Part I The Provision of Railway Services
Enforcement by the Office of Rail and Road and the Authority
F157A Penalties.
(1)
If the appropriate authority is satisfied that a relevant operator has contravened or is contravening—
(a)
a relevant condition or requirement, or
(b)
a final or provisional order made by the appropriate authority,
the appropriate authority may impose on the relevant operator a penalty of such amount as is reasonable.
(2)
A penalty is payable
F4(aa)
in the case of a penalty imposed by the Welsh Ministers, to them; and
(b)
in any other case, to the Secretary of State.
(3)
The amount of a penalty imposed on a relevant operator may not exceed 10 per cent. of his turnover determined in accordance with an order made by the Secretary of State; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.
(4)
No penalty may be imposed in respect of any contravention of a final or provisional order if provision was made in the order by virtue of section 55(7A) above in relation to the contravention.
(5)
F5Neither the Secretary of State nor the Scottish Ministers F6nor the Welsh Ministers shall impose a penalty on a licence holder or person under closure restrictions unless—
(a)
F7the Secretary of State, the Scottish Ministers or the Welsh Ministers (as the case may be) has or have given notice to F8the Office of Rail and Road specifying a period within which F9it may give notice to F10him or them if F9it considers that the most appropriate way of proceeding is under the M1Competition Act 1998;
(b)
that period has expired; and
F12(6)
Before imposing a penalty under this section, F8the Office of Rail and Road shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
F12(7)
F8The Office of Rail and Road shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.