Railways Act 1993 (c. 43)

(The document as of February, 2008)

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(12) In consequence of this section, section 27(6) of the [1962 c. 46.] Transport Act 1962 (directions to Boards in the interests of national defence) shall cease to have effect so far as relating to the Board.

119 Security: power of Secretary of State to give instructions

(1) The Secretary of State may from time to time give--

(a) to any person who is the owner or operator of a relevant asset, or

(b) to any person who provides railway services,

such instructions as the Secretary of State considers appropriate for the purpose of ensuring that relevant assets within Great Britain, or persons or property on or in any such relevant asset, are protected against acts of violence.

(2) An instruction may be given to any person who appears to the Secretary of State to be about to become such a person as is mentioned in paragraph (a) or (b) of subsection (1) above, but an instruction given to a person by virtue of this subsection shall not take effect until he becomes such a person and, in relation to an instruction so given, the provisions of this section shall apply with the necessary modifications.

(3) Without prejudice to the generality of subsection (1) above, an instruction may, in particular, require the person to whom it is given ("the recipient")--

(a) not to cause or permit any persons, or any designated persons, or more than a specified number of persons or designated persons, to enter any relevant asset or any designated relevant asset, or not to cause or permit them to do so unless they submit to a search or unless or until some other specified condition is complied with;

(b) not to cause or permit any goods, or any designated goods, or more than a specified quantity of goods or designated goods, to be brought or loaded on to or into any relevant asset or any designated relevant asset, or not to do so unless the goods in question are subjected to a search or unless or until some other specified condition is complied with;

(c) to run no trains, or to restrict the running of trains, or to run no train unless it is subjected to a search, or unless or until some other specified condition is complied with;

(d) to secure the carrying out of a search of--

(i) any designated relevant assets, or

(ii) any persons or designated persons who, or any goods or designated goods which, are on or in any such assets;

(e) to furnish to the Secretary of State such information as he may require for the purpose mentioned in subsection (1) above;

(f) to prepare plans specifying action to be taken by the recipient and his servants or agents--

(i) in the event that an act of violence of a specified description occurs, or

(ii) in times when there is an increased likelihood of such acts occurring,

and to conduct, at specified intervals, exercises in connection with the implementation of such plans;

(g) to employ specified numbers of suitably trained staff for the purpose of preventing the occurrence of acts of violence;

(h) to meet specified requirements with respect to the construction of, or to make specified modifications to--

(i) any relevant assets, or any designated relevant assets, of which the recipient is the owner or operator, or

(ii) any apparatus or equipment, or any designated apparatus or equipment, on or in any such assets.

(4) Where an instruction requires the carrying out of a search, it may also specify--

(a) the kind of search which is to be carried out;

(b) the manner in which the search is to be carried out; and

(5) Where any person refuses to submit himself or any goods in his possession to a search required by an instruction, any person authorised to carry out that search may take any steps that are necessary, including the use of reasonable force--

(a) to prevent the person concerned from entering the relevant asset in relation to which the search is being carried out; or

(b) to eject him, and any goods in his possession, from that asset;

but this subsection is without prejudice to any other powers of the person carrying out the search.

(6) An instruction--

(a) shall be in writing;

(b) shall specify the time at which, or the period within which, it is to be complied with, and the period during which it is to have effect;

(7) No instruction shall have effect in relation to any rolling stock which is for the time being in use in police service or in the service of the armed forces of the Crown.

(8) A person who is the owner or operator of a relevant asset or who provides railway services shall be under a duty to comply with an instruction given to him under this section, notwithstanding the requirements of any other enactment or instrument relating to him or to--

(a) the use of, or the exercise of rights over, the relevant asset,

(b) the management of the relevant asset, or

as the case may be, and notwithstanding any other duty or obligation to which he may be subject.

(9) A person who without reasonable excuse fails to do anything required of him by an instruction is guilty of an offence and shall be liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine or to a term of imprisonment not exceeding two years, or to both.

