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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

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 64    Remedial direction

     (1)    Where this section applies as a result of a report the Secretary of State may by

direction require the Authority to take specified measures for the purpose of

remedying a deficiency identified in the report.

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

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           (a)           notify the Authority and the Chief Constable of his intention to give a

direction and the reasons for it,

           (b)           give the Chief Constable an opportunity to make representations,

           (c)           give the Authority an opportunity to make representations, and

           (d)           give the Authority an opportunity to propose action that would make

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it unnecessary for the Secretary of State to give a direction.

     (3)    Where the Secretary of State gives a direction under this section he shall lay

before Parliament—

           (a)           a copy of the direction, and

           (b)           a report about it.

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 65    Action plan

     (1)    Where this section applies as a result of a report, the Secretary of State may by

direction require the Authority to submit to him a plan of action to be taken to

remedy a deficiency identified in the report.

     (2)    A direction under this section may require a plan to include, in particular—

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           (a)           performance targets;

           (b)           a timetable;

           (c)           proposals for assessment of achievement;

           (d)           proposals for reporting to the Secretary of State about progress.

     (3)    A direction under this section must specify a period of between four and

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twelve weeks within which the plan must be submitted.

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

           (a)           notify the Authority and the Chief Constable of his intention to give a

direction and the reasons for it,

           (b)           give the Chief Constable an opportunity to make representations,

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           (c)           give the Authority an opportunity to make representations, and

           (d)           give the Authority an opportunity to propose action that would make

it unnecessary for the Secretary of State to give a direction.

     (5)    Where the Secretary of State gives a direction under this section he shall notify

the Chief Constable.

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     (6)    As soon as is reasonably practicable after receiving a direction under this

section the Authority shall require the Chief Constable to submit a draft plan

of action.

     (7)    Before submitting to the Secretary of State a plan which differs from the Chief

Constable’s draft the Authority shall consult him.

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     (8)    Where the Secretary of State gives a direction under this section he shall lay

before Parliament—

           (a)           a copy of the direction, and

           (b)           a report about it.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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     (9)    If the Secretary of State thinks that a plan of action submitted by the Authority

under this section is inadequate, he may—

           (a)           inform the Authority of his opinion and the reasons for it, and

           (b)           give a new direction under this section.

 66    Senior appointment: delegation of function

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The Secretary of State may delegate to the chief inspector of constabulary

appointed under section 54 of the Police Act 1996 (c. 16) or section 33 of the

Police (Scotland) Act 1967 (c. 77) the function of—

           (a)           approving an appointment under or by virtue of a provision of this

Part, or

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           (b)           giving consent under section 22(4) or 23(4).

Miscellaneous

 67    Offences

     (1)    Subsections (1) and (2) of section 89(1) and (2) of the Police Act 1996 (assault on

constable, &c.) shall apply in relation to a constable of the Police Force as they

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apply in relation to other constables in England and Wales.

     (2)    Section 90 of that Act (impersonation of constable) shall apply as if—

           (a)           a reference to a member of a police force included a reference to a

constable of the Police Force, and

           (b)           a reference to a special constable appointed for a police area included a

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reference to a special constable of the Police Force.

     (3)    In their application in relation to the Police Force by virtue of this section,

sections 89 and 90 of that Act shall have effect throughout England and Wales

and Scotland.

 68    Part III of the Road Traffic Offenders Act 1988 (c. 53)

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     (1)    Part III of Road Traffic Offenders Act 1988 (fixed penalties) shall be amended

as follows.

     (2)    In section 75 (conditional offers in Scotland) after subsection (3) insert—

           “(3A)              Where a constable is a constable of the British Transport Police Force

subsection (3) shall have effect as if the reference to the chief constable

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were a reference to the chief constable of that force.”

     (3)    In section 76(2)(b) (limitation on proceedings) after “constable” insert “or, as

the case may be, the chief constable of the British Transport Police Force”.

 69    International assistance

     (1)    The Authority may provide advice or assistance, or arrange for the Police Force

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to provide advice or assistance, to a body which has responsibilities in relation

to the policing of a railway outside Great Britain.

