Learner Travel (Wales) Measure 2008

[F1 Discretionary requirements W

Textual Amendments

F1 Sch. A1 inserted (10.7.2011) by Safety on Learner Transport (Wales) Measure 2011 (nawm 6), s. 16(2), Sch.

4 (1) The regulations may make provision conferring on an enforcement authority the power by notice to impose one or more discretionary requirements on a person who breaches safety regulations. W

(2) The regulations may only confer such a power in relation to a case where the enforcement authority is satisfied on the balance of probabilities that the breach has occurred.

(3) For the purposes of this Schedule a “ discretionary requirement ” means—

(a) a requirement to pay a monetary penalty to an enforcement authority of such amount as the enforcement authority may determine, or

(b) a requirement to take such steps as an enforcement authority may specify, within such period as the enforcement authority may specify, to secure that the breach does not continue or recur.

(4) In this Schedule—

• “ variable monetary penalty ” means a requirement referred to in sub-paragraph (3)(a);

• “ non-monetary discretionary requirement ” means a requirement referred to in sub-paragraph (3)(b).

(5) The regulations must, in relation to each kind of breach of safety regulations for which a variable monetary penalty may be imposed—

(a) specify the maximum penalty that may be imposed for a breach of that kind, or

(b) provide for that maximum to be determined in accordance with the regulations.

(6) The regulations may not permit discretionary requirements to be imposed on a person on more than one occasion in relation to the same act or omission.]