SCHEDULES
SCHEDULE 17Penalty fares
Power to apply Schedule to certain other train services
9
1
This paragraph applies to any services for the carriage of passengers by railway which do not fall within paragraph 2(1) above but which—
a
are provided wholly within Greater London; and
b
are services, or services of a class or description, designated in an order made by the Secretary of State as services in relation to which this paragraph is to apply;
and in the following provisions of this paragraph any such services are referred to as “qualifying train services”.
2
The Mayor may, on the application of a person who provides qualifying train services, by order provide that this Schedule shall apply, from such date and with such modifications as may be specified in the order, to qualifying train services provided by that person.
3
The power to make an order under sub-paragraph (2) above includes power, exercisable in the same manner and subject to the same conditions and limitations, to revoke, amend or re-enact any such order.
4
Without prejudice to sub-paragraph (3) above, an order under sub-paragraph (2) above may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in such an order.
5
An order under sub-paragraph (2) above, and any order revoking, amending or re-enacting such an order, may contain such incidental, supplemental, consequential or transitional provision as may appear to the Mayor to be necessary or expedient.
6
Where a person makes an application for an order under sub-paragraph (2) above, or for an order revoking, amending or re-enacting such an order, the Mayor may recover from that person payments in respect of the administrative costs reasonably incurred in connection with—
a
the application, and
b
if an order is made as a result of the application, the making of the order,
not exceeding £5,000 in the aggregate.
7
The Mayor shall secure that any order under sub-paragraph (2) above, and any order revoking, amending or re-enacting any such order, is printed and published.
8
A fee may be charged for the sale of an order printed and published under sub-paragraph (7) above.
9
Where any services become qualifying services by virtue of an order under sub-paragraph (1)(b) above, any order which—
a
is contained in a statutory instrument made by the Secretary of State,
b
makes provision for or in connection with the imposition of penalty fares on passengers travelling on those services, and
c
is in force immediately before this paragraph begins to apply to the services by virtue of the order under sub-paragraph (1)(b) above,
may, so far as relating to those services, be revoked under this paragraph as if it were an order under sub-paragraph (2) above.
10
This paragraph applies in relation to a tramway as it applies in relation to a railway.
11
In this paragraph “railway” and “tramway” have the meaning given by section 67(1) of the [1992 c. 42.] Transport and Works Act 1992.