The Railways Act 1993 (Determination of Turnover) Order 2005

Determination of Turnover for the purposes of section 55(7B)

3.—(1) The turnover of a relevant operator, for the purposes of section 55(7B), is—

(a) the applicable turnover for the business year preceding the date on which the relevant operator first made a specified contravention of the final or provisional order to which it was subject; and

(b) where the length of the infringement is more than 12 months, in addition the amount of the applicable turnover for the business year preceding that identified under sub-paragraph (a) which bears the same proportion to the applicable turnover for that business year as the period by which the length of infringement exceeds 12 months bears to 12 months;

save that the amount added under sub-paragraph (b) shall not exceed the amount of the applicable turnover for the previous business year in question.

(2) For the purposes of this article, “length of the infringement” means the period of the specified contravention of a final or provisional order by the relevant operator.