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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

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Part 2

Office of Rail Regulation

 15    Establishment

     (1)    There shall be a body corporate to be known as the Office of Rail Regulation.

     (2)    Schedule 1 (which makes provision about the Office) shall have effect.

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 16    Transfer of functions

     (1)    The functions of the Rail Regulator are hereby transferred to the Office of Rail

Regulation.

     (2)    Subsection (1) applies to a function whether conferred by an enactment, by an

agreement or otherwise.

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     (3)    All property, rights and liabilities to which the Rail Regulator is entitled or

subject at the coming into force of this section (including rights and liabilities

relating to staff) are hereby transferred to the Office of Rail Regulation.

     (4)    The office of the Rail Regulator is hereby abolished.

     (5)    Schedules 2 (consequential amendments) and 3 (savings, &c.) shall have effect.

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 17    Extent      

This Part shall extend only to—

           (a)           England and Wales, and

           (b)           Scotland.

Part 3

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British Transport Police

Police Authority

 18    The British Transport Police Authority

     (1)    There shall be a body corporate to be known as the British Transport Police

Authority.

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     (2)    Schedule 4 (which makes provision about the Authority) shall have effect.

     (3)    In this Part “the Authority” means the British Transport Police Authority.

 19    Exercise of functions

In performing its functions the Authority shall aim to ensure the efficient and

effective policing of the railways and shall, in particular, have regard—

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           (a)           to any objective set by the Authority under section 49,

           (b)           to any objective set by the Secretary of State under section 50,

           (c)           to any railways policing plan issued by the Authority under section 51,

           (d)           to any performance target set by the Authority under section 52,

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    9

 

           (e)           to any code of practice issued by the Secretary of State, or having effect

in relation to the Authority, under section 46, and

           (f)           in relation to a particular year, to the National Policing Plan for that

year.

Police Force

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 20    Establishment of Police Force

     (1)    The Authority shall secure the maintenance of an efficient and effective police

force—

           (a)           to be known as the British Transport Police Force, and

           (b)           to police the railways.

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     (2)    In particular, the Authority shall defray the expenses of the Police Force.

     (3)    In this Part “the Police Force” means the British Transport Police Force.

 21    Chief Constable

     (1)    The Authority shall appoint a Chief Constable of the Police Force.

     (2)    An appointment under subsection (1) may be made only—

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           (a)           with the approval of the Secretary of State, and

           (b)           in accordance with regulations under section 35.

     (3)    In performing his functions the Chief Constable shall have regard to—

           (a)           any relevant code of practice issued or having effect under section 47,

           (b)           any relevant plan issued under section 51, and

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           (c)           any relevant plan issued under section 54.

     (4)    The Secretary of State may make regulations about the suspension and

removal of the Chief Constable.

     (5)    Regulations under subsection (4)—

           (a)           may apply (with or without modification) or make provision similar to

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a provision made by or under the Police Act 1996 (c. 16),

           (b)           may confer a function on the Secretary of State (which may include a

discretionary function or a function of requiring the Authority to act),

           (c)           may permit the Secretary of State to delegate a function or to confer a

function (which may include a discretionary function) on a person or

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group, and

           (d)           may make provision about costs.

     (6)    Regulations under subsection (4) which deal with a matter addressed by a

provision made by or under the Police Act 1996 may differ from that provision

only so far as necessary to reflect the structure and circumstances of the Police

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Force.

     (7)    Before making regulations under subsection (4) the Secretary of State shall

consult—

           (a)           the Authority,

           (b)           the Chief Constable, and

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           (c)           such other persons as he thinks fit.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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     (8)    In this Part “the Chief Constable” means the Chief Constable of the Police

Force.

 22    Deputy Chief Constable

     (1)    The Authority shall appoint a deputy Chief Constable of the Police Force.

     (2)    An appointment under subsection (1) may be made only—

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           (a)           with the approval of the Secretary of State, and

           (b)           in accordance with regulations under section 35.

