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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 1 — Membership

    63

 

commencement, have effect as if done by or in relation to the Office of Rail

Regulation.

  3        Anything (including any legal proceedings) which at commencement is in

the process of being done by or in relation to the Rail Regulator may be

continued by or in relation to the Office of Rail Regulation.

5

  4        A reference in any enactment, instrument or other document to the Rail

Regulator shall, so far as necessary or appropriate in consequence of section

16, be treated after commencement as a reference to the Office of Rail

Regulation.

  5       (1)      Section 16 is without prejudice to any personal right or liability of any

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person who held the office of the Rail Regulator.

          (2)      In particular, the Secretary of State may continue to make payments in

accordance with arrangements made before commencement for or in respect

of a pension for a person who held the office of the Rail Regulator.

          (3)      The Secretary of State may pay compensation to the last person who held the

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office of the Rail Regulator.

  6        Section 16 is without prejudice to any function, property, right or liability of

the International Rail Regulator.

  7        In this Schedule “commencement” means the coming into force of section 16.

Schedule 4

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Section 18

 

British Transport Police Authority

Part 1

Membership

Appointment

  1       (1)      The Secretary of State—

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              (a)             shall appoint the members of the Authority, and

              (b)             shall ensure that the number of members is an odd number neither

lower than 11 nor higher than 17.

          (2)      The Secretary of State may by order amend sub-paragraph (1)(b) so as to

substitute a different number for a number specified.

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          (3)      An order under sub-paragraph (2) may not be made unless the Secretary of

State has consulted the Authority.

  2       (1)      The Secretary of State shall so far as is reasonably practicable ensure that the

membership of the Authority includes—

              (a)             at least four persons who have knowledge of and experience in

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relation to the interests of persons travelling by railway,

              (b)             at least four persons who have knowledge of and experience in

relation to the interests of persons providing railway services,

              (c)             a person who has knowledge of and experience in relation to the

interests of employees of persons providing railways services,

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Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 1 — Membership

    64

 

              (d)             a person nominated by the Strategic Rail Authority,

              (e)             a person who has knowledge of the interests of persons in Scotland

and who is appointed following consultation with the Scottish

Ministers,

              (f)             a person who has knowledge of the interests of persons in Wales and

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who is appointed following consultation with the National

Assembly for Wales, and

              (g)             a person who has knowledge of the interests of persons in England.

          (2)      A person may be appointed so as to satisfy, or to contribute to satisfying,

more than one paragraph of sub-paragraph (1).

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          (3)      But a person may not be appointed so as to—

              (a)             contribute to satisfying sub-paragraph (1)(b), and

              (b)             satisfy sub-paragraph (1)(c).

          (4)      In appointing members of the Authority the Secretary of State shall have

regard to the desirability of appointing persons who have experience of and

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have shown capacity in relation to matters relevant to the policing of the

railways.

Tenure

  3       (1)      A member of the Authority shall hold and vacate office in accordance with

the terms of his appointment (subject to the provisions of this Schedule).

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          (2)      A member of the Authority may resign by notice to the Secretary of State,

which must be—

              (a)             in writing, and

              (b)             copied to the Authority.

          (3)      The Secretary of State may dismiss a member of the Authority if—

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              (a)             he is absent from meetings of the Authority during a period of more

than three months without permission of the Authority,

              (b)             he is convicted of an offence, or

              (c)             the Secretary of State thinks that the member is unable, unfit or

unwilling to perform his functions as a member (whether because of

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illness or otherwise).

Chairman and deputy chairman

  4       (1)      The Secretary of State shall appoint a member of the Authority as its

chairman.

          (2)      The chairman shall perform such functions as may be assigned to him by the

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Secretary of State.

  5       (1)      The Secretary of State may appoint a member of the Authority as its deputy

chairman.

          (2)      The deputy chairman—

              (a)             may act for the chairman when he is unable to act or unavailable, and

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              (b)             shall perform such other functions as may be assigned or delegated

to him by the chairman.

  6        The Secretary of State may not appoint as chairman or deputy chairman of

the Authority a member who—

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 2 — Proceedings

    65

 

              (a)             is an officer or employee of a body which is required to enter into a

police services agreement, or

              (b)             was nominated for membership by the Strategic Rail Authority.

Disqualification

  7       (1)      A person under the age of 21 shall not be eligible for appointment as a

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member of the Authority.

          (2)      A person shall not be eligible for appointment as a member of the Authority

while he—

              (a)             is an officer or employee of the Authority,

              (b)             is a constable,

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              (c)             is an officer or employee of a police authority within the meaning of

section 101 of the Police Act 1996 (c. 16) (interpretation), or

              (d)             is an officer or employee of a police authority within the meaning of

section 50 of the Police (Scotland) Act 1967 (c. 77) (interpretation).

