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9.—(1) In regulation 16(11), at the beginning, insert the words “Subject to paragraph (11A),”.
(2) After regulation 16(11) insert—
“(11A) If an appeal is against a penalty fare calculated in accordance with regulation 9(1A) or (4A), where the relevant Appeal Panel—
(a)notifies the operator that an appeal has been allowed; or
(b)fails to adhere to the time period specified in paragraph 6 of schedule 2, the appellant is not liable to pay the penalty fare in question and is only liable to pay the full single fare applicable for their journey.”.
(3) After regulation 16(12) insert—
“(12A) If the appellant referred to in paragraph (11A) has paid the penalty fare, or any part of it, the operator on whose behalf the penalty fare was charged must repay to the appellant any amount paid that exceeds the amount of the full single fare applicable for their journey within the period of 10 working days, beginning with whichever is the earlier of—
(a)the day on which that operator receives notification that the appeal has been allowed; or
(b)the day on which the time period specified in paragraph 6 of Schedule 2 expires.”.
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