The Railways (Penalty Fares) (Amendment) Regulations 2022

Amendment of regulation 9

5.—(1) In regulation 9(1), at the beginning, insert the words “Subject to paragraph (1A),”.

(2) After regulation 9(1), insert—

“(1A) In respect of England, where a penalty fare is charged under regulation 5(1) to a person travelling by, present on, or leaving a train, the amount of the penalty fare is—

(a) £100 plus the price of the full single fare applicable, or

(b) if paid before the end of the period of 21 days beginning with the day following the day on which the penalty fare is charged, £50 plus the price of the full single fare applicable.

(1B) In calculating the period referred to in paragraph (1A)(b) no account is to be taken of any time on appeal.”.

(3) After regulation 9(2), insert—

“(2A) In paragraph (1A), “the full single fare applicable” is the full single fare for the journey in question from the boarding station to the station that the penalty fare authorises the person to travel to under regulation 5(5A).”.

(4) In regulation 9(3), for the words “In paragraph (2)” substitute “In paragraph (2) and (2A)”.

(5) In regulation 9(4), at the beginning, insert the words “Subject to paragraph (4A),”.

(6) After regulation 9(4), insert—

“(4A) In respect of England, where a person present in or leaving a compulsory ticket area, other than as a result of leaving a train that arrived at the compulsory ticket area, is charged a penalty fare under regulation 5(1), the amount of the penalty fare is—

(a) where that person intends to board a train for the purpose of travel—

(i) £100 plus the price of the full single fare applicable, or

(ii) if paid before the end of the period of 21 days beginning with the day following the day on which the penalty fare is charged, £50 plus the price of the full single fare applicable;

(b) where that person does not intend to board a train for the purpose of travel—

(i) £100, or

(ii) if paid before the end of the period of 21 days beginning with the day following the day on which the penalty fare is charged, £50.

(4B) In calculating the period referred to in paragraph (4A)(a)(ii) or (b)(ii) no account is to be taken of any time on appeal.”.

(7) After regulation 9(5) insert—

“(5A) In paragraph (4A)(a) “the full single fare applicable” is the full single fare for the journey in question from the boarding station to the station that the penalty fare authorises the person to travel to under regulation 5(8A)(b).”.