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The Railways (Penalty Fares) Regulations 2018

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Appeal Panel and Final Appeal Panel requirements

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15.—(1) To comply with the requirements in this paragraph a body must—

(a)be managerially and organisationally independent of any operator and any affiliate of an operator; and

(b)have arrangements to ensure that any appeal under regulation 17 can be considered by a different person to the person who decided not to allow the appeal under regulation 16.

(2) To comply with the requirements in this paragraph a body must be—

(a)managerially and organisationally independent of any operator and any affiliate of an operator; and

(b)independent of the panels which considered the appeal under regulations 16 and 17 in the appeal concerned.

(3) In this regulation—

(a)“affiliate of an operator” means a subsidiary or holding company of that operator and any subsidiary or holding company of such holding company (and, for the purposes of this definition, “subsidiary” and “holding company” have the meanings ascribed to them in section 1261(1) of the Companies Act 2006(1)); and

(b)a body is “independent of the panels which considered the appeal under regulations 16 and 17 in the appeal concerned” if it has arrangements in place to ensure that the requirement in paragraph 15(b) of Schedule 2 can be complied with.

(1)

2006 c. 46. There are amendments to section 1261(1) not relevant to these Regulations.

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