          (3)      A person shall not be eligible for appointment as a member of the Authority

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if he is the subject of—

              (a)             a bankruptcy restrictions order (or interim order),

              (b)             a disqualification order under the Company Directors

Disqualification Act 1986 (c. 46) or under Part II of the Companies

(Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I. 18)), or

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              (c)             an order under section 429(2)(b) of the Insolvency Act 1986 (c. 45)

(disability imposed on revoking administration order under County

Courts Act 1984).

          (4)      A person shall not be eligible for appointment as a member of the Authority

if his estate has been sequestrated in Scotland or if, under Scots law, he has

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made a composition or arrangement with, or granted a trust deed for, his

creditors.

          (5)      If a person is convicted of an offence for which he is sentenced to

imprisonment for a term of at least three months, he shall not be eligible for

appointment as a member of the Authority during the period of five years

30

beginning with the date of the conviction.

  8        If a member of the Authority becomes ineligible for appointment his

membership shall lapse.

Part 2

Proceedings

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Standards of conduct

  9       (1)      The Authority shall make a code of practice establishing standards for the

conduct of members.

          (2)      The code of practice must make provision similar to that of the model code

issued by the Secretary of State under section 50 of the Local Government

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Act 2000 (c. 22) (local government: conduct).

          (3)      Before making the code of practice the Authority shall—

              (a)             submit a draft to the Secretary of State, and

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 3 — Money and property

    66

 

              (b)             obtain his approval of it.

Staff

  10       The Authority may—

              (a)             appoint staff;

              (b)             delegate a function to staff.

5

  11       In particular, the Authority shall appoint—

              (a)             a Treasurer with responsibility for ensuring the proper management

of the Authority’s finances, and

              (b)             a clerk with responsibilities, assigned by the Authority, similar to

those of the head of a local authority’s paid service under section 4 of

10

the Local Government and Housing Act 1989 (c. 42).

Committees

  12       The Authority may—

              (a)             establish a committee (which may include persons who are not

members of the Authority);

15

              (b)             delegate a function to a committee established under paragraph (a).

Procedure

  13       The Authority shall determine its practice and procedure (subject to the

provisions of this Schedule).

  14      (1)      The Authority shall conduct its proceedings in public.

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          (2)      The Authority—

              (a)             may disapply sub-paragraph (1) in respect of proceedings which the

Authority thinks should be conducted in private, and

              (b)             may exclude a specified person from proceedings.

Validity of proceedings

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  15       The validity of proceedings of the Authority shall not be affected by—

              (a)             a vacancy in the membership,

              (b)             a vacancy in the office of chairman,

              (c)             a defect in the appointment of a member, of the chairman or of the

deputy chairman, or

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              (d)             the participation of a person whose membership has lapsed.

Part 3

Money and property

The British Transport Police Fund

  16       The Authority shall establish a fund to be known as the British Transport

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Police Fund.

  17       The Authority shall—

              (a)             maintain accounts of the British Transport Police Fund, and

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 3 — Money and property

    67

 

              (b)             make arrangements to have the accounts for each financial year

audited.

  18       All expenditure of the Authority shall be made by way of payment out of the

British Transport Police Fund.

Budget

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  19      (1)      The Authority shall before each financial year set a budget of expected

expenditure and income for the year.

          (2)      Before setting a budget the Authority shall consult—

              (a)             the Treasurer, and

              (b)             the Chief Constable.

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          (3)      A budget must be set by a decision taken—

              (a)             by majority vote at a meeting of the Authority,

              (b)             with at least half of the members of the Authority voting in favour,

and

              (c)             with at least half of the members who vote being neither officers of

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nor employed by a person who has entered into, or is required to

enter into, a police services agreement.

          (4)      If the Authority has not immediately before a financial year complied with

sub-paragraph (1) the Secretary of State may set a budget for the Authority

for the year.

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          (5)      Before setting a budget under sub-paragraph (4) the Secretary of State shall

consult—

              (a)             each member of the Authority,

              (b)             the Treasurer, and

              (c)             the Chief Constable.

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  20       The Authority shall make an estimate of the likely ratio of customers’

contributions in accordance with section 33(4)(b)—

              (a)             before and in relation to each consecutive period of five financial

years, and

              (b)             at such other times and in relation to such other periods as the

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Authority think appropriate.

Members: remuneration, allowances, &c.

  21      (1)      The Authority shall publish arrangements for the making of payments to or

in respect of members or former members whether by way of or in respect

of—

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              (a)             remuneration,

              (b)             allowances,

              (c)             expenses,

              (d)             compensation, or

              (e)             gratuity.