(10) No proceedings shall be instituted in England and Wales in respect of an offence under subsection (9) above except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

(11) In this section--

"act of violence" means--
(a)
any act which constitutes, or
(b)
any potential act which, if carried out, would constitute,

the offence of murder, attempted murder, manslaughter, culpable homicide, assault, real injury or malicious mischief, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the [1861 c. 100.] Person Act 1861, under section 2 of the [1883 c. 3.] Explosive Substances Act 1883 or under section 1 of the [1971 c. 48.] Criminal Damage Act 1971;
"designated" means specified in an instruction, or of a class or description so specified;
"instruction" means an instruction given under this section, and any reference to an instruction includes a reference to an instruction as varied under subsection (6)(c) above;
"operator" and "owner" have the same meaning as in section 118 above;
"relevant asset" has the same meaning as in section 118 above, and any reference to such an asset includes a reference to any part of any such asset;
"specified" means specified in an instruction;

and, subject to that, expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.

120 Security: enforcement notices

(1) Where it appears to the Secretary of State that a person upon whom an instruction has been served has failed, is failing or is likely to fail to comply with that instruction, he may serve on that person a notice (in this section referred to as an "enforcement notice") containing such provision as the Secretary of State may consider requisite for the purpose of ensuring that the person complies with the instruction and specifying, in particular--

(a) the things, or the description of things, which the person is required to do, or refrain from doing, in order to comply with the instruction;

(b) the time within which, or after which, the person must do, or refrain from doing, those things; and

(2) The Secretary of State may vary or revoke an enforcement notice, and any reference in this section to an enforcement notice includes a reference to such a notice as varied under this subsection.

(3) Where the Secretary of State varies or revokes an enforcement notice under subsection (2) above he shall serve notice of the variation or revocation on the person on whom the enforcement notice in question was served.

(4) A person who without reasonable excuse fails to do anything required of him by an enforcement notice is guilty of an offence and shall be liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine or to a term of imprisonment not exceeding two years, or to both.

(5) No proceedings shall be instituted in England and Wales in respect of an offence under subsection (4) above except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

(6) Section 119(8) above shall have effect in relation to an enforcement notice as it has effect in relation to an instruction.

(7) Expressions used in this section and in section 119 above have the same meaning in this section as they have in that section.

121 Security: inspections

(1) For the purpose of enabling the Secretary of State to determine whether to give an instruction to any person, or of ascertaining whether any instruction or enforcement notice is being or has been complied with, a person authorised for the purpose by the Secretary of State in writing (in this section referred to as "an authorised person") shall have power, on production (if required) of his credentials, to inspect any relevant asset.

(2) An authorised person inspecting a relevant asset under subsection (1) above shall have power--

(a) to subject any property found by him on or in the relevant asset, or any apparatus or equipment installed in the relevant asset, to such tests as he considers necessary for the purpose for which the inspection is carried out;

(b) to take such steps as he considers necessary for that purpose--

(i) to ascertain what practices or procedures are being followed in relation to security; or

(ii) to test the effectiveness of any practice or procedure relating to security; or

(c) to require the owner or operator of the relevant asset to furnish to him such information as the authorised person considers necessary for that purpose;

but nothing in paragraph (a) above shall entitle an authorised person to subject any rolling stock, or any part of any rolling stock, to any test.

(3) An authorised person, for the purpose of exercising any power conferred on him by subsection (1) or (2) above in relation to any relevant asset, shall have power--

(a) to board any rolling stock and to take all such steps as are necessary to ensure that it is not moved; or

(b) to enter any land or other property comprised either in any track or in a network, station or light maintenance depot;

but nothing in this subsection authorises any use of force.

(4) A person is guilty of an offence if he--

(a) intentionally obstructs an authorised person acting in the exercise of any power conferred on him by this section;

(b) fails, without reasonable excuse, to comply with a requirement imposed on him under paragraph (c) of subsection (2) above to furnish information to an authorised person; or

(c) in furnishing any information required under that paragraph, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular.

(5) A person guilty of an offence under subsection (4) above shall be liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

(6) No proceedings shall be instituted in England and Wales in respect of an offence under subsection (4) above except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

(7) Expressions used in this section and in section 119 or 120 above have the same meaning in this section as they have in that section.

Statutory authority

122 Statutory authority as a defence to actions in nuisance etc

(1) Subject to the following provisions of this section--

(a) any person shall have authority--

(i) to use, or to cause or permit any agent or independent contractor of his to use, rolling stock on any track, or

(ii) to use, or to cause or permit any agent or independent contractor of his to use, any land comprised in a network, station or light maintenance depot for or in connection with the provision of network services, station services or light maintenance services, and

(b) any person who is the owner or occupier of any land shall have authority to authorise, consent to or acquiesce in--

(i) the use by another of rolling stock on any track comprised in that land, or

(ii) the use by another of that land for or in connection with the provision of network services, station services or light maintenance services,

if and so long as the qualifying conditions are satisfied in the particular case.

(2) For the purposes of this section, the "qualifying conditions" are--

(a) in relation to any use of rolling stock on track--

(i) that the track is comprised in a network, station or light maintenance depot, and

(ii) that the operator of that network, station or light maintenance depot is the holder of an appropriate licence or has the benefit of an appropriate licence exemption; and

(b) in relation to any use of land for or in connection with the provision of network services, station services or light maintenance services, that the operator of the network, station or light maintenance depot in question is the holder of an appropriate licence or has the benefit of an appropriate licence exemption.

(3) The authority conferred by this section is conferred only for the purpose of providing a defence of statutory authority--

(a) in England and Wales--

(i) in any proceedings, whether civil or criminal, in nuisance; or

(ii) in any civil proceedings, other than proceedings for breach of statutory duty, in respect of the escape of things from land;

(b) in Scotland, in any civil proceedings on the ground of nuisance where the rule of strict liability applies, other than proceedings for breach of statutory duty.

(4) Nothing in this section shall be construed as excluding a defence of statutory authority otherwise available under or by virtue of any enactment.

(5) The owner or occupier of any land shall be regarded for the purposes of this section as "acquiescing" in--

(a) any use by another of rolling stock on track comprised in that land, or

(b) any use of that land by another for or in connection with the provision of network services, station services or light maintenance services,

notwithstanding that it is not within his power to put an end to that use by that other.

(6) For the purposes of this section--

(a) any reference to the use of rolling stock on track includes a reference to the carriage of any passengers or other persons, or any goods, of any class or description for any purpose on or by means of that rolling stock on that track; and

(b) rolling stock shall be regarded as "used" on any track at any time when it is present on that track, irrespective of whether the rolling stock is comprised in a train or not, whether the rolling stock is moving or stationary and, if moving, irrespective of the means by which the motion is caused.

(7) In this section--

"appropriate licence", in relation to the operator of a network, station or light maintenance depot, means a licence which authorises him to be the operator of that network, station or light maintenance depot;
"appropriate licence exemption", in relation to the operator of a network, station or light maintenance depot, means any such licence exemption as exempts him from the requirement to hold the licence that would otherwise be the appropriate licence in his case;

and expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.

Miscellaneous and general

123 No person to be common carrier by railway

No person shall be regarded as a common carrier by railway.

124 Carriage of mail by railway

Sections 33 to 42 of the [1953 c. 36.] Post Office Act 1953 (which make provision for and in connection with the power of the Post Office to compel railway undertakers to convey mail-bags on their trains) shall cease to have effect.

125 Railway heritage

(1) A publicly owned railway company, the Board or any wholly owned subsidiary of the Board may dispose of any historical record or artefact which it owns and which is in its possession, but only if the disposal is in accordance with any directions given to the company or, as the case may be, the Board or the subsidiary under subsection (2) below by a committee ("the committee") established under a scheme made under this section.

(2) It shall be the function of the committee--

(a) to designate those classes or descriptions of record or artefact which, in the opinion of the committee, are of sufficient interest to warrant preservation and to notify publicly owned railway companies, the Board or any wholly owned subsidiary of the Board of the classes or descriptions so designated;

(b) to give directions to publicly owned railway companies, the Board or any wholly owned subsidiary of the Board--

(i) specifying the person or persons or the classes or descriptions of person to whom the companies or, as the case may be, the Board or subsidiary must offer any historical record or artefact; and

(ii) where there are two or more such persons, specifying the order in which the offers are to be made; and

(c) to give directions to publicly owned railway companies, the Board or any wholly owned subsidiary of the Board with respect to the terms (including any terms relating to payment) on which the companies or, as the case may be, the Board or subsidiary must offer any historical record or artefact to any such person.