     (2)    Advice or assistance under subsection (1)—

           (a)           may, in particular, involve the secondment of an employee,

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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           (b)           may be provided on terms or conditions (whether as to payment or

otherwise), and

           (c)           may not involve the provision of financial assistance (whether or not by

way of investment).

     (3)    The power under subsection (1) may be exercised only with the consent of the

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Secretary of State (which may be general or specific and conditional or

unconditional).

 70    Exercise of functions by Secretary of State

The Secretary of State shall exercise his functions in relation to the Authority

under this Part for the purpose of promoting the efficiency and effectiveness of

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the Police Force.

General

 71    Crown application

This Part applies in relation to property irrespective of whether it belongs to or

is used for the purposes of the Crown or a Duchy.

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 72    Consequential, transitional and incidental provision

     (1)    Schedule 5 (amendments consequential on this Part) shall have effect.

     (2)    The Secretary of State may by order make consequential, transitional or

incidental provision, or savings, for the purpose of or in connection with a

provision of this Part.

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     (3)    Transitional provision under subsection (2) may, in particular, make provision

in connection with the abolition of the police force comprising constables

appointed under section 53 of the British Transport Commission Act 1949 (c.

xxix) (“the old transport police”); and that provision may include, in particular,

provision—

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           (a)           for the transfer to the Authority of staff (including, but not limited to,

constables) presently employed by the Strategic Rail Authority or by

another person in connection with the old transport police;

           (b)           for the transfer to the Authority of property held (whether by the

Strategic Rail Authority or by another person) for the purpose of or in

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connection with the old transport police;

           (c)           for the transfer to the Authority of rights and liabilities arising in

connection with the old transport police;

           (d)           for employment to be treated as continuous in the case of staff

transferred;

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           (e)           for or in relation to the continuity (with or without modifications) of a

scheme in respect of pensions, which may include a scheme having

effect under an instrument;

           (f)           for provision under paragraph (c) or (e) to be treated as having a

specified effect for the purposes of an enactment about pension

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schemes;

           (g)           for a pension scheme to have effect with specified modifications (which

may include the conferring of a discretionary function on the Secretary

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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of State) for the purpose of ensuring or enhancing consistency of

treatment in relation to—

                  (i)                 different classes of employee of the Authority, or

                  (ii)                schemes appertaining to different classes of employee of the

Authority;

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           (h)           treating persons appointed to the old transport police as having been

appointed under this Part;

           (i)           for dealing with—

                  (i)                 the termination of agreements made in respect of the old

transport police;

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                  (ii)                the treatment of rights and liabilities under agreements made in

respect of the old transport police by persons who enter into

police services agreements with the Authority (whether or not

they are required to do so);

           (j)           for the assignment or transfer (under paragraphs (a) to (c)) of property,

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rights or liabilities that would not otherwise be capable of being

assigned or transferred;

           (k)           about the continuity of legal proceedings;

           (l)           to have effect in place of the provision relating to bankruptcy

restrictions orders while the enactment conferring power to make those

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orders has not come into force;

           (m)           in respect of the period (if any) between the coming into force of section

18 and the beginning of the first financial year of the Authority.

     (4)    An order under subsection (2) may amend an enactment or instrument.

 73    Regulations and orders

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     (1)    An order or regulations under this Part—

           (a)           may make provision which applies generally or only in specified cases

or circumstances,

           (b)           may make different provision for different cases or circumstances, and

           (c)           may make transitional, consequential or incidental provision.

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     (2)    An order or regulations made by the Secretary of State under this Part shall be

made by statutory instrument.

     (3)    The following shall not be made unless a draft has been laid before and

approved by resolution of each House of Parliament—

           (a)           an order under section 72(2) which amends an enactment or

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instrument,

           (b)           an order under section 72(2) which is made by virtue of section 72(3),

and

           (c)           an order under paragraph 24(2) of Schedule 4.

     (4)    An order under paragraph 1(2) of Schedule 4 shall be laid before Parliament.

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     (5)    Any other order or regulations made by the Secretary of State under this Part

shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

 

 

 
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