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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

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 31    Prosecution

Where the Police Force investigates an offence in the course of the exercise of

its functions, the Chief Constable may institute criminal proceedings in

England and Wales in respect of the offence.

Police Services Agreements

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 32    Police services agreement

     (1)    The Authority may enter into an agreement under this section (to be known as

a police services agreement) with any person (“the customer”) which

provides—

           (a)           for the Police Force to police a railway or railway property in

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connection with which the customer provides railways services, in

accordance with the objectives, plans, targets and directions set under

sections 49 to 54,

           (b)           for the Police Force to provide such additional policing services as may

be specified in the agreement, and

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           (c)           for such incidental or ancillary matters as the parties think appropriate.

     (2)    The Authority may not enter into a police services agreement unless a draft is

approved in writing by the Secretary of State.

     (3)    A police services agreement shall include provision requiring the customer to

make payments to the Authority, which may be payments of—

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           (a)           specified sums, or

           (b)           sums assessed in a specified manner (which may include reference to

amounts paid, or expected to be paid, by the Authority).

     (4)    In determining the terms in a police services agreement of provision about

payment the Authority shall aim to ensure that—

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           (a)           in each financial year the expenses of the Authority, including those

incurred in defraying the expenses of the Police Force, are as nearly as

possible equivalent to the income of the Authority, and

           (b)           the amount of the contribution to the expenses of the Authority made

by each customer in a financial year approximately reflects the nature

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and extent of the functions likely to be undertaken in that year in

accordance with the customer’s police service agreement.

     (5)    But subsection (4) does not prevent the Authority from setting a customer’s

contribution at a level which—

           (a)           reflects a surplus of income over expenses in a previous financial year

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(whether or not relating wholly or partly to functions carried out in

respect of the customer);

           (b)           reflects a deficit in a previous financial year (whether or not relating

wholly or partly to functions carried out in respect of the customer);

           (c)           reflects the need to reserve funds for contingencies.

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 33    Compulsory police services agreement

     (1)    The Secretary of State may by order—

           (a)           require a person who provides railway services to enter into a police

services agreement;

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    15

 

           (b)           require each member of a class of persons providing railway services to

enter into a police services agreement.

     (2)    A person commits an offence if—

           (a)           he is subject to a requirement under subsection (1), and

           (b)           he provides railway services without having entered into a police

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services agreement in respect of the railway or railway property in

connection with which he provides the services.

     (3)    A person who is guilty of an offence under subsection (2) shall be liable—

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

maximum, or

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           (b)           on conviction on indictment, to a fine.

     (4)    The Authority shall take reasonable steps to facilitate compliance by a person

with a requirement imposed under subsection (1).

     (5)    Before imposing a requirement on a person or class under subsection (1) the

Secretary of State shall consult the person or each member of the class.

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 34    Arbitration by Secretary of State

     (1)    This section applies to a dispute between the Authority and a person who has

entered into a police services agreement, where the dispute is about the terms,

construction or operation of the agreement.

     (2)    Either party to the dispute may refer it to the Secretary of State.

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     (3)    The Secretary of State may—

           (a)           determine the dispute, or

           (b)           nominate a person to determine the dispute.

     (4)    The Secretary of State shall determine the procedure to be followed in

determining a dispute under this section.

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     (5)    In particular, the Secretary of State or nominated person shall give each party

to the dispute an opportunity to make representations.

     (6)    In determining a dispute the Secretary of State or a nominated person may—

           (a)           give a declaration about how a provision of a police services agreement

is to be construed or operated;

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           (b)           vary the terms of a police services agreement;

           (c)           determine that one party is obliged in accordance with a police services

agreement to pay a specified sum, or a sum to be assessed in a specified

manner, to the other party;

           (d)           make an order about costs.

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     (7)    Where a dispute is determined under this section—

           (a)           a party may appeal to the High Court on a point of law;

           (b)           the determination may, with the permission of the High Court, be

enforced as if it were a judgment of the High Court (and may, in

particular, be enforced by the use of powers in relation to contempt of

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court).