     (3)    The deputy Chief Constable may perform a function of the Chief Constable—

           (a)           while the Chief Constable is unable to act or unavailable,

           (b)           during a vacancy in the office of Chief Constable, or

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           (c)           with the consent (which may be general or specific) of the Chief

Constable.

     (4)    The power to act by virtue of subsection (3)(a) or (b) shall not be exercisable for

a continuous period exceeding three months without the consent of the

Secretary of State.

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     (5)    The Secretary of State may make regulations about the suspension and

removal of the deputy Chief Constable.

     (6)    Regulations under subsection (5)—

           (a)           may apply (with or without modification) or make provision similar to

a provision made by or under the Police Act 1996 (c. 16),

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           (b)           may confer a function on the Secretary of State (which may include a

discretionary function or a function of requiring the Authority to act),

           (c)           may permit the Secretary of State to delegate a function or to confer a

function (which may include a discretionary function) on a person or

group, and

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           (d)           may make provision about costs.

     (7)    Regulations under subsection (5) which deal with a matter addressed by a

provision made by or under the Police Act 1996 may differ from that provision

only so far as necessary to reflect the structure and circumstances of the Police

Force.

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     (8)    Before making regulations under subsection (5) the Secretary of State shall

consult—

           (a)           the Authority,

           (b)           the Chief Constable, and

           (c)           such other persons as he thinks fit.

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 23    Assistant Chief Constables

     (1)    The Authority shall appoint at least one assistant Chief Constable.

     (2)    An appointment under subsection (1) may be made only—

           (a)           with the approval of the Secretary of State, and

           (b)           in accordance with regulations under section 35.

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     (3)    The Authority may permit an assistant Chief Constable to perform a function

of the Chief Constable—

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    11

 

           (a)           while the Chief Constable and the deputy Chief Constable are unable

to act or unavailable, or

           (b)           during a vacancy in the offices of Chief Constable and deputy Chief

Constable.

     (4)    Permission under subsection (3) may not have effect for a continuous period

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exceeding three months without the consent of the Secretary of State.

     (5)    The Secretary of State may make regulations about the suspension and

removal of an assistant Chief Constable.

     (6)    Regulations under subsection (5)—

           (a)           may apply (with or without modification) or make provision similar to

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a provision made by or under the Police Act 1996 (c. 16),

           (b)           may confer a function on the Secretary of State (which may include a

discretionary function or a function of requiring the Authority to act),

           (c)           may permit the Secretary of State to delegate a function or to confer a

function (which may include a discretionary function) on a person or

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group, and

           (d)           may make provision about costs.

     (7)    Regulations under subsection (5) which deal with a matter addressed by a

provision made by or under the Police Act 1996 may differ from that provision

only so far as necessary to reflect the structure and circumstances of the Police

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Force.

     (8)    Before making regulations under subsection (5) the Secretary of State shall

consult—

           (a)           the Authority,

           (b)           the Chief Constable, and

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           (c)           such other persons as he thinks fit.

 24    Constables

     (1)    The Authority shall appoint and employ constables of the Police Force.

     (2)    A constable of the Police Force shall be under the direction and control of the

Chief Constable.

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     (3)    Section 29 of the Police Act 1996 (attestation) shall apply to a constable of the

Police Force appointed in England or Wales (with the omission of the words in

paragraph (b) “having jurisdiction within the police area”).

     (4)    Section 16 of the Police (Scotland) Act 1967 (c. 77) (declaration) shall apply to a

constable of the Police Force appointed in Scotland (with the substitution of the

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words “faithfully to execute” for “in such terms as may be prescribed

concerning the proper discharge of”).

 25    Special constables

     (1)    The Chief Constable may appoint special constables of the Police Force.

