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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 3 — Money and property

    66

 

              (b)             make arrangements to have the accounts for each financial year

audited.

  18       All expenditure of the Authority shall be made by way of payment out of the

British Transport Police Fund.

Budget

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  19      (1)      The Authority shall before each financial year set a budget of expected

expenditure and income for the year.

          (2)      Before setting a budget the Authority shall consult—

              (a)             the Treasurer, and

              (b)             the Chief Constable.

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          (3)      A budget must be set by a decision taken—

              (a)             by majority vote at a meeting of the Authority,

              (b)             with at least half of the members of the Authority voting in favour,

and

              (c)             with at least half of the members who vote being neither officers of

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nor employed by a person who has entered into, or is required to

enter into, a police services agreement.

          (4)      If the Authority has not immediately before a financial year complied with

sub-paragraph (1) the Secretary of State may set a budget for the Authority

for the year.

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          (5)      Before setting a budget under sub-paragraph (4) the Secretary of State shall

consult—

              (a)             each member of the Authority,

              (b)             the Treasurer, and

              (c)             the Chief Constable.

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  20       The Authority shall make an estimate of the likely ratio of customers’

contributions in accordance with section 32(4)(b)—

              (a)             before and in relation to each consecutive period of five financial

years, and

              (b)             at such other times and in relation to such other periods as the

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Authority think appropriate.

Members: remuneration, allowances, &c.

  21      (1)      The Authority shall publish arrangements for the making of payments to or

in respect of members or former members whether by way of or in respect

of—

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              (a)             remuneration,

              (b)             allowances,

              (c)             expenses,

              (d)             compensation, or

              (e)             gratuity.

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          (2)      The first arrangements published under this paragraph shall come into

force—

              (a)             on being made, or

              (b)             at such later time as they may specify.

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 3 — Money and property

    67

 

          (3)      Subsequent arrangements published under this paragraph shall come into

force at the end of the period of 12 months beginning with the date of

publication.

          (4)      Arrangements under this paragraph may not be made without the consent

of the Secretary of State.

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          (5)      Arrangements under this paragraph shall, in particular, provide that

compensation may be paid by the Authority to a person who ceases to be a

member only if the Secretary of State thinks it appropriate because of special

circumstances.

          (6)      The Authority may make payments in accordance with arrangements

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published under this paragraph.

General staff: remuneration, allowances, &c.

  22      (1)      The Authority may make payments to or in respect of staff or former staff

whether by way of or in respect of—

              (a)             remuneration,

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              (b)             allowances,

              (c)             expenses,

              (d)             compensation, or

              (e)             gratuity.

          (2)      In this paragraph “staff” does not include a constable, cadet or civilian

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employee of the Police Force.

Constables, &c.: remuneration, allowances, &c.

  23      (1)      The Authority may make payments to or in respect of a person who is or has

been a constable, cadet or civilian employee of the Police Force—

              (a)             in accordance with the terms of the person’s appointment, and

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              (b)             subject to any provision made by or under this Act.

          (2)      The Authority may make payments to or for a person who is or has been a

constable of the Police Force in respect of proceedings brought against the

person in relation to anything done or not done in the course of or in

connection with his duties.

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          (3)      The Authority may on the recommendation of the Chief Constable make a

payment to a constable or cadet by way of reward for—

              (a)             exceptional diligence, or

              (b)             other specially meritorious conduct.

Pensions

35

  24      (1)      This paragraph applies in relation to any pension scheme which—

              (a)             had effect before the commencement of this Schedule principally or

exclusively for the benefit of constables of the old transport police

(within the meaning of section 72(3)), and

              (b)             has effect after the commencement of this Schedule (whether or not

40

wholly or partly by virtue of an order under that section) principally

or exclusively for the benefit of constables of the Police Force.

          (2)      The Secretary of State may by order vary—

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 3 — Money and property

    68

 

              (a)             the terms of the scheme;

              (b)             arrangements relating to the operation of the scheme.

          (3)      An order under sub-paragraph (2) may, in particular—

              (a)             amend an instrument under which a scheme has effect;

              (b)             amend an instrument regulating a scheme;

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              (c)             make provision about the manner in which a scheme can be

amended;

              (d)             make provision about the exercise of functions under a scheme;

              (e)             confer a function (which may include a discretionary function) on

the Secretary of State.

10

          (4)      An order under sub-paragraph (2) may not—

              (a)             make provision about—

                    (i)                   the persons who may participate in a scheme,

                    (ii)                  contributions by participants,

                    (iii)                 contributions by employers of participants,

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                    (iv)                  the investment of assets, or

                    (v)                   the winding up of all or part of the scheme,

              (b)             prevent approval of a scheme under Chapter I of Part XIV of the

Income and Corporation Taxes Act 1988 (c. 1) (retirement benefit

schemes), or

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              (c)             prevent a scheme from being a contracted-out scheme for the

purposes of Part III of the Pension Schemes Act 1993 (c. 48) or of the

Pension Schemes (Northern Ireland) Act 1993 (c. 49).