(3) Directions under paragraph (b) or (c) of subsection (2) above may be of a general or specific character and may make different provision in relation to different classes or descriptions of record or artefact or different records or artefacts of the same class or description.

(4) A scheme under this section--

(a) shall provide for the committee to consist of a chairman, and not less than six other members, appointed by the Board with the approval of the Secretary of State;

(b) may make provision requiring the Board--

(i) to provide the committee with such administrative and secretarial assistance as the committee may reasonably require;

(ii) to reimburse any out-of-pocket expenses duly incurred by the chairman and other members of the committee in the performance of their functions; and

(c) may contain such supplemental and incidental provision as the Secretary of State may consider necessary or expedient.

(5) The power to make a scheme under this section shall be exercisable by order made by the Secretary of State after consultation with--

(a) the Board; and

(b) such other persons as the Secretary of State may consider appropriate.

(6) Subject to paragraph 7 of Schedule 1 to the [1958 c. 51.] Public Records Act 1958 and any Orders in Council made under that paragraph, nothing in that Schedule shall cause any records disposed of under or by virtue of subsection (1) above to become, by reason of that or any subsequent disposal, public records within the meaning of that Act; but any records disposed of under or by virtue of that subsection which at any time are for the time being in the custody of the Secretary of State for Scotland may be treated for the purposes of section 5(1) of the [1937 c. 43.] Public Records (Scotland) Act 1937 as records belonging to Her Majesty.

(7) Nothing in subsection (1) above, and no provision of any scheme made under this section, shall apply to any disposal made in accordance with a transfer scheme under Part II above.

(8) Without prejudice to the continuing operation of section 144 of the [1968 c. 73.] Transport Act 1968 in relation to the transfer or other disposal of any such historical records and relics, or other documents or objects, as are mentioned in that section--

(a) by any body or person which is a relevant authority, within the meaning of that section, or

(b) by any such subsidiary or former subsidiary as is mentioned in subsection (7A) of that section,

that section shall, in consequence of this section, cease to have effect in relation to transfers or other disposals of any such historical records or relics, or other objects or documents, by the Board as from such date as the Secretary of State may by order appoint.

(9) In this section (except subsection (8) above), "historical record or artefact" means any record or artefact of a class or description designated by the committee pursuant to subsection (2)(a) above.

126 General duties and powers of the Board

(1) In section 3 of the [1962 c. 46.] Transport Act 1962, at the beginning of subsection (1) (duty of the Board to provide railway services in Great Britain) there shall be inserted the words "Subject to subsection (1A) of this section," and after that subsection there shall be inserted--

" (1A) The Board shall be discharged from the duty imposed by subsection (1) of this section with respect to the provision of railway services in Great Britain if and to the extent that such services are, or have at any time since the coming into force of this subsection been,--

(a) provided by the Board, or a subsidiary of the Board, pursuant to any agreements or arrangements falling within subsection (1B) of this section; or

(b) provided (whether under or by virtue of the Railways Act 1993 or otherwise) by persons other than the Board and their subsidiaries;

but, notwithstanding anything in this subsection, it shall be the duty of the Board to have, as respects any railway services provided as mentioned in paragraph (a) of this subsection (and any other services or facilities provided in connection therewith) due regard to efficiency, economy and safety of operation.

(1B) The agreements or arrangements mentioned in subsection (1A)(a) of this section are as follows, namely--

(a) an agreement or arrangement made pursuant to the Railways Act 1993, to which the Franchising Director and the Board, or a subsidiary of the Board, are parties;

(b) an agreement made between--

(i) the Board or a subsidiary of the Board, and

(ii) a person who is the owner or operator of a railway asset or track,

being an agreement under which the Board or a subsidiary of the Board operates that railway asset or track or uses it to provide network, station or light maintenance services.

