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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

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 41    Police regulations by Secretary of State

     (1)    The Secretary of State may by regulations make provision in relation to the

Police Force in respect of any matter about which he could make regulations

under section 50, 51, 52 or 60 of the Police Act 1996 (c. 16) (general regulations,

special constables, cadets and police federations).

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     (2)    Regulations under section 35, 36, 37 or 38 above shall have no effect in so far as

they are inconsistent with regulations under this section.

     (3)    If regulations under this section make provision for a matter specified in

section 50(3) of the Police Act 1996 (disciplinary proceedings) they must also

make provision similar to that made by and under sections 84 and 85 of that

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Act (representation at disciplinary proceedings, and appeal).

     (4)    Before making regulations under this section the Secretary of State shall

consult—

           (a)           the Authority,

           (b)           the Chief Constable, and

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           (c)           the staff associations (within the meaning of section 39).

 42    Regulations: further appeal

     (1)    The Secretary of State may make regulations providing for a further appeal in

connection with proceedings under regulations under section 35 or 36.

     (2)    Regulations under this section may, in particular, confer jurisdiction on a court

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or tribunal.

 43    Equipment regulations

     (1)    The Secretary of State may make regulations under section 53 of the Police Act

1996 (standard of equipment) which have effect (whether wholly or partly and

whether with modifications or not) in relation to the Police Force (including in

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relation to Scotland).

     (2)    Before making regulations by virtue of this section the Secretary of State shall

consult (in addition to any consultation required by section 53)—

           (a)           the Authority, and

           (b)           the Chief Constable.

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 44    Regulation of procedure and practice

     (1)    The Secretary of State may make regulations under section 53A of the Police

Act 1996 (regulation of procedure and practice for purpose of facilitating inter-

force co-operation) which have effect (whether wholly or partly and whether

with modifications or not) in relation to the Police Force (including in relation

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to Scotland).

     (2)    For the purpose of regulations made by virtue of this section, section 53A shall

have effect as if—

           (a)           a reference to a police authority included a reference to the Authority,

           (b)           a reference to chief officers of police included a reference to the Chief

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Constable, and

           (c)           a reference to a police force included a reference to the Police Force.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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 45    Conditions of service: Transport Police Conference

     (1)    This section applies to action of any of the following kinds—

           (a)           the making by the Authority of regulations under section 35, 36 or 37

about the conditions of service of constables, special constables or

cadets,

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           (b)           the making by the Secretary of State of regulations under section 41

about the conditions of service of constables, special constables or

cadets,

           (c)           the issuing by the Secretary of State of a document under section 28,

           (d)           the taking by the Authority of a decision about the conditions of service

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of constables, special constables or cadets, and

           (e)           the taking by the Secretary of State of a decision about the conditions of

service of constables, special constables or cadets.

     (2)    Before taking action to which this section applies the Authority or the Secretary

of State shall invite the British Transport Police Federation to nominate a

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number of individuals, not fewer than two nor more than five, to meet with an

equal number of individuals nominated by the Authority to discuss the action

proposed.

     (3)    Where a group is nominated under subsection (2) the person proposing to act

shall, before acting—

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           (a)           give the group an opportunity to make recommendations about the

proposed action, and

           (b)           have regard to any recommendation made.

     (4)    Where the person proposing to act thinks that a group nominated under

subsection (2) is unable to agree recommendations about the proposed action

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he shall, before acting—

           (a)           give the group an opportunity to nominate an individual who is not

part of the group to make recommendations about the proposed action,

           (b)           give any person nominated by the group an opportunity to make

recommendations about the proposed action, and

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           (c)           have regard to any recommendation made.

     (5)    Where the person proposing to act thinks that a group nominated under

subsection (2) is unable to agree a nomination under subsection (4)(a)—

           (a)           the Secretary of State may nominate a person to make

recommendations about the proposed action, and

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           (b)           the person proposing to act shall, before acting—

                  (i)                 give any person nominated under paragraph (a) an opportunity

to make recommendations about the proposed action, and

                  (ii)                have regard to any recommendation made.

     (6)    In subsections (4) and (5) a reference to agreement of a group nominated under

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subsection (2) is a reference to the agreement of—

           (a)           a majority of the individuals nominated by the British Transport Police

Federation, and

           (b)           a majority of the individuals nominated by the Authority.

     (7)    In this section a reference to conditions of service includes a reference to any

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terms and conditions of employment (including pay and hours of duty).

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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 46    Code of practice: Authority

     (1)    The Secretary of State may issue a code of practice relating to the performance

by the Authority of any of its functions.

     (2)    The Secretary of State may revise a code issued under subsection (1).

     (3)    A code of practice issued under section 39 of the Police Act 1996 (c. 16) shall

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have effect in relation to the Authority—

           (a)           with any necessary modifications, and

           (b)           subject to the provisions of a code issued under this section.

     (4)    Where the Secretary of State issues or revises a code under this section he shall

lay before Parliament the code or revision.

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 47    Code of practice: Chief Constable

     (1)    The Secretary of State may issue a code of practice relating to the performance

by the Chief Constable of any of his functions.

     (2)    The Secretary of State may revise a code issued under subsection (1).

