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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

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Information, &c.

 55    Reports by Chief Constable

     (1)    As soon as is reasonably practicable after the end of each financial year the

Chief Constable shall submit to the Authority a report about the policing of the

railways in that year.

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     (2)    The Chief Constable shall publish a report submitted by him under subsection

(1).

     (3)    The Authority may require the Chief Constable to submit a report on specified

matters connected with the performance of his functions.

     (4)    The Authority may publish, or require the Chief Constable to publish, a report

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submitted under subsection (3).

     (5)    But if the Chief Constable thinks that publication of all or part of a report under

subsection (3) would be unnecessary, or undesirable for reasons of public

interest—

           (a)           he may require the Authority to refer to the Secretary of State the

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question whether that report or part should be published, and

           (b)           the report or part shall be published only if the Secretary of State directs

that it should be published.

 56    Annual report by Authority

     (1)    As soon as is reasonably practicable after the end of each financial year the

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Authority shall issue a report about the policing of the railways in that year.

     (2)    The Authority’s report for a year must include an assessment of the extent to

which—

           (a)           the objectives set for the year under section 49 have been achieved,

           (b)           the arrangements set out in the railways policing plan for the year

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under section 51 have been implemented, and

           (c)           the strategies set out in the relevant three-year strategy plan under

section 54 have been implemented.

     (3)    The Authority shall—

           (a)           publish each report under this section, and

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

 57    Other reports to Secretary of State

     (1)    The Secretary of State may by direction require the Authority to submit a

report on specified matters connected with the performance of its functions.

     (2)    The Secretary of State may by direction require the Chief Constable to submit

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a report on specified matters connected with the performance of his functions.

     (3)    The Authority or Chief Constable shall submit a report required by direction

under this section—

           (a)           in such form as may be specified in the direction, and

           (b)           within such period as may be specified in the direction.

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     (4)    The Secretary of State may—

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    24

 

           (a)           publish a report received under this section;

           (b)           require the author of the report to arrange for its publication.

 58    Statistics

     (1)    The Secretary of State may require the Chief Constable to supply information

about matters relating to crime committed on or in connection with the

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railways.

     (2)    In particular, the Secretary of State may require information about—

           (a)           offences committed;

           (b)           offenders;

           (c)           criminal proceedings.

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     (3)    The Chief Constable shall supply information required under this section at

such times and in such form as the Secretary of State requires.

     (4)    Where the Secretary of State receives information under this section he shall

lay it or a summary of it before Parliament.

 59    Inquiry

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     (1)    The Secretary of State may appoint a person to inquire into a matter connected

with the Police Force.

     (2)    The Secretary of State may require a person appointed under this section to

conduct the inquiry in public or in private.

     (3)    A person appointed under this section may summon a person to attend at a

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specified time and place—

           (a)           to give evidence;

           (b)           to produce a document.

     (4)    Where the Secretary of State receives a report of an inquiry under this section

he shall, in so far as he thinks it in the public interest, publish a summary of the

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report.

     (5)    In the application of this section to an inquiry held in Scotland subsection (3)

shall have effect as if for “summon” there were substituted “cite”.

 60    Inquiry: supplemental

     (1)    A person appointed under section 59 may—

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           (a)           require evidence to be given on oath, and

           (b)           for that purpose, administer an oath.

     (2)    A person appointed under section 59 may not require the production of a

document relating to the title of land which is not the property of the

Authority.

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     (3)    A person commits an offence if without reasonable excuse he—

           (a)           fails to comply with a summons under section 59, or

           (b)           obstructs or fails to co-operate with an inquiry under that section.

     (4)    A person has a reasonable excuse for failure to comply with a summons if he

is not offered payment of the reasonable costs of compliance.

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Railways and Transport Safety Bill
Part 3 — British Transport Police

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

summary conviction to—

           (a)           a fine not exceeding level 3 on the standard scale,

           (b)           imprisonment for a term not exceeding 51 weeks, or

           (c)           both.

