If the appropriate authority is satisfied that a relevant operator has contravened or is contravening—
the appropriate authority may impose on the relevant operator a penalty of such amount as is reasonable.
A penalty is payable
The amount of a penalty imposed on a relevant operator may not exceed 10 per cent. of his turnover determined in accordance with an order made by the Secretary of State; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.
No penalty may be imposed in respect of any contravention of a final or provisional order if provision was made in the order by virtue of section 55(7A) above in relation to the contravention.
Neither the Secretary of State nor the Scottish Ministers nor the Welsh Ministers shall impose a penalty on a licence holder or person under closure restrictions unless—
Before imposing a penalty under this section, the Office of Rail and Road shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
The Office of Rail and Road shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.