- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
7(1)Section 34 (defences to claim that penalty is due under section 32) is amended as follows.
(2)Omit subsection (3).
(3)In subsection (3A)—
(a)at the end of paragraph (b) insert “and”,
(b)for paragraph (c) substitute—
“(c)the carrier had taken the actions specified in regulations under subsection (3B) in relation to the securing of the wagon against unauthorised access.”, and
(c)omit paragraph (d).
(4)After subsection (3A) insert—
“(3B)The Secretary of State must specify in regulations the actions to be taken for the purposes of subsection (3A)(c) in relation to the securing of a rail freight wagon against unauthorised access.
(3C)The actions that may be specified in regulations under subsection (3B) include, in particular—
(a)actions in relation to checking a person has not gained unauthorised access to the wagon,
(b)actions in relation to the reporting of any unauthorised access to the wagon, and
(c)actions in relation to the keeping of records to establish that other actions specified in the regulations have been taken.
(3D)Before making regulations under subsection (3B), the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
(5)Omit subsection (4).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: