I1C2C3 Part I The Provision of Railway Services

Annotations:
Commencement Information
I1

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

Modifications etc. (not altering text)
C2

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C3

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Enforcement by F8the Office of Rail and Road and the F6Authority

Annotations:
Amendments (Textual)
F8

Words in s. 55 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1

F6

Words in the heading before section 55 substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 35(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F1C1C457B Statement of policy.

C51

The F2Secretary of State, the Scottish MinistersF9, the Welsh Ministers and F7the Office of Rail and Road shall each prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount.

C52

A statement of policy may include provision for a decision whether to impose a penalty, or the determination of the amount of any penalty, in respect of the contravention of any relevant condition or requirement or order to be influenced by—

a

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

b

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

c

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

C53

In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention the F2Secretary of State, the Scottish MinistersF10, the Welsh Ministers and Regulator shall have regard to any statement of F3his, their or its F4. . . policy published at the time when the contravention occurred.

C54

The F2Secretary of State, the Scottish MinistersF10, the Welsh Ministers and F7the Office of Rail and Road —

a

may at any time alter or replace a statement of F3his, their orF5. . . its policy; and

b

shall publish the altered or replacement statement.

C55

The F2Secretary of State, the Scottish MinistersF10, the Welsh Ministers and F7the Office of Rail and Road shall undertake appropriate consultation when preparing, altering or replacing a statement of policy.

C56

The F2Secretary of State, the Scottish MinistersF10, the Welsh Ministers and F7the Office of Rail and Road shall publish a statement of policy in the manner that appears most suitable for bringing it to the attention of those likely to be affected by it.

7

This section applies in relation to sums required to be paid by virtue of section 55(7A) above as to penalties, but as if—

a

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

b

references to relevant conditions or requirements were omitted; and

c

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.