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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

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 71    Exercise of functions by Secretary of State

The Secretary of State shall exercise his functions in relation to the Authority

under this Part for the purpose of promoting the efficiency and effectiveness of

the Police Force.

General

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 72    Crown application

This Part applies in relation to property irrespective of whether it belongs to or

is used for the purposes of the Crown or a Duchy.

 73    Consequential, transitional and incidental provision

     (1)    Schedule 5 (amendments consequential on this Part) shall have effect.

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     (2)    The Secretary of State may by order make consequential, transitional or

incidental provision, or savings, for the purpose of or in connection with a

provision of this Part.

     (3)    Transitional provision under subsection (2) may, in particular, make provision

in connection with the abolition of the police force comprising constables

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appointed under section 53 of the British Transport Commission Act 1949 (c.

xxix) (“the old transport police”); and that provision may include, in particular,

provision—

           (a)           for the transfer to the Authority of staff (including, but not limited to,

constables) presently employed by the Strategic Rail Authority or by

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another person in connection with the old transport police;

           (b)           for the transfer to the Authority of property held (whether by the

Strategic Rail Authority or by another person) for the purpose of or in

connection with the old transport police;

           (c)           for the transfer to the Authority of rights and liabilities arising in

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connection with the old transport police;

           (d)           for employment to be treated as continuous in the case of staff

transferred;

           (e)           for or in relation to the continuity (with or without modifications) of a

scheme in respect of pensions, which may include a scheme having

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effect under an instrument;

           (f)           for provision under paragraph (c) or (e) to be treated as having a

specified effect for the purposes of an enactment about pension

schemes;

           (g)           for a pension scheme to have effect with specified modifications (which

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may include the conferring of a discretionary function on the Secretary

of State) for the purpose of ensuring or enhancing consistency of

treatment in relation to—

                  (i)                 different classes of employee of the Authority, or

                  (ii)                schemes appertaining to different classes of employee of the

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Authority;

           (h)           treating persons appointed to the old transport police as having been

appointed under this Part;

           (i)           for dealing with—

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    31

 

                  (i)                 the termination of agreements made in respect of the old

transport police;

                  (ii)                the treatment of rights and liabilities under agreements made in

respect of the old transport police by persons who enter into

police services agreements with the Authority (whether or not

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they are required to do so);

           (j)           for the assignment or transfer (under paragraphs (a) to (c)) of property,

rights or liabilities that would not otherwise be capable of being

assigned or transferred;

           (k)           about the continuity of legal proceedings;

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           (l)           to have effect in place of the provision relating to bankruptcy

restrictions orders while the enactment conferring power to make those

orders has not come into force;

           (m)           in respect of the period (if any) between the coming into force of section

18 and the beginning of the first financial year of the Authority.

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     (4)    An order under subsection (2) may amend an enactment or instrument.

 74    Regulations and orders

     (1)    An order or regulations under this Part—

           (a)           may make provision which applies generally or only in specified cases

or circumstances,

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           (b)           may make different provision for different cases or circumstances, and

           (c)           may make transitional, consequential or incidental provision.

     (2)    An order or regulations made by the Secretary of State under this Part shall be

made by statutory instrument.

     (3)    The following shall not be made unless a draft has been laid before and

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approved by resolution of each House of Parliament—

           (a)           an order under section 73(2) which amends an enactment or

instrument,

           (b)           an order under section 73(2) which is made by virtue of section 73(3),

and

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           (c)           an order under paragraph 24(2) of Schedule 4.

     (4)    Any other order or regulations made by the Secretary of State under this Part

shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

 75    Interpretation

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     (1)    For the purposes of this Part (including, except where the context requires

otherwise, subsections (2) to (5) below) “railway” means—

           (a)           a railway within the meaning given by section 67(1) of the Transport

and Works Act 1992 (c. 42) (interpretation), and

           (b)           a tramway within the meaning given by that section.

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     (2)    For the purposes of this Part “railway services” means the management or

control, or participation in the management or control, of all or any part or

aspect of a railway or railway property.

     (3)    For the purposes of this Part “railway property” means—

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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           (a)           a track,

           (b)           a network,

           (c)           a station,

           (d)           a light maintenance depot,

           (e)           a railway vehicle on a network or tramway,

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           (f)           rolling stock on a network or tramway,

           (g)           a train used on a network, and

           (h)           a vehicle used on a tramway.

     (4)    For the purposes of this Part (including subsections (1)(b) and (3) above)

“tramway” has the meaning given by section 67(1) of the Transport and Works

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Act 1992 (c. 42).

