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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

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Jurisdiction

 31    Jurisdiction

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

constable—

           (a)           on track,

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           (b)           on network,

           (c)           in a station,

           (d)           in a light maintenance depot,

           (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

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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.

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

anything specified in subsection (3)—

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           (a)           without a warrant,

           (b)           using reasonable force if necessary, and

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

     (3)    Those things are—

           (a)           track,

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           (b)           a network,

           (c)           a station,

           (d)           a light maintenance depot, and

           (e)           a railway vehicle.

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

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passed or made.

 32    Prosecution

Where the Police Force investigates an offence in the course of the exercise of

its functions, the Chief Constable may institute criminal proceedings in

England and Wales in respect of the offence.

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Police Services Agreements

 33    Police services agreement

     (1)    The Authority may enter into an agreement under this section (to be known as

a police services agreement) with any person (“the customer”) which

provides—

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           (a)           for the Police Force to police a railway or railway property in

connection with which the customer provides railways services, in

accordance with the objectives, plans, targets and directions set under

sections 50 to 55,

           (b)           for the Police Force to provide such additional policing services as may

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be specified in the agreement, and

           (c)           for such incidental or ancillary matters as the parties think appropriate.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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     (2)    The Authority may not enter into a police services agreement unless a draft is

approved in writing by the Secretary of State.

     (3)    A police services agreement shall include provision requiring the customer to

make payments to the Authority, which may be payments of—

           (a)           specified sums, or

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           (b)           sums assessed in a specified manner (which may include reference to

amounts paid, or expected to be paid, by the Authority).

     (4)    In determining the terms in a police services agreement of provision about

payment the Authority shall aim to ensure that—

           (a)           in each financial year the expenses of the Authority, including those

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incurred in defraying the expenses of the Police Force, are as nearly as

possible equivalent to the income of the Authority, and

           (b)           the amount of the contribution to the expenses of the Authority made

by each customer in a financial year approximately reflects the nature

and extent of the functions likely to be undertaken in that year in

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accordance with the customer’s police service agreement.

     (5)    But subsection (4) does not prevent the Authority from setting a customer’s

contribution at a level which—

           (a)           reflects a surplus of income over expenses in a previous financial year

(whether or not relating wholly or partly to functions carried out in

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respect of the customer);

           (b)           reflects a deficit in a previous financial year (whether or not relating

wholly or partly to functions carried out in respect of the customer);

           (c)           reflects the need to reserve funds for contingencies.

 34    Compulsory police services agreement

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     (1)    The Secretary of State may by order—

           (a)           require a person who provides railway services to enter into a police

services agreement;

           (b)           require each member of a class of persons providing railway services to

enter into a police services agreement.

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     (2)    A person commits an offence if—

           (a)           he is subject to a requirement under subsection (1), and

           (b)           he provides railway services without having entered into a police

services agreement in respect of the railway or railway property in

connection with which he provides the services.

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     (3)    A person who is guilty of an offence under subsection (2) shall be liable—

           (a)           on summary conviction, to a fine not exceeding the statutory

maximum, or

           (b)           on conviction on indictment, to a fine.

     (4)    The Authority shall take reasonable steps to facilitate compliance by a person

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with a requirement imposed under subsection (1).

     (5)    Before imposing a requirement on a person or class under subsection (1) the

Secretary of State shall consult the person or each member of the class.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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 35    Arbitration by Secretary of State

     (1)    This section applies to a dispute between the Authority and a person who has

entered into a police services agreement, where the dispute is about the terms,

construction or operation of the agreement.

     (2)    Either party to the dispute may refer it to the Secretary of State.

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     (3)    The Secretary of State may—

           (a)           determine the dispute, or

           (b)           nominate a person to determine the dispute.

     (4)    The Secretary of State shall determine the procedure to be followed in

determining a dispute under this section.

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     (5)    In particular, the Secretary of State or nominated person shall give each party

to the dispute an opportunity to make representations.

     (6)    In determining a dispute the Secretary of State or a nominated person may—

           (a)           give a declaration about how a provision of a police services agreement

is to be construed or operated;

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           (b)           vary the terms of a police services agreement;

           (c)           determine that one party is obliged in accordance with a police services

agreement to pay a specified sum, or a sum to be assessed in a specified

manner, to the other party;

           (d)           make an order about costs.

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     (7)    Where a dispute is determined under this section—

           (a)           a party may appeal to the High Court on a point of law;

           (b)           the determination may, with the permission of the High Court, be

enforced as if it were a judgment of the High Court (and may, in

particular, be enforced by the use of powers in relation to contempt of

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court).

     (8)    Where it is agreed by the parties that Scots law applies to the police services

agreement, a reference in subsection (7) to the High Court shall be treated as a

reference to the Court of Session.

Regulation of Police Force

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 36    Police regulations: general

     (1)    The Authority may make regulations about the government, administration

and conditions of constables or other persons employed in the service of the

Police Force which—

           (a)           apply with or without modification regulations under section 50 of the

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Police Act 1996 (c. 16) (police force regulations);

           (b)           deal with matters that could be dealt with by those regulations.