          (5)      Section 67(2) to (4) of the Pensions Act 1995 (c. 26) (restriction on power to

alter pension scheme) shall apply to the power conferred by sub-paragraph

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(2) (except in so far as may be prescribed under section 67(5)(b) of that Act).

          (6)      Provision made under sub-paragraph (2) shall have effect only in so far as it

is consistent with provision made under Schedule 11 to the Railways Act

1993 (c. 43).

          (7)      An order under sub-paragraph (2) may not be made unless the Secretary of

30

State has consulted the trustees of any scheme to which the order relates.

  25      (1)      The Authority may with the consent of the Secretary of State arrange for the

establishment of a pension scheme for the benefit of members or staff.

          (2)      A scheme established under sub-paragraph (1) may confer a function (which

may include a discretionary function) on the Secretary of State.

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          (3)      In this paragraph “staff” includes a constable, cadet or civilian employee of

the Police Force.

  26       The Authority may make payments—

              (a)             under a scheme in relation to which paragraph 24 applies;

              (b)             under a scheme which continues to have effect by virtue of or in

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accordance with an order under section 72(3);

              (c)             under a scheme which is established under paragraph 25;

              (d)             otherwise in respect of pensions for members, former members, staff

or former staff.

 

 

Railways and Transport Safety Bill
Schedule 5 — British Transport Police: Consequential Amendments

    69

 

Income

  27       The Secretary of State may make a payment to the Authority—

              (a)             by way of grant (subject to such conditions, if any, as the Secretary of

State may specify), or

              (b)             by way of loan (on such terms, as to interest or otherwise, as the

5

Secretary of State may specify).

  28       The Authority may accept money or other property, by way of grant, loan or

otherwise, from any person (whether or not subject to conditions or terms).

  29       The Authority may borrow money only from or with the consent (which

may be general or specific) of the Secretary of State.

10

  30       All money received by the Authority shall be paid into the British Transport

Police Fund.

Property

  31       The Authority may acquire, develop or dispose of property.

Financial year

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  32       The financial year of the Authority shall be the period of twelve months

ending with 31st March.

Part 4

Miscellaneous

Status

20

  33      (1)      The Authority shall not be regarded as the servant or agent of the Crown or

as enjoying any status, immunity or privilege of the Crown.

          (2)      Property of the Authority shall not be regarded as property of or held on

behalf of the Crown.

          (3)      Membership of or employment by the Authority is not employment in the

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civil service of the State.

Schedule 5

Section 72

 

British Transport Police: Consequential Amendments

British Transport Commission Act 1949 (c. xxix)

  1        Section 53 of the British Transport Commission Act 1949 (constables) shall

30

cease to have effect.

Railways Act 1993 (c. 43)

  2        Sections 132 and 133 of (and Schedule 10 to) the Railways Act 1993 (transport

police) shall cease to have effect.

 

 

Railways and Transport Safety Bill
Schedule 6 — Convention on International Carriage by Rail

    70

 

Anti-terrorism, Crime and Security Act 2001 (c. 24)

  3        Paragraphs 6 and 25 of Schedule 7 to the Anti-terrorism, Crime and Security

Act 2001 (amendment of s. 43 of Police (Scotland) Act 1967 and s. 90 of Police

Act 1996) shall cease to have effect.

General

5

  4       (1)      In the enactments specified in sub-paragraph (2) and, in so far as necessary

in consequence of Part 3 of this Act, in any other enactment, legislative or

other instrument or document—

              (a)             a reference (whether or not as the “British Transport Police Force”) to

constables appointed under section 53 of the British Transport

10

Commission Act 1949 shall be treated as a reference to the British

Transport Police Force established by Part 3 of this Act, and

              (b)             a definition of the “British Transport Police Force” or the “British

Transport Police” shall cease to have effect.

          (2)      The enactments referred to in sub-paragraph (1) are—

15

              (a)             sections 11, 12, 17, 42 and 51 of the Police (Scotland) Act 1967 (c. 77)

(general provisions, &c.),

              (b)             sections 54 and 57 of the Firearms Act 1968 (c. 27) (Crown

application),

              (c)             sections 35, 36, 63A and 118 of the Police and Criminal Evidence Act

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1984 (c. 60) (custody, &c.),

              (d)             sections 2, 2A and 2B of the Ministry of Defence Police Act 1987 (c. 4)

(jurisdiction),

              (e)             sections 54, 75, 87 and 89 of the Road Traffic Offenders Act 1988

(c. 53) (fixed penalty),

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              (f)             sections 60 and 60AA of the Criminal Justice and Public Order Act

1994 (c. 33) (stop and search, &c.),

              (g)             section 64 of the Disability Discrimination Act 1995 (c. 50) (Crown

application),

              (h)             sections 23, 24, 25, 30, 91 and 101 of the Police Act 1996 (c. 16)