     (3)    A code of practice issued under section 39A of the Police Act 1996 shall have

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effect in relation to the Chief Constable—

           (a)           with any necessary modifications, and

           (b)           subject to the provisions of a code issued under this section.

     (4)    Where the Secretary of State issues or revises a code under this section he shall

lay before Parliament the code or revision.

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     (5)    But subsection (4) shall not oblige the Secretary of State to lay before

Parliament anything if he thinks that its publication—

           (a)           would be against the interests of national security,

           (b)           could prejudice the prevention or detection of crime or the

apprehension or prosecution of offenders, or

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           (c)           could jeopardise a person’s safety.

 48    Service outside Police Force

     (1)    The Secretary of State may make regulations about the treatment by the

Authority of a person who—

           (a)           is or was a constable of the Police Force, and

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           (b)           is or was engaged in service outside the Police Force of a specified kind.

     (2)    The regulations shall, in particular, make provision similar to that of section 97

of the Police Act 1996 (service by police officer outside his force) subject to any

modification necessary to reflect the structure and circumstances of the Police

Force.

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Planning

 49    Policing objectives: Authority

     (1)    Before the beginning of each financial year the Authority shall set objectives for

policing the railways during that year.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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     (2)    The objectives—

           (a)           may relate to a matter addressed by objectives set by the Secretary of

State under section 50, and

           (b)           must be consistent with those objectives.

     (3)    In setting the objectives for a year the Authority shall—

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           (a)           consult the Chief Constable,

           (b)           have regard to opinions expressed in accordance with section 61,

           (c)           have regard to objectives set for that year by the Secretary of State

under section 37 of the Police Act 1996 (c. 16), and

           (d)           have regard to the National Policing Plan for that year.

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 50    Policing objectives: Secretary of State

     (1)    The Secretary of State may by direction to the Authority set objectives for

policing the railways during a financial year.

     (2)    The Secretary of State shall publish a direction under this section.

     (3)    Before giving a direction under this section the Secretary of State shall

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consult—

           (a)           the Authority, and

           (b)           the Chief Constable.

     (4)    Before giving a direction under this section the Secretary of State shall consider

any representations made to him by the Scottish Ministers on the matter of

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objectives for policing the railways in Scotland.

 51    Railways policing plan

     (1)    Before the beginning of each financial year the Authority shall issue a plan

setting out the proposed arrangements for policing the railways during that

year.

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     (2)    The plan for a year must include a statement of—

           (a)           the Authority’s priorities for the year,

           (b)           the financial resources which the Authority expects to be available, and

           (c)           the proposed allocation of resources.

     (3)    The plan for a year must specify—

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           (a)           any objective set by the Authority for that year under section 49,

           (b)           any objective by the Secretary of State for the year under section 50, and

           (c)           any performance target set by the Authority in relation to the

achievement of an objective for that year (whether set under section 52

or otherwise).

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     (4)    A plan for a year must be consistent with the relevant three-year strategy plan

issued by the Authority under section 54.

     (5)    The Chief Constable shall submit to the Authority a draft plan for each

financial year.

     (6)    Before issuing a plan which differs from the Chief Constable’s draft the

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Authority shall consult him.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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     (7)    In preparing a plan the Chief Constable and the Authority shall have regard to

any guidance given by the Secretary of State about local policing plans under

section 8(4A) of the Police Act 1996 (c. 16).

     (8)    The Authority shall—

           (a)           publish each plan under this section, and

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           (b)           send a copy of each plan under this section to the Secretary of State.

 52    Performance targets

     (1)    The Secretary of State may by direction to the Authority require it to set a target

in relation to the achievement of an objective set under section 50.

     (2)    A direction may specify a condition which a target must satisfy.

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     (3)    The Secretary of State shall publish a direction under this section.

     (4)    Before giving a direction under this section the Secretary of State shall consider

any representations made to him by the Scottish Ministers on the matter of

targets for policing the railways in Scotland.

 53    Performance directions

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     (1)    The Secretary of State may give a direction to the Authority containing

provision of a kind which he could make in respect of a best value authority—

           (a)           by order under section 4 of the Local Government Act 1999 (c. 27)

(performance indicators and standards), or

           (b)           in guidance under section 5(6) of that Act (performance targets and

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plans of action).

     (2)    The Secretary of State shall publish a direction under this section.

     (3)    Before giving a direction the Secretary of State shall consult—

           (a)           the Authority, and

           (b)           any other person that he thinks appropriate.

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 54    Three-year strategy plan

     (1)    The Authority shall before the beginning of each consecutive period of three

financial years issue a plan which sets out the authority’s medium-term and

long-term strategies for policing the railways during that period.

     (2)    For the purposes of this section—

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           (a)           subsections (2) to (12), (14) and (15) of section 6A of the Police Act 1996

(three-year strategy plans) shall have effect (with any necessary

modification), and

           (b)           guidance and regulations made under that section shall, in the absence

of special provision, be taken to apply (with any necessary

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modification).

     (3)    In the application of section 6A(5) and (10) of that Act to this section the

reference to the National Policing Plan shall be taken to include a reference to

any objective or performance target set under section 50 or 52 of this Act.

 

 

 
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