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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

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 48    Code of practice: Chief Constable

     (1)    The Secretary of State may issue a code of practice relating to the performance

by the Chief Constable of any of his functions.

     (2)    The Secretary of State may revise a code issued under subsection (1).

     (3)    A code of practice issued under section 39A of the Police Act 1996 (c. 16) shall

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have effect in relation to the Chief Constable—

           (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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     (5)    But subsection (4) shall not oblige the Secretary of State to lay before

Parliament anything if he thinks that its publication—

           (a)           would be against the interests of national security,

           (b)           could prejudice the prevention or detection of crime or the

apprehension or prosecution of offenders, or

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           (c)           could jeopardise a person’s safety.

 49    Service outside Police Force

     (1)    The Secretary of State may make regulations about the treatment by the

Authority of a person who—

           (a)           is or was a constable of the Police Force, and

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           (b)           is or was engaged in service outside the Police Force of a specified kind.

     (2)    The regulations shall, in particular, make provision similar to that of section 97

of the Police Act 1996 (service by police officer outside his force) subject to any

modification necessary to reflect the structure and circumstances of the Police

Force.

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Planning

 50    Policing objectives: Authority

     (1)    Before the beginning of each financial year the Authority shall set objectives for

policing the railways during that year.

     (2)    The objectives—

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           (a)           may relate to a matter addressed by objectives set by the Secretary of

State under section 51, and

           (b)           must be consistent with those objectives.

     (3)    In setting the objectives for a year the Authority shall—

           (a)           consult the Chief Constable,

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           (b)           have regard to opinions expressed in accordance with section 62,

           (c)           have regard to objectives set for that year by the Secretary of State

under section 37 of the Police Act 1996, and

           (d)           have regard to the National Policing Plan for that year.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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 51    Policing objectives: Secretary of State

     (1)    The Secretary of State may by direction to the Authority set objectives for

policing the railways during a financial year.

     (2)    The Secretary of State shall publish a direction under this section.

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

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consult—

           (a)           the Authority, and

           (b)           the Chief Constable.

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

any representations made to him by the Scottish Ministers on the matter of

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objectives for policing the railways in Scotland.

 52    Railways policing plan

     (1)    Before the beginning of each financial year the Authority shall issue a plan

setting out the proposed arrangements for policing the railways during that

year.

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     (2)    The plan for a year must include a statement of—

           (a)           the Authority’s priorities for the year,

           (b)           the financial resources which the Authority expects to be available, and

           (c)           the proposed allocation of resources.

     (3)    The plan for a year must specify—

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           (a)           any objective set by the Authority for that year under section 50,

           (b)           any objective by the Secretary of State for the year under section 51, and

           (c)           any performance target set by the Authority in relation to the

achievement of an objective for that year (whether set under section 53

or otherwise).

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     (4)    A plan for a year must be consistent with the relevant three-year strategy plan

issued by the Authority under section 55.

     (5)    The Chief Constable shall submit to the Authority a draft plan for each

financial year.

     (6)    Before issuing a plan which differs from the Chief Constable’s draft the

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Authority shall consult him.

     (7)    In preparing a plan the Chief Constable and the Authority shall have regard to

any guidance given by the Secretary of State about local policing plans under

section 8(4A) of the Police Act 1996 (c. 16).

     (8)    The Authority shall—

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           (a)           publish each plan under this section, and

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

 53    Performance targets

     (1)    The Secretary of State may by direction to the Authority require it to set a target

in relation to the achievement of an objective set under section 51.

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     (2)    A direction may specify a condition which a target must satisfy.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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     (3)    The Secretary of State shall publish a direction under this section.

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

any representations made to him by the Scottish Ministers on the matter of

targets for policing the railways in Scotland.

 54    Performance directions

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     (1)    The Secretary of State may give a direction to the Authority containing

provision of a kind which he could make in respect of a best value authority—

           (a)           by order under section 4 of the Local Government Act 1999 (c. 27)

(performance indicators and standards), or

           (b)           in guidance under section 5(6) of that Act (performance targets and

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plans of action).

     (2)    The Secretary of State shall publish a direction under this section.

     (3)    Before giving a direction the Secretary of State shall consult—

           (a)           the Authority, and

           (b)           any other person that he thinks appropriate.

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 55    Three-year strategy plan

     (1)    The Authority shall before the beginning of each consecutive period of three

financial years issue a plan which sets out the authority’s medium-term and

long-term strategies for policing the railways during that period.

     (2)    For the purposes of this section—

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           (a)           subsections (2) to (12), (14) and (15) of section 6A of the Police Act 1996

(c. 16) (three-year strategy plans) shall have effect (with any necessary

modification), and

           (b)           guidance and regulations made under that section shall, in the absence

of special provision, be taken to apply (with any necessary

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modification).

     (3)    In the application of section 6A(5) and (10) of that Act to this section the

reference to the National Policing Plan shall be taken to include a reference to

any objective or performance target set under section 51 or 53 of this Act.

Information, &c.

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 56    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.

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

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(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

submitted under subsection (3).

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Railways and Transport Safety Bill
Part 3 — British Transport Police

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     (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

question whether that report or part should be published, and

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

that it should be published.

 57    Annual report by Authority

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

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

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     (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 50 have been achieved,

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

under section 52 have been implemented, and

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

section 55 have been implemented.

     (3)    The Authority shall—

           (a)           publish each report under this section, and

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

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 58    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

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

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     (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.

     (4)    The Secretary of State may—

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           (a)           publish a report received under this section;

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

 59    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.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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

lay it or a summary of it before Parliament.

 60    Inquiry

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

with the Police Force.

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     (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

specified time and place—

           (a)           to give evidence;

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           (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

report.

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

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

 61    Inquiry: supplemental

     (1)    A person appointed under section 60 may—

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

           (b)           for that purpose, administer an oath.

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     (2)    A person appointed under section 60 may not require the production of a

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

Authority.

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

           (a)           fails to comply with a summons under section 60, or

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           (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.

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

summary conviction to—

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

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

           (c)           both.

     (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 60.

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     (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

substituted “citation”.

 

 

 
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