UK Offence Report

The Railways (Penalty Fares) Regulations 2018

UK Statutory Instrument 2018 No. 366 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
12 March 2018
In force from
6 April 2018
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
Railways Act 1993

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision for the charging of penalty fares for the failure to produce, when required to do so, a ticket or other authority authorising a person to travel by train or to be present in a compulsory ticket area at a station. Part 1 of the Regulations makes provision in relation to the scope of the Regulations and defines terms used in the Regulations. Part 2 of the Regulations imposes a requirement to produce a ticket or other authority for travel or presence on a train or presence in a compulsory ticket area (regulation 4). Regulation 5 makes provision for the charging of penalty fares where a person fails to comply with the requirements in regulation 4 and regulations 6 and 7 set out circumstances in which a penalty fare must not be charged. Regulation 8 and Schedule 1 make provision for the notices which an operator must display in order to be able to charge penalty fares. Regulation 9 sets out the amount of the penalty fare that may be charged. Regulation 10 sets out the circumstances in which a collector may act and the requirement for collectors to carry identification. Regulation 11 prevents a person being liable to pay a penalty fare where proceedings for a criminal offence are brought in relation to the same matter. Regulation 12 provides the circumstances in which operators may recover penalty fares. Regulation 13 requires a person required to pay a penalty fare to provide their name and address if required to do so. Any person who fails to do so is guilty of an offence. Part 3 of the Regulations, together with Schedule 2, provides that an operator may only charge penalty fares if they have in place an appeals process that complies with these Regulations (regulation 14). Regulation 15 sets out the requirements that appeal panels must satisfy and regulations 16 to 18, together with Schedule 2, set out the processes and procedures that must be followed. Part 4 of the Regulations revokes the Railways (Penalty Fares) Regulations 1994 and the Railways (Penalty Fares) (Amendment) Regulations 2005 (regulation 19). Regulation 20 makes provision for how penalty fares charged under the Railways (Penalty Fares) Regulations 1994, and the persons who were authorised to collect penalty fares under those regulations, are to be treated for the purpose of this instrument. A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum has been prepared for these Regulations and is available alongside this instrument on the UK Legislation website www.legislation.gov.uk.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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