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     (6)    The Secretary of State may direct the Authority to pay all or part of the costs

incurred by a person in connection with an inquiry under section 59.

     (7)    A direction under subsection (6) may include provision for taxation of costs.

     (8)    In the application of this section in relation to an inquiry held in Scotland

subsections (3) and (4) shall have effect as if for “summons” there were

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substituted “citation”.

 61    Public consultation

     (1)    The Authority shall make, and review from time to time, arrangements to

obtain the opinions about the policing of the railways of—

           (a)           passengers on the railways,

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           (b)           groups of persons representing passengers on the railways,

           (c)           persons providing railway services,

           (d)           organisations representing persons providing railway services,

           (e)           employees of persons providing railway services,

           (f)           organisations representing employees of persons providing railway

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services,

           (g)           the Scottish Ministers,

           (h)           the National Assembly for Wales,

           (i)           organisations representing local authorities in England,

           (j)           the Strategic Rail Authority,

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           (k)           the Office of Rail Regulation,

           (l)           the Rail Accident Investigation Branch,

           (m)           the Health and Safety Commission,

           (n)           the Health and Safety Executive, and

           (o)           other persons with an interest in the railways whom the Authority

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thinks it appropriate to consult.

     (2)    The Authority shall make, and review from time to time, arrangements to

invite the co-operation of the persons listed in subsection (1) in preventing

crime on the railways.

     (3)    Before making or reviewing arrangements under this section the Authority

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shall—

           (a)           consult the Chief Constable, and

           (b)           have regard to any guidance issued by the Secretary of State.

     (4)    The Secretary of State may—

           (a)           issue guidance about arrangements under this section;

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           (b)           require the Authority to report to him on arrangements under this

section;

           (c)           require the Authority to review arrangements under this section.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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Inspection

 62    Inspection

     (1)    Her Majesty’s Inspectors of Constabulary shall inspect the Police Force from

time to time.

     (2)    Her Majesty’s Inspectors of Constabulary shall also inspect the Police Force if

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requested by the Secretary of State to inspect the force—

           (a)           generally, or

           (b)           in respect of a particular matter.

     (3)    Following an inspection the inspectors shall report to the Secretary of State on

the efficiency and effectiveness of the force—

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           (a)           generally, or

           (b)           in the case of an inspection under subsection (2)(b), in respect of the

matters to which the inspection related.

     (4)    A report under subsection (3) must be in such form as the Secretary of State

may direct.

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     (5)    Where the Secretary of State receives a report under subsection (3) he shall

publish it.

     (6)    Section 55 of the Police Act 1996 (c. 16) (inspection reports: publication and

comment) shall have effect, with any necessary modifications, in relation to a

report of an inspection under this section.

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     (7)    The Authority shall pay to the Secretary of State such amounts as the Secretary

of State may specify in respect of an inspection carried out under this section.

     (8)    In the application of this section in relation to Scotland—

           (a)           a reference to Her Majesty’s Inspectors of Constabulary shall be treated

as a reference to inspectors of constabulary appointed under section

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33(1) of the Police (Scotland) Act 1967 (c. 77), and

           (b)           where an inspection under this section is carried out by inspectors so

appointed the references to the Secretary of State in subsection (7) shall

be treated as references to the Scottish Ministers.

 63    Action after adverse inspection report

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     (1)    Sections 64 and 65 apply where a report of Her Majesty’s Inspectors of

Constabulary states that the Police Force is inefficient or ineffective—

           (a)           generally, or

           (b)           in a specified respect.

     (2)    Sections 64 and 65 also apply where a report of Her Majesty’s Inspectors of

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Constabulary states that the Police Force is likely, unless remedial measures

are taken, to become inefficient or ineffective—

           (a)           generally, or

           (b)           in a specified respect.

     (3)    In the application of this section in relation to Scotland a reference to Her

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Majesty’s Inspectors of Constabulary shall be treated as a reference to

inspectors of constabulary appointed under section 33(1) of the Police

(Scotland) Act 1967.

 

 

 
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