Transport Bill - continued        House of Lords

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SCHEDULE 18
 
  TRANSFER TO SRA OF BR'S FUNCTIONS RELATING TO TRANSPORT POLICE
  PART I
  FUNCTIONS
 
British Transport Commission Act 1949 (c.xxix)
     1. The British Transport Commission Act 1949 has effect subject to the following amendments.
 
     2. - (1) Section 53 (transport police), in its application to England and Wales, is amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) for "British Railways Board" substitute "Strategic Rail Authority", and
 
    (b) for "that Board" substitute "that Authority".
      (3) In subsection (1A)-
 
 
    (a) for "British Railways Board" substitute "Strategic Rail Authority", and
 
    (b) for "that Board" substitute "that Authority".
      (4) In subsection (2) (as substituted by section 25(2) of the British Railways Act 1978)-
 
 
    (a) in paragraph (c), for "Commission" substitute "Authority", and
 
    (b) in paragraph (e), for the words from "which authority" to "is hereby" substitute "which authority any justice or the Chief Constable of the British Transport Police Force is hereby".
      (5) In subsection (3)-
 
 
    (a) for "British Railways Board" (in each place) substitute "Strategic Rail Authority", and
 
    (b) for "that Board" (in both places) substitute "that Authority".
     3. - (1) Section 53, in its application to Scotland, is amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) after the definition of "the approved scheme" insert-
 
    ""the Authority" means the Strategic Rail Authority;", and
 
    (b) in the definition of "the Boards" omit "the British Railways Board".
      (3) In subsection (2)-
 
 
    (a) for "any one or more" insert "the Authority or either or both", and
 
    (b) after "recommended to him" insert "by the Authority or".
      (4) In subsection (4)(a)-
 
 
    (a) in sub-paragraph (i), for "any" substitute "the Authority or either", and
 
    (b) in sub-paragraph (ii), for "British Railways Board" substitute "the Authority".
      (5) In subsection (5)-
 
 
    (a) for "Any one or more" substitute "The Authority or either or both",
 
    (b) after the first "except with the consent of" insert "the Authority or, as the case may be,", and
 
    (c) for "British Railways Board" substitute "the Authority".
 
British Transport Commission Act 1962 (c.xlii)
     4. - (1) Section 43 of the British Transport Commission Act 1962 (constables) is amended as follows.
 
      (2) Omit subsection (1).
 
      (3) In subsection (2), for "the said section 53" substitute "section 53 (constables) of the Act of 1949".
 
 
Police and Criminal Evidence Act 1984 (c.60)
     5. In section 6 of the Police and Criminal Evidence Act 1984 (stop and search powers: statutory undertakers etc.), in subsection (1A) (transport police), for "by the British Railways Board" substitute "by the Strategic Rail Authority".
 
 
Channel Tunnel Act 1987 (c. 53)
     6. - (1) Section 14 of the Channel Tunnel Act 1987 (arrangements for policing of tunnel system) is amended as follows.
 
      (2) In subsection (2) (power of Board to provide constables or other assistance), for "Railways Board" substitute "Strategic Rail Authority".
 
      (3) In subsection (5) (payments by Kent police authority)-
 
 
    (a) for "Railways Board" substitute "Strategic Rail Authority", and
 
    (b) for "Board" substitute "Authority".
 
Railways Act 1993 (c.43)
     7. The Railways Act 1993 has effect subject to the following amendments.
 
     8. In section 132 (scheme for organisation etc. of transport police), in subsection (1), in subsection (2) (in both places) and in subsections (3) and (4), for "Board" substitute "Authority".
 
     9. In section 133(1) (terms and conditions of employment of transport police)-
 
 
    (a) omit "continue to", and
 
    (b) for "Board" substitute "Authority".
     10. In paragraph 3(2) of Schedule 10 (power of Secretary of State, after consultation with Board and others, to amend existing scheme for organisation of transport police), for "Board" (in both places) substitute "Authority".
 
  PART II
  ASSOCIATED PROPERTY, RIGHTS AND LIABILITIES
     11. All the property, rights and liabilities of the Board relating to the transport police force are by virtue of this paragraph transferred to the Authority.
 
     12. Nothing in this Part affects the validity of anything done by or in relation to the Board in connection with the transport police force.
 
     13. There may be continued by or in relation to the Authority anything (including legal proceedings) relating to the transport police force which is in the process of being done by or in relation to the Board when this Schedule comes into force.
 
     14. Anything done by the Board for the purpose of or in connection with the transport police force which is in effect immediately before the property, rights and liabilities of the Board relating to the transport police force are transferred to the Authority shall be treated as if done by the Authority.
 
     15. The Authority shall be substituted for the Board in private Acts, instruments made under Acts, other documents and legal proceedings relating to the transport police force.
 
     16. Where a transport police officer or other person employed by the Board for the purposes of the transport police force becomes an employee of the Authority by virtue of this section-
 
 
    (a) for the purposes of Part XI of the Employment Rights Act 1996, he shall not be regarded as having been dismissed by virtue of the transfer, and
 
    (b) for the purposes of that Act, his period of employment with the Board counts as a period of employment with the Authority and the change of employment does not break the continuity of the period of employment.
     17. In this Part of this Schedule-
 
 
    "the property, rights and liabilities relating to the transport police force" means the property, rights and liabilities comprised in the part of the Board's undertaking which constitutes the transport police force (including, in particular, rights and liabilities relating to transport police officers and other persons employed by the Board for the purposes of the transport police force),
 
    "the transport police force" means the British Transport Police Force, and
 
    "transport police officers" means the constables appointed under section 53 of the British Transport Commission Act 1949.
 
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Prepared 28 July 2000