7(1)Section 34 (defences to claim that penalty is due under section 32) is amended as follows.U.K.
(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).
Commencement Information
I1Sch. 5 para. 7 in force at Royal Assent for specified purposes, see s. 87(1)(4)(c)
I2Sch. 5 para. 7(1)(2)(5) in force at 13.2.2023 for specified purposes by S.I. 2023/33, reg. 2(1)(c)(ii)(2) (with reg. 4)