(1C) For the purposes of subsection (1B) above and this subsection--

(a) any reference to a railway asset includes a reference to any part of a railway asset;

(b) "operator", in relation to a railway asset or track, means the person having the management of that railway asset or track for the time being;

(i) who has an estate or interest in, or right over, the railway asset or track in question; and

(ii) whose permission to use that railway asset or track is needed by another before that other may use it;

and, subject to that, expressions used in either subsection and in Part I of the Railways Act 1993 have the same meaning in that subsection as they have in that Part. "

(2) At the end of that section there shall be added--

" (5) Subject to subsection (6) of this section, section 82 of the Railways Act 1993 (meaning of "railway services") shall apply for the purposes of this section as it applies for the purposes of Part I of that Act.

(6) If it appears to the Secretary of State that the Board--

(a) have ceased to provide railway services of a description falling within any paragraph ("the relevant paragraph") of subsection (1) of that section, or

(b) have ceased to provide such services otherwise than as mentioned in subsection (1A)(a) of this section,

he shall by order provide that, as from the date on which the order comes into force, subsection (1) of that section shall, in its application for the purposes of this section, have effect as if the relevant paragraph (which shall be specified in the order) were omitted therefrom.

(7) An order under subsection (6) of this section may make such consequential amendments or repeals of or in this section or any other enactment as may appear to the Secretary of State to be necessary or expedient for the purposes of, or in connection with, the order.

(8) The power to make an order under subsection (6) of this section shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

127 Power of the Board to provide business support services for other operators

(1) The Board shall have power to provide business support services for--

(a) the Regulator;

(b) any person who provides, or secures the provision of, railway services; or

(c) any person carrying on any undertaking which was, immediately before 1st April 1993, carried on by the Board or any wholly owned subsidiary of the Board.

(2) Without prejudice to the generality of the expression, the provision of "business support services" includes for the purposes of this section--

(a) the provision of any service or facility for or in relation to--

(i) information technology;

(ii) property management;

(iii) marketing;

(iv) the issuing of tickets;

(v) research; or

(vi) engineering; and

(b) the provision of technical or specialist advice.

(3) If the Secretary of State is of the opinion--

(a) that the Board has ceased to provide business support services of any class or description, or

(b) that it is no longer necessary, or no longer desirable, for the Board to have power to provide any business support services, or business support services of any class or description,

he may by order provide that, as from the date on which the order comes into force, the Board shall cease to have power to provide the business support services in question.

(4) The power of the Secretary of State to make an order under subsection (3) above is exercisable in relation to any power of the Board to provide business support services, whether under this section or otherwise.

(5) An order under subsection (3) above may make such consequential amendments or repeals in any enactment as may appear to the Secretary of State to be necessary or expedient for the purposes of, or in connection with, the order.

(6) In this section "railway services" has the same meaning as in Part I above.

128 Amendment of section 13 of the Transport Act 1962

(1) Section 13 of the [1962 c. 46.] Transport Act 1962 (which confers on the British Waterways Board and the Board powers to manufacture and produce items for business purposes) shall be amended in accordance with the following provisions of this section.

(2) After subsection (1) (which confers on the Boards power to undertake activities for the purposes of any business falling within paragraphs (a) to (c) of that subsection), there shall be inserted--

" (1A) Subsection (1) of this section shall have effect, in relation to the Railways Board, with the insertion after paragraph (c) of the following--

" (d) of the Rail Regulator,

(e) of any person who provides, or secures the provision of, railway services, within the meaning of Part I of the Railways Act 1993, or

(f) of any person carrying on any undertaking which was, immediately before 1st April 1993, carried on by the Railways Board or any wholly owned subsidiary of that Board, " ,

and with the omission of the word "or" immediately preceding that paragraph. "

(3) At the end of that section, there shall be added--

" (9) If the Secretary of State is of the opinion that it is no longer necessary, or no longer desirable, for the Railways Board to conduct any of the activities mentioned in subsection (1) of this section for the purposes of the business of any persons, or of persons of any class or description, mentioned in that subsection, he may by order provide that, as from the date on which the order comes into force, that Board shall cease to have power to conduct the activity in question in relation to the person in question.

(10) An order under subsection (9) of this section may make such consequential amendments or repeals in any enactment as may appear to the Secretary of State to be necessary or expedient for the purposes of, or in connection with, the order.