     (2)    The Authority shall also make regulations similar to the provision made by

and under sections 84 and 85 of that Act (representation at disciplinary

proceedings, and appeal).

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     (3)    Regulations under this section which deal with a matter addressed by

regulations under section 50 of that Act may differ from the regulations under

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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that section only so far as necessary to reflect the structure and circumstances

of the Police Force.

     (4)    The Authority may make provision about the terms and conditions of

employment of constables or other persons employed in the service of the

Police Force otherwise than by regulations under this section—

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           (a)           whether or not equivalent provision is made by regulations under

section 50 of the Police Act 1996 (c. 16), but

           (b)           subject to any regulations made under this section.

     (5)    This section does not apply in relation to special constables or cadets.

 37    Police regulations: special constables

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     (1)    The Authority may make regulations about the government, administration

and conditions of service of special constables of the Police Force which—

           (a)           apply with or without modification regulations under section 51 of the

Police Act 1996 (police force regulations);

           (b)           deal with matters that could be dealt with by those regulations.

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     (2)    Regulations under this section which deal with a matter addressed by

regulations under section 51 of that Act may differ from the regulations under

that section only so far as necessary to reflect the structure and circumstances

of the Police Force.

 38    Police regulations: cadets

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     (1)    The Authority may make regulations about the government, administration

and conditions of service of cadets of the Police Force which—

           (a)           apply with or without modification regulations under section 52 of the

Police Act 1996 (police force regulations);

           (b)           deal with matters that could be dealt with by those regulations.

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     (2)    Regulations under this section which deal with a matter addressed by

regulations under section 52 of that Act may differ from the regulations under

that section only so far as necessary to reflect the structure and circumstances

of the Police Force.

 39    British Transport Police Federation

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     (1)    The Authority may make regulations about a body to be known as the British

Transport Police Federation and having the function of representing persons

employed in the service of the Police Force in matters affecting their welfare

and efficiency except for questions about—

           (a)           the promotion of specified persons, or

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           (b)           the discipline of specified persons (but this paragraph is subject to

subsection (3)).

     (2)    Regulations under this section must make provision similar to that made by

regulations under section 60 of the Police Act 1996 (police federations) subject

to such modifications as may be necessary to reflect the structure and

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circumstances of the Police Force.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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     (3)    Regulations under this Part may permit an official of the British Transport

Police Federation to act for a person employed in the service of the Police Force

in proceedings arising under the regulations.

     (4)    The British Transport Police Federation—

           (a)           may not become or remain connected with any other body without the

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approval of the Secretary of State (which may be given conditionally or

unconditionally, and may be varied or withdrawn), but

           (b)           may employ in an administrative or advisory capacity a person who is

not employed in the service of the Police Force.

 40    Regulations: approval in draft

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     (1)    This section applies to regulations under section 36, 37, 38 or 39.

     (2)    The Authority may not make regulations unless a draft has been approved

by—

           (a)           the Chief Constable,

           (b)           the staff associations, and

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           (c)           the Secretary of State.

     (3)    The Secretary of State may on the application of the Authority dispense with a

requirement for approval under subsection (2)(a) or (b) in respect of specified

draft regulations.

     (4)    Before dispensing under subsection (3) with a requirement for a person’s

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approval the Secretary of State shall consult the person.

     (5)    In subsection (2)(b) “the staff associations” means such associations

representing persons employed in the service of the Police Force as may be

prescribed by order of the Secretary of State.

 41    Police regulations: direction to Authority

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The Secretary of State may direct the Authority to—

           (a)           prepare draft regulations under section 36, 37, 38 or 39 for a specified

purpose,

           (b)           submit them for approval under section 40(2) (whether or not as

modified in accordance with section 40(3)), and

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           (c)           make them if approved.

 42    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,

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special constables, cadets and police federations).

     (2)    Regulations under section 36, 37, 38 or 39 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

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

Act (representation at disciplinary proceedings, and appeal).

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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

consult—

           (a)           the Authority,

           (b)           the Chief Constable, and

           (c)           the staff associations (within the meaning of section 40).

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 43    Regulations: further appeal

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

connection with proceedings under regulations under section 36 or 37.

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

or tribunal.

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 44    Equipment regulations

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

1996 (c. 16) (standard of equipment) which have effect (whether wholly or

partly and whether with modifications or not) in relation to the Police Force

(including in relation to Scotland).

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     (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.

 45    Regulation of procedure and practice

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     (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

to Scotland).

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     (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

Constable, and

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

 46    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 36, 37 or 38

about the conditions of service of constables, special constables or

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cadets,

           (b)           the making by the Secretary of State of regulations under section 42

about the conditions of service of constables, special constables or

cadets,

           (c)           the issuing by the Secretary of State of a document under section 29,

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

of constables, special constables or cadets, and

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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           (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

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

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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—

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

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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

he shall, before acting—

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           (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

           (c)           have regard to any recommendation made.

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     (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

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

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                  (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

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

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           (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

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

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 47    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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