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5.—(1) Any railway undertaking which is also an infrastructure manager shall—
(a)prepare and maintain accounts for business relating to the provision of transport services which are separate from its accounts for business relating to the management of railway infrastructure; and
(b)ensure that there is no transfer of state aid granted to the undertaking between the provision of transport services and the management of railway infrastructure.
(2) Without prejudice to any civil remedy that might be available to any person, a railway undertaking which, without reasonable excuse, contravenes or fails to comply with paragraph (1) of this regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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