(1) The principal Regulations shall be amended as follows.
(2) After regulation 2, insert—
Application to rail freight
(2A)
(1) In this regulation, “the rail freight Regulations ” means the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) Regulations 2001 .
(2) To the extent (and with the modification) set out in the Schedule to these Regulations, these Regulations apply in relation to a penalty imposed under section 32 of the Act as applied by regulations 3 and 4 of the rail freight Regulations .
(3) Where these Regulations apply in accordance with paragraph (2), any reference in these Regulations to a provision of the Act is to that provision as applied (with or without modification) by the rail freight Regulations.
(3) At the end of the principal Regulations, insert—
APPLICATION TO RAIL FREIGHT
(1) Subject to the modification set out in paragraph 2 below, the following provisions of these Regulations apply—
regulation 2;
regulation 3;
regulation 4;
regulation 6;
regulation 8 (except paragraphs (1)(b)(ii) and (2)(b));
regulation 9 (except paragraph (1)(c)(ii));
regulation 10 (except paragraph (d));
regulation 11.
(2) In regulation 2, replace “section 32(1)” by “section 39(1)”.