     (8)    Where it is agreed by the parties that Scots law applies to the police services

agreement, a reference in subsection (7) to the High Court shall be treated as a

reference to the Court of Session.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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Regulation of Police Force

 35    Police regulations: general

     (1)    The Authority may make regulations about the government, administration

and conditions of constables or other persons employed in the service of the

Police Force which—

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           (a)           apply with or without modification regulations under section 50 of the

Police Act 1996 (c. 16) (police force regulations);

           (b)           deal with matters that could be dealt with by those regulations.

     (2)    The Authority shall also make regulations similar to the provision made by

and under sections 84 and 85 of that Act (representation at disciplinary

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proceedings, and appeal).

     (3)    Regulations under this section which deal with a matter addressed by

regulations under section 50 of that Act may differ from the regulations under

that section only so far as necessary to reflect the structure and circumstances

of the Police Force.

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     (4)    The Authority may make provision about the terms and conditions of

employment of constables or other persons employed in the service of the

Police Force otherwise than by regulations under this section—

           (a)           whether or not equivalent provision is made by regulations under

section 50 of the Police Act 1996, but

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           (b)           subject to any regulations made under this section.

     (5)    This section does not apply in relation to special constables or cadets.

 36    Police regulations: special constables

     (1)    The Authority may make regulations about the government, administration

and conditions of service of special constables of the Police Force which—

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           (a)           apply with or without modification regulations under section 51 of the

Police Act 1996 (police force regulations);

           (b)           deal with matters that could be dealt with by those regulations.

     (2)    Regulations under this section which deal with a matter addressed by

regulations under section 51 of that Act may differ from the regulations under

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that section only so far as necessary to reflect the structure and circumstances

of the Police Force.

 37    Police regulations: cadets

     (1)    The Authority may make regulations about the government, administration

and conditions of service of cadets of the Police Force which—

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           (a)           apply with or without modification regulations under section 52 of the

Police Act 1996 (police force regulations);

           (b)           deal with matters that could be dealt with by those regulations.

     (2)    Regulations under this section which deal with a matter addressed by

regulations under section 52 of that Act may differ from the regulations under

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that section only so far as necessary to reflect the structure and circumstances

of the Police Force.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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 38    British Transport Police Federation

     (1)    The Authority may make regulations about a body to be known as the British

Transport Police Federation and having the function of representing persons

employed in the service of the Police Force in matters affecting their welfare

and efficiency except for questions about—

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           (a)           the promotion of specified persons, or

           (b)           the discipline of specified persons (but this paragraph is subject to

subsection (3)).

     (2)    Regulations under this section must make provision similar to that made by

regulations under section 60 of the Police Act 1996 (c. 16) (police federations)

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subject to such modifications as may be necessary to reflect the structure and

circumstances of the Police Force.

     (3)    Regulations under this Part may permit an official of the British Transport

Police Federation to act for a person employed in the service of the Police Force

in proceedings arising under the regulations.

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     (4)    The British Transport Police Federation—

           (a)           may not become or remain connected with any other body without the

approval of the Secretary of State (which may be given conditionally or

unconditionally, and may be varied or withdrawn), but

           (b)           may employ in an administrative or advisory capacity a person who is

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not employed in the service of the Police Force.

 39    Regulations: approval in draft

     (1)    This section applies to regulations under section 35, 36, 37 or 38.

     (2)    The Authority may not make regulations unless a draft has been approved

by—

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           (a)           the Chief Constable,

           (b)           the staff associations, and

           (c)           the Secretary of State.

     (3)    The Secretary of State may on the application of the Authority dispense with a

requirement for approval under subsection (2)(a) or (b) in respect of specified

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draft regulations.

     (4)    Before dispensing under subsection (3) with a requirement for a person’s

approval the Secretary of State shall consult the person.

     (5)    In subsection (2)(b) “the staff associations” means such associations

representing persons employed in the service of the Police Force as may be

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prescribed by order of the Secretary of State.

 40    Police regulations: direction to Authority

The Secretary of State may direct the Authority to—

           (a)           prepare draft regulations under section 35, 36, 37 or 38 for a specified

purpose,

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           (b)           submit them for approval under section 39(2) (whether or not as

modified in accordance with section 39(3)), and

           (c)           make them if approved.

 

 

 
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