xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
C2Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)
Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)
Commencement Information
I1Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5
Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)
Textual Amendments
F1Words in s. 55 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1
F2Words in the heading before section 55 substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 35(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))
(1)The [F4Secretary of State, the Scottish Ministers][F5, the Welsh Ministers] and [F6the Office of Rail and Road] shall each prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount.
(2)A statement of policy may include provision for a decision whether to impose a penalty, or the determination of the amount of any penalty, in respect of the contravention of any relevant condition or requirement or order to be influenced by—
(a)the desirability of securing compliance with that relevant condition or requirement or order;
(b)the consequences or likely consequences of anything which has been or is being done or omitted to be done in contravention of that relevant condition or requirement or order; and
(c)the desirability of deterring contraventions of relevant conditions and requirements and final and provisional orders.
(3)In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention the [F4Secretary of State, the Scottish Ministers][F7, the Welsh Ministers] and Regulator shall have regard to any statement of [F8his, their or] its F9. . . policy published at the time when the contravention occurred.
(4)The [F4Secretary of State, the Scottish Ministers][F7, the Welsh Ministers] and [F6the Office of Rail and Road] —
(a)may at any time alter or replace a statement of [F8his, their or]F10. . . its policy; and
(b)shall publish the altered or replacement statement.
(5)The [F4Secretary of State, the Scottish Ministers][F7, the Welsh Ministers] and [F6the Office of Rail and Road] shall undertake appropriate consultation when preparing, altering or replacing a statement of policy.
(6)The [F4Secretary of State, the Scottish Ministers][F7, the Welsh Ministers] and [F6the Office of Rail and Road] shall publish a statement of policy in the manner that appears most suitable for bringing it to the attention of those likely to be affected by it.
(7)This section applies in relation to sums required to be paid by virtue of section 55(7A) above as to penalties, but as if—
(a)references to the imposition of penalties were to the inclusion in an order of a requirement to pay a sum;
(b)references to relevant conditions or requirements were omitted; and
(c)the reference in subsection (2)(b) above to anything which has been or is being done or omitted to be done included a reference to anything which is likely to be done or omitted to be done.
Textual Amendments
F3Ss. 57A-57F inserted (1.2.2001) by 2000 c. 38, s. 225(1) (with Sch. 28 paras. 6-8, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F4Words in s. 57B substituted (24.7.2005 for certain purposes and 16.10.2005 for certain further purposes and 1.12.2006 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 24(1)(a)(2); S.I 2005/1909, {art. 2}, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)
F5Words in s. 57B(1) inserted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 16
F6Words in s. 57B substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(mm)
F7Words in ss. 57B(3)-(6) inserted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 16
F8Words in s. 57B(3)(4) inserted (24.7.2005 for certain purposes and 16.10.2005 for certain further purposes and 1.12.2006 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 24(1)(b)(2); S.I 2005/1909, {art. 2}, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)
F9Words in s. 57B(3) repealed (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 118, 120, Sch. 2 para. 13(a), Sch. 8; S.I. 2004/827, art. 4(i)
F10Words in s. 57B(4)(a) repealed (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 118, 120, Sch. 2 para. 13(b), Sch. 8; S.I. 2004/827, art. 4(i)
Modifications etc. (not altering text)
C3S. 57B applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 15, Sch. 3 para. 1(c)
C4Ss. 55-58 applied (25.6.2010) by The Rail Passengers Rights and Obligations Regulations 2010 (S.I. 2010/1504), reg. 17
C5Ss. 57B(1)-(6) modified (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 38(3)(4) (with reg. 4)