Section 57B Statement of policy.F1C1C2
England, Wales and Scotland
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—
the desirability of securing compliance with that relevant condition or requirement or order;
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
the desirability of deterring contraventions of relevant conditions and requirements and final and provisional orders.
In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention the Secretary of State, the Scottish MinistersF5, the Welsh Ministers and Regulator shall have regard to any statement of F6his, their or its F7. . . policy published at the time when the contravention occurred.
The Secretary of State, the Scottish Ministers, the Welsh Ministers and the Office of Rail and Road —
may at any time alter or replace a statement of his, their orF8. . . its policy; and
shall publish the altered or replacement statement.
The Secretary of State, the Scottish Ministers, the Welsh Ministers and the Office of Rail and Road shall undertake appropriate consultation when preparing, altering or replacing a statement of policy.
The Secretary of State, the Scottish Ministers, the Welsh Ministers and the Office of Rail and Road 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.
This section applies in relation to sums required to be paid by virtue of section 55(7A) above as to penalties, but as if—
references to the imposition of penalties were to the inclusion in an order of a requirement to pay a sum;
references to relevant conditions or requirements were omitted; and
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.
Annotations
Textual amendments
- F1
Ss. 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)
- F2
Words 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)
- F3
Words in s. 57B(1) inserted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 16
- F4
Words in s. 57B substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(mm)
- F5
Words in ss. 57B(3)-(6) inserted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 16
- F6
Words 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)
- F7
Words in s. 57B(3) repealed (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 118, 120, Sch. 2 para. 13(a), Sch. 8; S.I. 2004/827, art. 4(i)
- F8
Words in s. 57B(4)(a) repealed (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 118, 120, Sch. 2 para. 13(b), Sch. 8; S.I. 2004/827, art. 4(i)
Modifications
- C1
S. 57B applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 15, Sch. 3 para. 1(c)
- C2
Ss. 55-58 applied (25.6.2010) by The Rail Passengers Rights and Obligations Regulations 2010 (S.I. 2010/1504), reg. 17
- C3
Ss. 57B(1)-(6) modified (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 38(3)(4) (with reg. 4)
Notes on Part I
Modifications
- C1
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
- C2
Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)
Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)
Commencement
- I1
Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5
Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)
Notes on Enforcement by the Office of Rail and Road and the Authority
Textual amendments
- F1
Words in s. 55 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1
- F2
Words in the heading before section 55 substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 35(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))