I1C2C3 Part I The Provision of Railway Services
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
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
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
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.
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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.
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The F2Secretary of State, the Scottish MinistersF10, the Welsh Ministers and F7the Office of Rail and Road —
b
shall publish the altered or replacement statement.
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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.
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)