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          (2)      The first arrangements published under this paragraph shall come into

force—

              (a)             on being made, or

              (b)             at such later time as they may specify.

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 3 — Money and property

    68

 

          (3)      Subsequent arrangements published under this paragraph shall come into

force at the end of the period of 12 months beginning with the date of

publication.

          (4)      Arrangements under this paragraph may not be made without the consent

of the Secretary of State.

5

          (5)      Arrangements under this paragraph shall, in particular, provide that

compensation may be paid by the Authority to a person who ceases to be a

member only if the Secretary of State thinks it appropriate because of special

circumstances.

          (6)      The Authority may make payments in accordance with arrangements

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published under this paragraph.

General staff: remuneration, allowances, &c.

  22      (1)      The Authority may make payments to or in respect of staff or former staff

whether by way of or in respect of—

              (a)             remuneration,

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              (b)             allowances,

              (c)             expenses,

              (d)             compensation, or

              (e)             gratuity.

          (2)      In this paragraph “staff” does not include a constable, cadet or civilian

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employee of the Police Force.

Constables, &c.: remuneration, allowances, &c.

  23      (1)      The Authority may make payments to or in respect of a person who is or has

been a constable, cadet or civilian employee of the Police Force—

              (a)             in accordance with the terms of the person’s appointment, and

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              (b)             subject to any provision made by or under this Act.

          (2)      The Authority may make payments to or for a person who is or has been a

constable of the Police Force in respect of proceedings brought against the

person in relation to anything done or not done in the course of or in

connection with his duties.

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          (3)      The Authority may on the recommendation of the Chief Constable make a

payment to a constable or cadet by way of reward for—

              (a)             exceptional diligence, or

              (b)             other specially meritorious conduct.

Pensions

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  24      (1)      This paragraph applies in relation to any pension scheme which—

              (a)             had effect before the commencement of this Schedule principally or

exclusively for the benefit of constables of the old transport police

(within the meaning of section 73(3)), and

              (b)             has effect after the commencement of this Schedule (whether or not

40

wholly or partly by virtue of an order under that section) principally

or exclusively for the benefit of constables of the Police Force.

          (2)      The Secretary of State may by order vary—

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 3 — Money and property

    69

 

              (a)             the terms of the scheme;

              (b)             arrangements relating to the operation of the scheme.

          (3)      An order under sub-paragraph (2) may, in particular—

              (a)             amend an instrument under which a scheme has effect;

              (b)             amend an instrument regulating a scheme;

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              (c)             make provision about the manner in which a scheme can be

amended;

              (d)             make provision about the exercise of functions under a scheme;

              (e)             confer a function (which may include a discretionary function) on

the Secretary of State.

10

          (4)      An order under sub-paragraph (2) may not—

              (a)             make provision about—

                    (i)                   the persons who may participate in a scheme,

                    (ii)                  contributions by participants,

                    (iii)                 contributions by employers of participants,

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                    (iv)                  the investment of assets, or

                    (v)                   the winding up of all or part of the scheme,

              (b)             prevent approval of a scheme under Chapter I of Part XIV of the

Income and Corporation Taxes Act 1988 (c. 1) (retirement benefit

schemes), or

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              (c)             prevent a scheme from being a contracted-out scheme for the

purposes of Part III of the Pension Schemes Act 1993 (c. 48) or of the

Pension Schemes (Northern Ireland) Act 1993 (c. 49).

          (5)      Section 67(2) to (4) of the Pensions Act 1995 (c. 26) (restriction on power to

alter pension scheme) shall apply to the power conferred by sub-paragraph

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(2) (except in so far as may be prescribed under section 67(5)(b) of that Act).

          (6)      Provision made under sub-paragraph (2) shall have effect only in so far as it

is consistent with provision made under Schedule 11 to the Railways Act

1993 (c. 43).

          (7)      An order under sub-paragraph (2) may not be made unless the Secretary of

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State has consulted the trustees of any scheme to which the order relates.

  25      (1)      The Authority may with the consent of the Secretary of State arrange for the

establishment of a pension scheme for the benefit of members or staff.

          (2)      A scheme established under sub-paragraph (1) may confer a function (which

may include a discretionary function) on the Secretary of State.

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          (3)      In this paragraph “staff” includes a constable, cadet or civilian employee of

the Police Force.

  26       The Authority may make payments—

              (a)             under a scheme in relation to which paragraph 24 applies;

              (b)             under a scheme which continues to have effect by virtue of or in

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accordance with an order under section 73(3);

              (c)             under a scheme which is established under paragraph 25;

              (d)             otherwise in respect of pensions for members, former members, staff

or former staff.

 

 

 
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