmation was not within the powers of section 55 above, or

that any of the requirements of section 56 above have not been complied with in relation to it,

may quash the order or any provision of the order; F45. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

provision substituting for the sum, or provision for determining a sum, specified in the order such lesser sum, or such other provision for determining a sum, as the court considers appropriate in all the circumstances of the case; and

provision substituting for the date by which the sum is to be paid specified in or determined in accordance with the order such later date as the court considers appropriate in all the circumstances of the case.

his obligation to comply with the order, or

the right which any person may have to bring civil proceedings against him in pursuance of subsection (5) or (7) above.

a relevant condition or requirement, or

a final or provisional order made by the appropriate authority,

in the case of a penalty imposed by the Scottish Ministers, to them; and

in any other case, to the Secretary of State.

F53the Secretary of State has or (as the case may be) those Ministers have given notice to F54the Office of Rail Regulation specifying a period within which F55it may give notice to F56him or them if F55it considers that the most appropriate way of proceeding is under the M3Competition Act 1998;

that period has expired; and

F54the Office of Rail Regulationhas not given notice to F57the Secretary of State or (as the case may be) the Scottish Ministers within that period that F55it so considers (or, if F55it has, F55it has withdrawn it).

the desirability of securing compliance with that relevant condition or requirement or order;

the consequences or likely consequences of anything which has been or is being done or omitted to be done in contravention of that relevant condition or requirement or order; and

the desirability of deterring contraventions of relevant conditions and requirements and final and provisional orders.

may at any time alter or replace a statement of F61his, their orF63. . . its policy; andF61 his, their or

shall publish the altered or replacement statement.

references to the imposition of penalties were to the inclusion in an order of a requirement to pay a sum;

references to relevant conditions or requirements were omitted; and

the reference in subsection (2)(b) above to anything which has been or is being done or omitted to be done included a reference to anything which is likely to be done or omitted to be done.

stating that it proposes to impose a penalty on the relevant operator and the amount of the penalty proposed,

setting out the relevant condition or requirement or order in question,

specifying the acts or omissions which, in its opinion, constitute contraventions of that condition or requirement or order and the other facts which, in its opinion, justify the imposition of a penalty and the amount of the penalty proposed,

specifying the manner in which, and place at which, it is proposed to require the penalty to be paid, and

specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made,

by publishing the notice in such manner as the appropriate authority considers appropriate; and

by serving a copy of the notice on the relevant operator.

with the consent of the relevant operator;

where the modifications consist of a reduction of the amount of the penalty or a deferral of the date by which it is to be paid; or

after complying with the requirements of subsection (5) below.

give to the relevant operator such notice as appears to it requisite of its modified proposal;

unless the proposed modifications are trivial, in that notice specify a period (not being less than seven days from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and

consider any representations or objections which are duly made and not withdrawn.

stating that it has imposed a penalty on the relevant operator and its amount;

setting out the relevant condition or requirement or order in question;

specifying the acts or omissions which, in its opinion, constitute contraventions of that condition or requirement or order and the other facts which, in its opinion, justify the imposition of the penalty and its amount;

specifying the manner in which, and place at which, the penalty is to be paid; and

specifying the date (not being less than fourteen days from the date of publication of the notice) by which the penalty is to be paid.

by publishing the notice in such manner as the appropriate authority considers appropriate; and

by serving a copy of the notice on the relevant operator.

by virtue of paragraph (a) of subsection (1) of section 57A above in a case where no final or provisional order has been made in relation to the contravention, or

by virtue of paragraph (b) of that subsection,

within three months of the confirmation of the provisional order or the making of the final order; or

where the provisional order is not confirmed, within six months of the making of the provisional order.

that it was not within the powers of section 57A above,

that any of the requirements of section 57C above have not been complied with in relation to it and his interests have been substantially prejudiced by the non-compliance, or

that it was unreasonable of the appropriate authority not to grant an application under section 57C(8) above;

where it is on the ground mentioned in subsection (1)(c) above, within 42 days from the date on which he is notified of the decision not to grant the application under section 57C(8) above, and

in any other case, within 42 days from the date of service on him of the notice under section 57C(6) above.

provision substituting a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; and

provision substituting as the date by which the penalty, or any portion of the penalty, is to be paid a date later than that specified in the notice under section 57C(6) above.

a relevant condition or requirement, or

a final or provisional order made by the appropriate authority,

requiring the person on whom it is served to produce, at a time and place specified in the notice, to the appropriate F75authority or to any person appointed by the appropriate F75authority for the purpose, any documents which are specified or described in the notice and are in that person’s custody or under his control; or

requiring that person, if he is carrying on a business, to furnish, at a time and place and in the form and manner specified in the notice, to the appropriate F75authority such information as may be specified or described in the notice.

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.