(11) Any order made under subsection (9) of this section shall be made by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) Any reference in this section to "business" includes, in the case of the Rail Regulator, a reference to the carrying on of any activity in the exercise of his powers or the performance of his duties. "

129 Bye-laws

(1) An independent railway operator may make bye-laws regulating--

(a) the use and working of, and travel on or by means of, any relevant assets;

(b) the maintenance of order on any relevant assets; and

(2) Without prejudice to the generality of subsection (1) above, an independent railway operator may, in particular, make bye-laws--

(a) with respect to tickets issued for entry upon relevant assets or travel by railway and the evasion of payment of fares or other charges;

(b) with respect to interference with, or obstruction of, the working of any railway or any relevant asset or the provision of any railway service;

(d) with respect to the receipt and delivery of goods; and

(e) for regulating the passage of bicycles and other vehicles on footways and other premises controlled by him and intended for the use of those on foot.

(3) In section 67 of the [1962 c. 46.] Transport Act 1962, after subsection (9) (confirmation of bye-laws by the Minister) there shall be inserted--

" (9A) The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith. "

(4) Subsections (3) and (5) to (12) of section 67 of the [1962 c. 46.] Transport Act 1962 (procedure for making bye-laws) shall apply in relation to bye-laws under this section as they apply in relation to bye-laws under subsection (1) of that section, but with the substitution for any reference to the Board of a reference to the independent railway operator in question.

(5) Subsection (4) of that section shall apply in relation to bye-laws under this section as it applies in relation to bye-laws under subsection (1) of that section, but--

(a) taking the reference to "a Board" as including a reference to an independent railway operator (and construing the reference to "the Board in question" accordingly); and

(b) taking the reference to "their railway" as including, in the case of that independent railway operator, a reference to any relevant asset.

(6) If and to the extent that, immediately before the coming into force of a transfer scheme, any bye-laws--

(a) made by the Board under section 67 of the [1962 c. 46.] Transport Act 1962, or having effect as if so made, or

(b) made by an independent railway operator under this section, or having effect as if so made,

have effect in relation to an undertaking, or part of an undertaking, transferred by the scheme, those bye-laws shall, as from the coming into force of the transfer scheme in relation to that undertaking or, as the case may be, that part of the undertaking, have effect in relation to the undertaking or part (as the case may be) as bye-laws made under this section by the transferee.

(7) In this section "independent railway operator" means any person, other than the Board, who is authorised by a licence to be the operator of a railway asset or of railway assets of a class or description.

(8) The exclusion of the Board from being an independent railway operator is without prejudice to the Board's subsidiaries and wholly owned subsidiaries.

(9) For the purposes of this section "relevant assets", in the case of any independent railway operator, means--

(a) any railway assets in relation to which he is the operator; and

(b) any rolling stock not falling within paragraph (a) above of which he has the management for the time being.

(10) Expressions used in this section and in Part I or II above have the same meaning in this section as they have in that Part.

(11) Apart from the amendment made by subsection (3) above, this section is without prejudice to section 84(3) of the [1962 c. 46.] Transport Act 1962.

(12) Any sums received by the Secretary of State under or by virtue of this section shall be paid into the Consolidated Fund.

130 Penalty fares

(1) The Secretary of State may by regulations make provision for and in connection with--

(a) the imposition of requirements on persons travelling by, present on, or leaving trains or stations to produce, if required to do so in accordance with the regulations, a ticket or other authority authorising them to travel by, be present on, or leave the train or station in question; and

(b) the charging of persons in breach of such requirements to financial penalties (in this section referred to as "penalty fares") in such circumstances, and subject to compliance with such conditions (if any), as may be prescribed;

and in this section any reference to a ticket or other authority of any description includes a reference to any other document which, under the regulations, is required to be produced in conjunction with any such ticket or other authority, for the purpose of demonstrating that the ticket or other authority produced by a person is valid in his case.

(2) Regulations may make provision for or with respect to--

(a) the persons who may be charged penalty fares;

(b) the persons by or on behalf of whom penalty fares may be charged;

(d) the amount, or the greatest amount, which a person may be charged by way of penalty fare, whether a specified amount or one determined in a prescribed manner;

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