Railways Act 1993

[F1 57A Penalties. E+W+S

(1) If the appropriate authority is satisfied that a relevant operator has contravened or is contravening—

(a) a relevant condition or requirement, or

(b) a final or provisional order made by the appropriate authority,

the appropriate authority may impose on the relevant operator a penalty of such amount as is reasonable.

(2) A penalty is payable to the Authority.

(3) The amount of a penalty imposed on a relevant operator may not exceed 10 per cent. of his turnover determined in accordance with an order made by the Secretary of State; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.

(4) No penalty may be imposed in respect of any contravention of a final or provisional order if provision was made in the order by virtue of section 55(7A) above in relation to the contravention.

(5) The Authority shall not impose a penalty on a licence holder or person under closure restrictions unless—

(a) it has given notice to [F2 the Office of Rail Regulation] specifying a period within which [F3 it] may give notice to [F4 the Authority] if [F3 it] considers that the most appropriate way of proceeding is under the M1 Competition Act 1998;

(b) that period has expired; and

(c) [F2 the Office of Rail Regulation]has not given notice to the Authority within that period that [F3 it] so considers (or, if [F3 it] has, [F3 it] has withdrawn it).

(6) [F2 the Office of Rail Regulation] shall not impose a penalty if he is satisfied that the most appropriate way of proceeding is under the M2 Competition Act 1998.]

Textual Amendments

F1 Ss. 57A-57F inserted (1.2.2001) by 2000 c. 38, s. 225(1) (with Sch. 28 paras. 6-8, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F2 Words in s. 57A substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F3 Word in s. 57A substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F4 Words in s. 57A(5)(a) substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 12)}; S.I. 2004/827, art. 4(g)

Marginal Citations

M1 1998 c. 41.

M2 1998 c. 41.