     (2)    A special constable of the Police Force—

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           (a)           shall be under the direction and control of the Chief Constable, and

           (b)           may be dismissed by the Chief Constable.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    12

 

     (3)    Section 29 of the Police Act 1996 (c. 16) (attestation) shall apply to a special

constable of the Police Force appointed in England or Wales (with the omission

of the words in paragraph (b) “having jurisdiction within the police area”).

     (4)    Section 16 of the Police (Scotland) Act 1967 (c. 77) (declaration) shall apply to a

special constable of the Police Force appointed in Scotland (with the

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substitution of the words “faithfully to execute” for “in such terms as may be

prescribed concerning the proper discharge of”).

     (5)           Section 88(1) to (5) of the Police Act 1996 (liability for wrongful act of constable)

shall have effect in relation to special constables of the Police Force as if—

           (a)           a reference to the chief officer of police for a police area were a reference

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to the Chief Constable,

           (b)           a reference to a constable were a reference to a special constable,

           (c)           a reference to the police fund were a reference to the British Transport

Police Fund,

           (d)           a reference to a police authority were a reference to the Authority, and

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           (e)           subsection (5) included a reference to a special constable of the Police

Force.

     (6)    A reference in this Part to a constable of the Police Force includes a reference to

a special constable of the Police Force.

 26    Cadets

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     (1)    The Chief Constable may appoint cadets to undergo training with a view to

becoming constables of the Police Force.

     (2)    A cadet of the Police Force—

           (a)           shall be under the direction and control of the Chief Constable,

           (b)           may be dismissed by the Chief Constable, and

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           (c)           shall be an employee of the Authority (subject to regulations under

section 37).

 27    Civilian employees

     (1)    The Authority may employ persons to assist the Police Force.

     (2)    A person appointed under this section shall be under the direction and control

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of either the Chief Constable or the Authority, in accordance with his terms of

employment.

 28    Terms of employment

     (1)    In relation to the terms and conditions of employment of constables and other

persons employed in the service of the Police Force, the Authority shall comply

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with rules or principles contained in any document issued to them for the

purpose by the Secretary of State.

     (2)    Rules or principles under subsection (1) may, in particular—

           (a)           require the adoption of specified scales or ranges of pay or allowances;

           (b)           require a specified class of employee to be treated for specified

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purposes in the same way as another specified class of employee

(whether of the Authority or not) or office-holder;

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    13

 

           (c)           require the approval of the Secretary of State for changes in the policy

or practice of the Authority;

           (d)           require compliance with rules or principles specified or to be specified

in another document.

 29    Trade union membership

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     (1)    A constable or cadet of the Police Force may not be a member of a trade union

(within the meaning given by section 1 of the Trade Union and Labour

Relations (Consolidation) Act 1992 (c. 52)).

     (2)    Subsection (1) shall not prevent—

           (a)           membership of the British Transport Police Federation, or

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           (b)           retention, with the consent of the Chief Constable, of a membership

status acquired by a person before he joined the Police Force.

Jurisdiction

 30    Jurisdiction

     (1)    A constable of the Police Force shall have all the powers and privileges of a

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constable—

           (a)           on track,

           (b)           on network,

           (c)           in a station,

           (d)           in a light maintenance depot,

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           (e)           on other land used for purposes of or in relation to a railway,

           (f)           on other land in which a person who provides railway services has a

freehold or leasehold interest, and

           (g)           throughout Great Britain for a purpose connected to a railway or to

anything occurring on or in relation to a railway.

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     (2)    A constable of the Police Force may enter property which is or forms part of

anything specified in subsection (3)—

           (a)           without a warrant,

           (b)           using reasonable force if necessary, and

           (c)           whether or not an offence has been committed.

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     (3)    Those things are—

           (a)           track,

           (b)           a network,

           (c)           a station,

           (d)           a light maintenance depot, and

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           (e)           a railway vehicle.

     (4)    In this section “powers” includes powers under an enactment whenever

passed or made.

 

 

 
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Revised 2 April 2003