Railways Act 1993

F157B Statement of policy.E+W+S

(1)The [F2Secretary of State, the Scottish Ministers] and [F3the Office of Rail Regulation] shall each prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount.

(2)A statement of policy may include provision for a decision whether to impose a penalty, or the determination of the amount of any penalty, in respect of the contravention of any relevant condition or requirement or order to be influenced by—

(a)the desirability of securing compliance with that relevant condition or requirement or order;

(b)the consequences or likely consequences of anything which has been or is being done or omitted to be done in contravention of that relevant condition or requirement or order; and

(c)the desirability of deterring contraventions of relevant conditions and requirements and final and provisional orders.

(3)In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention the [F2Secretary of State, the Scottish Ministers] and Regulator shall have regard to any statement of [F4his, their or] its F5. . . policy published at the time when the contravention occurred.

(4)The [F2Secretary of State, the Scottish Ministers] and [F3the Office of Rail Regulation]—

(a)may at any time alter or replace a statement of [F4his, their or]F6. . . its policy; and[F4 his, their or]

(b)shall publish the altered or replacement statement.

(5)The [F2Secretary of State, the Scottish Ministers] and [F3the Office of Rail Regulation] shall undertake appropriate consultation when preparing, altering or replacing a statement of policy.

(6)The [F2Secretary of State, the Scottish Ministers] and [F3the Office of Rail Regulation] shall publish a statement of policy in the manner that appears most suitable for bringing it to the attention of those likely to be affected by it.

(7)This section applies in relation to sums required to be paid by virtue of section 55(7A) above as to penalties, but as if—

(a)references to the imposition of penalties were to the inclusion in an order of a requirement to pay a sum;

(b)references to relevant conditions or requirements were omitted; and

(c)the reference in subsection (2)(b) above to anything which has been or is being done or omitted to be done included a reference to anything which is likely to be done or omitted to be done.

Textual Amendments

F1Ss. 57A-57F inserted (1.2.2001) by 2000 c. 38, s. 225(1) (with Sch. 28 paras. 6-8, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F2Words in s. 57B substituted (24.7.2005 for certain purposes and 16.10.2005 for certain further purposes and 1.12.2006 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 24(1)(a)(2); S.I 2005/1909, {art. 2}, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F3Words in s. 57B substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F4Words in s. 57B(3)(4) inserted (24.7.2005 for certain purposes and 16.10.2005 for certain further purposes and 1.12.2006 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 24(1)(b)(2); S.I 2005/1909, {art. 2}, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

Modifications etc. (not altering text)