(1)The Secretary of State may by regulations make provision for the setting of standards to be complied with in relation to railway assets, railway vehicles or railway services.
(2)The regulations may provide—
(a)for standards to be set (and from time to time varied), or
(b)for compliance with standards to be monitored,
by persons specified in, or designated in accordance with, the regulations.
(3)The regulations may authorise the setting of standards which involve obtaining the approval of any person.
(4)The regulations may authorise the charging of fees in respect of—
(a)the monitoring of compliance with standards, or
(b)the seeking of approvals in connection with standards.
(5)The regulations may impose requirements to provide information on persons who—
(a)are required to comply with standards, or
(b)set, or monitor compliance with, standards,
and prohibit the giving of false information.
(6)The regulations may create criminal offences in respect of failures to comply with requirements imposed by the regulations.
(7)The regulations may provide for such offences to be triable—
(a)only summarily, or
(b)either summarily or on indictment.
(8)The regulations may provide for an offence triable only summarily to be punishable on conviction with a fine not exceeding—
(a)level 5 on the standard scale, or
(b)such lower amount as may be prescribed.
(9)The regulations may provide for an offence triable either summarily or on indictment to be punishable—
(a)on summary conviction, with a fine not exceeding the statutory maximum or such lower amount as may be prescribed, or
(b)on conviction on indictment, with a fine.
(10)The regulations may make different provision for different cases and may (in particular) include provision—
(a)authorising conditional or unconditional dispensation from requirements imposed by the regulations which would otherwise apply, or
(b)requiring compliance with requirements so imposed which would not otherwise apply,
in particular cases or descriptions of case.
(11)The regulations may include such incidental, consequential, supplementary or transitional provisions or savings as the Secretary of State may consider appropriate, including (in particular) provision modifying any provision made by or under any other enactment.
(12)The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Commencement Information
I1S. 247 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)