30

(jurisdiction, &c.),

              (i)             sections 6, 9, 46, 55, 90, 93 and 94 of the Police Act 1997 (c. 50)

(appointments, &c.),

              (j)             sections 1 and 16 of the Crime and Disorder Act 1998 (c. 37) (anti-

social behaviour and truancy),

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              (k)             sections 34, 44, 121 and 122 of the Terrorism Act 2000 (c. 11) (powers),

              (l)             section 100 of the Anti-terrorism, Crime and Security Act 2001 (c. 24)

(jurisdiction of transport police), and

              (m)             sections 26, 43, 82 and 106 of the Police Reform Act 2002 (c. 30) (co-

operation, safety and nationality).

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Schedule 6

Section 102

 

Convention on International Carriage by Rail

PROVISION WHICH MAY BE INCLUDED IN REGULATIONS MADE UNDER OR

 

 

Railways and Transport Safety Bill
Schedule 6 — Convention on International Carriage by Rail

    71

 

BY VIRTUE OF SECTION 102

Introduction

  1       (1)      In this Schedule “regulations” means regulations which are made—

              (a)             in connection with the Convention specified in section 102(1), and

              (b)             under section 102(1) or section 2 of the European Communities Act

5

1972 (c. 68) (implementation of Community obligations).

          (2)      An expression used in this Schedule and in the Convention has the same

meaning in this Schedule as in the Convention.

          (3)      In this Schedule—

               “court” includes “tribunal”, and

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               “legal proceedings” includes arbitration.

General

  2        Regulations may—

              (a)             make provision enabling a right or duty arising under the

Convention to be enforced;

15

              (b)             deal with any matter arising out of or related to the Convention;

              (c)             supplement or amplify a provision of the Convention;

              (d)             amend an enactment;

              (e)             apply, disapply or modify the effect of an enactment;

              (f)             confer jurisdiction on a court;

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              (g)             confer a function (which may include a discretionary function) on

the Secretary of State or a person appointed in accordance with the

regulations;

              (h)             impose a duty to co-operate with a person exercising a function

under the Convention or the regulations;

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              (i)             enable a fee to be charged in connection with an inspection or the

exercise of another function under the Convention or the regulations;

              (j)             require a person to provide information to the Secretary of State or

another person;

              (k)             make provision about the disclosure of information;

30

              (l)             make provision about the admission of railway vehicles or other

railway material to international traffic, which may include

provision—

                    (i)                   which concerns the movement or treatment of vehicles or

other material following admission;

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                    (ii)                  which concerns the movement or treatment of passengers

following admission;

              (m)             make provision which applies generally or only in specific

circumstances;

              (n)             make different provision for different circumstances;

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              (o)             include consequential provision (which may include provision

amending or repealing an enactment);

              (p)             include transitional, supplemental or incidental provision.

 

 

Railways and Transport Safety Bill
Schedule 6 — Convention on International Carriage by Rail

    72

 

Changes to Convention

  3       (1)      Regulations may make provision about modification of the Convention in

accordance with its provisions.

          (2)      In particular, the regulations may—

              (a)             provide for a reference to the Convention to be treated following

5

modification (whether occurring before or after the reference first

takes effect) as a reference to the Convention as modified;

              (b)             make different provision in respect of modification by decision of a

committee and modification by decision of the General Assembly;

              (c)             provide for a suspension under Article 35(4) of the Convention to be

10

disregarded except in so far as it relates to the United Kingdom;

              (d)             give effect to a transitional provision made by or under the

Convention;

              (e)             make transitional provision in relation to a modification of the

Convention.

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          (3)      In this paragraph a reference to modification of the Convention includes a

reference to—

              (a)             the validation of a technical standard, and

              (b)             the adoption of a uniform technical prescription.

  4        Regulations may make provision about the publication of—

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              (a)             a change to the list of parties to the Convention;

              (b)             a declaration, objection or reservation by a party to the Convention;

              (c)             the suspension of part of the Convention in relation to a party;

              (d)             a modification of the Convention (including the validation of a

technical standard or the adoption of a uniform technical

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prescription).

Imposition of conditions

  5       (1)      Regulations may specify conditions which must be satisfied before a person

may—

              (a)             exercise a right under the Convention, or

30

              (b)             do something to which the Convention applies.

          (2)      The conditions may, in particular, relate to—

              (a)             the making of an application;

              (b)             the determination of an application by the Secretary of State or

another person;

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              (c)             the payment of a fee;

              (d)             the provision of information;

              (e)             the display of a sign on a rail vehicle;

              (f)             the attendance of a constable.

Sanctions

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  6       (1)      Regulations may provide a criminal or other sanction in connection with a

duty arising under the Convention or the regulations.

          (2)      But regulations may not create a criminal offence which—

 

 

 
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