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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

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 62    Public consultation

     (1)    The Authority shall make, and review from time to time, arrangements to

obtain the opinions about the policing of the railways of—

           (a)           passengers on the railways,

           (b)           groups of persons representing passengers on the railways,

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           (c)           persons providing railway services,

           (d)           organisations representing persons providing railway services,

           (e)           employees of persons providing railway services,

           (f)           organisations representing employees of persons providing railway

services,

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           (g)           the Scottish Ministers,

           (h)           the National Assembly for Wales,

           (i)           organisations representing local authorities in England,

           (j)           the Strategic Rail Authority,

           (k)           the Office of Rail Regulation,

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           (l)           the Rail Accident Investigation Branch,

           (m)           the Health and Safety Commission,

           (n)           the Health and Safety Executive, and

           (o)           other persons with an interest in the railways whom the Authority

thinks it appropriate to consult.

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     (2)    The Authority shall make, and review from time to time, arrangements to

invite the co-operation of the persons listed in subsection (1) in preventing

crime on the railways.

     (3)    Before making or reviewing arrangements under this section the Authority

shall—

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           (a)           consult the Chief Constable, and

           (b)           have regard to any guidance issued by the Secretary of State.

     (4)    The Secretary of State may—

           (a)           issue guidance about arrangements under this section;

           (b)           require the Authority to report to him on arrangements under this

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section;

           (c)           require the Authority to review arrangements under this section.

Inspection

 63    Inspection

     (1)    Her Majesty’s Inspectors of Constabulary shall inspect the Police Force from

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time to time.

     (2)    Her Majesty’s Inspectors of Constabulary shall also inspect the Police Force if

requested by the Secretary of State to inspect the force—

           (a)           generally, or

           (b)           in respect of a particular matter.

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     (3)    Following an inspection the inspectors shall report to the Secretary of State on

the efficiency and effectiveness of the force—

           (a)           generally, or

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    27

 

           (b)           in the case of an inspection under subsection (2)(b), in respect of the

matters to which the inspection related.

     (4)    A report under subsection (3) must be in such form as the Secretary of State

may direct.

     (5)    Where the Secretary of State receives a report under subsection (3) he shall

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publish it.

     (6)    Section 55 of the Police Act 1996 (c. 16) (inspection reports: publication and

comment) shall have effect, with any necessary modifications, in relation to a

report of an inspection under this section.

     (7)    The Authority shall pay to the Secretary of State such amounts as the Secretary

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of State may specify in respect of an inspection carried out under this section.

     (8)    In the application of this section in relation to Scotland—

           (a)           a reference to Her Majesty’s Inspectors of Constabulary shall be treated

as a reference to inspectors of constabulary appointed under section

33(1) of the Police (Scotland) Act 1967 (c. 77), and

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           (b)           where an inspection under this section is carried out by inspectors so

appointed the references to the Secretary of State in subsection (7) shall

be treated as references to the Scottish Ministers.

 64    Action after adverse inspection report

     (1)    Sections 65 and 66 apply where a report of Her Majesty’s Inspectors of

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Constabulary states that the Police Force is inefficient or ineffective—

           (a)           generally, or

           (b)           in a specified respect.

     (2)    Sections 65 and 66 also apply where a report of Her Majesty’s Inspectors of

Constabulary states that the Police Force is likely, unless remedial measures

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are taken, to become inefficient or ineffective—

           (a)           generally, or

           (b)           in a specified respect.

     (3)    In the application of this section in relation to Scotland a reference to Her

Majesty’s Inspectors of Constabulary shall be treated as a reference to

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inspectors of constabulary appointed under section 33(1) of the Police

(Scotland) Act 1967.

 65    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

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remedying a deficiency identified in the report.

     (2)    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.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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     (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.

 66    Action plan

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     (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—

           (a)           performance targets;

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           (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

twelve weeks within which the plan must be submitted.

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     (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,

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

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           (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.

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

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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.

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

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before Parliament—

           (a)           a copy of the direction, and

           (b)           a report about it.

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

under this section is inadequate, he may—

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

           (b)           give a new direction under this section.

 67    Senior appointment: delegation of function

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

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

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

Part, or

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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

Miscellaneous

 68    Offences

     (1)    Subsections (1) and (2) of section 89 of the Police Act 1996 (c. 16) (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.

 69    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”.

 70    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,

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

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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

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

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unconditional).

 

 

 
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