     (5)    For the purposes of this Part the following expressions have the meaning given

by section 82 or 83 of the Railways Act 1993 (c. 43) (interpretation) (or, where

appropriate, an equivalent meaning in relation to a tramway)—

           (a)           light maintenance depot,

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           (b)           network,

           (c)           railway vehicle,

           (d)           rolling stock,

           (e)           station,

           (f)           track, and

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           (g)           train.

     (6)    In this Part unless the context requires otherwise a reference to a constable of

the Police Force includes a reference to a constable of any rank.

     (7)    In this Part a reference to the National Policing Plan is a reference to the plan

provided for in section 36A of the Police Act 1996 (c. 16).

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     (8)    This section is subject to section 77(2).

 76    Index of defined expressions

The following expressions are defined for the purposes of this Part by the

provisions specified.

 

Expression

Provision

 

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The Authority

Section 18

 
 

British Transport Police Federation

Section 39

 
 

The Chief Constable

Section 21

 
 

Constable

Sections 25(5) and 75

 
 

Light maintenance depot

Section 75

 

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National Policing Plan

Section 75

 
 

Network

Section 75

 
 

Police services agreement

Section 33

 
 

The Police Force

Section 20

 
 

 

Railways and Transport Safety Bill
Part 4 — Shipping: Alcohol and Drugs

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Expression

Provision

 
 

Railway

Section 75

 
 

Railway property

Section 75

 
 

Railway services

Section 75

 
 

Railway vehicle

Section 75

 

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Rolling stock

Section 75

 
 

Station

Section 75

 
 

Track

Section 75

 
 

Train

Section 75

 
 

Tramway

Section 75

 

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 77    Extent

     (1)    This Part shall extend only to—

           (a)           England and Wales, and

           (b)           Scotland.

     (2)    In the application of this Part in relation to Scotland any reference to a tramway

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shall be disregarded.

     (3)           The powers exercisable by virtue of section 28 shall not be exercisable in

relation to Scotland.

Part 4

Shipping: Alcohol and Drugs

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Offences

 78    Professional staff on duty

     (1)    This section applies to—

           (a)           a professional master of a ship,

           (b)           a professional pilot of a ship, and

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           (c)           a professional seaman in a ship while on duty.

     (2)    A person to whom this section applies commits an offence if his ability to carry

out his duties is impaired because of drink or drugs.

     (3)    A person to whom this section applies commits an offence if the proportion of

alcohol in his breath, blood or urine exceeds the prescribed limit.

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     (4)    For the purposes of this section a master, pilot or seaman is professional if (and

only if) he acts as master, pilot or seaman in the course of a business or

employment.

     (5)    Where a person is charged with an offence under this section in respect of the

effect of a drug on his ability to carry out duties on a fishing vessel, it is a

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defence for him to show that—

 

 

Railways and Transport Safety Bill
Part 4 — Shipping: Alcohol and Drugs

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           (a)           he took the drug for a medicinal purpose on, and in accordance with,

medical advice, or

           (b)           he took the drug for a medicinal purpose and had no reason to believe

that it would impair his ability to carry out his duties.

 79    Professional staff off duty

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     (1)    This section applies to a professional seaman in a ship at a time when—

           (a)           he is not on duty, but

           (b)           in the event of an emergency he would or might be required by the

nature or terms of his engagement or employment to take action to

protect the safety of passengers.

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     (2)    A person to whom this section applies commits an offence if his ability to take

the action mentioned in subsection (1)(b) is impaired because of drink or drugs.

     (3)    A person to whom this section applies commits an offence if the proportion of

alcohol in his breath, blood or urine exceeds the prescribed limit.

     (4)    For the purposes of this section a seaman is professional if (and only if) he acts

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as seaman in the course of a business or employment.

     (5)    Where a person is charged with an offence under this section in respect of the

effect of a drug on his ability to take action it is a defence for him to show that—

           (a)           he took the drug for a medicinal purpose on, and in accordance with,

medical advice, or

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           (b)           he took the drug for a medicinal purpose and had no reason to believe

that it would impair his ability to take the action.

 80    Non-professionals

     (1)    This section applies to a person who—

           (a)           is on board a ship which is under way,

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           (b)           is exercising, or purporting or attempting to exercise, a function in

connection with the navigation of the ship, and

           (c)           is not a person to whom section 78 or 79 applies.

     (2)    A person to whom this section applies commits an offence if his ability to

exercise the function mentioned in subsection (1)(b) is impaired because of

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drink or drugs.

     (3)    A person to whom this section applies commits an offence if the proportion of

alcohol in his breath, blood or urine exceeds the prescribed limit.

     (4)    The Secretary of State may make regulations providing for subsection (3) not

to apply in specified circumstances.

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     (5)    Regulations under subsection (4) may make provision by reference, in

particular—

           (a)           to the power of a motor;

           (b)           to the size of a ship;

           (c)           to location.

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Revised 23 June 2003