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Railways Act 2005

Schedule 9: Bye-laws by railway operators

237.Paragraph 1 of this Schedule defines the circumstances where, in relation to any bye-laws, the appropriate national authority means the Secretary of State or the Scottish Ministers.

238.Paragraph 2 sets out the penalties for contravening the bye-laws and provides for maximum fines not exceeding level 3 on the standard scale (currently £1000).

239.Paragraph 3 provides that, before bye-laws come into force, they must have been confirmed by the appropriate national authority.

240.Paragraph 4 requires the operator to give notice of his intention to make bye-laws. The manner in which the notice is published must be approved by the appropriate national authority. The operator must allow a specified time for representations to be made about the bye-laws to the appropriate national authority, and must consider such representations before seeking confirmation of the proposed bye-laws.

241.Paragraph 5 enables the appropriate national authority to confirm the bye-laws (with or without modification) and fix the date for their coming into force, or refuse to confirm them.

242.Paragraph 6 sets out how the bye-laws are to be made publicly available.

243.Paragraph 7 ensures that production of a certified, printed copy of the bye‑laws is sufficient evidence in any legal proceedings of the existence and validity of those bye-laws.

244.Paragraph 8 provides that railway operators have the power to amend or revoke any bye-laws which they make, and that the Secretary of State and the Scottish Ministers are, separately, able to revoke bye-laws for which they are the appropriate national authority by order.

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