SCHEDULES

SCHEDULE 9U.K. Application of Other Railway Legislation

Modifications etc. (not altering text)

C1Sch. 9 (except paras. 1(3)(c), 8(2)(a)(b)) applied (with modifications) (22.3.2001) by S.I. 2001/1451, art. 15(1), Sch. 3 paras. 1(f), 5

Part IIU.K. Other Legislation

MiscellaneousU.K.

8(1)In their application to—U.K.

(a)a rail link undertaker,

(b)the rail link, or

(c)any train of a rail link undertaker being used to provide services for the carriage of passengers or goods involving travel through the Channel Tunnel,

the enactments specified in column (1) of the following table (which create the offences broadly described in column (2) of the table) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in the enactment were, instead of that specified in column (3) of the table, a fine not exceeding the level specified in column (4) of the table.

The Table
(1)(2)(3)(4)
EnactmentDescription of offenceMaximum otherwise applicable (level on standard scale)Maximum fine (level on standard scale)
Section 16 of the M1Railway Regulation Act 1840.Obstruction of officers of railway company or trespass upon railway.Level 1Level 3
Section 17 of the M2Railway Regulation Act 1842.Misconduct of persons employed on railways.Level 1Level 3
Section 22 of the M3Regulation of Railways Act 1868.Provision and improper use of means of communication.Level 1Level 2
The M4Regulation of Railways Act 1889—
section 5(1).Failure to produce ticket, to pay fare or to give name and address.Level 1Level 2
section 5(3).Travel with intent to avoid payment of fare.Level 2Level 3

(2)In such application—

(a)section 16 of the M5Railway Regulation Act 1840 shall have effect as if the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding one month; and

(b)section 17 of the M6Railway Regulation Act 1842 shall have effect as if, instead of the power to award imprisonment for a period not exceeding two months, the court had power to award imprisonment for a period not exceeding three months; and

(c)section 5(2) of the M7Regulation of Railways Act 1889 (power to arrest passenger who fails to produce ticket and refuses to give his name and address) shall have effect as if after the word “refuses” there were inserted the words “or fails”.