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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 1 — Investigation of Railway Accidents

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Accident regulations

 11    Accident regulations

     (1)    The Secretary of State may make regulations in connection with the

investigation of railway accidents and railway incidents.

     (2)    The regulations may, in particular—

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           (a)           require a person to notify the Rail Accident Investigation Branch of a

railway accident or railway incident, and

           (b)           make provision about the timing, form and content of notice given by

virtue of paragraph (a).

     (3)    The regulations may, in particular, require a person to take or not to take

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specified action following an accident or incident—

           (a)           pending the commencement of an investigation, or

           (b)           during the process of an investigation.

     (4)    The regulations may—

           (a)           create an offence (but not an offence punishable by a term of

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imprisonment exceeding the maximum term which may be imposed by

a magistrates’ court in accordance with section 78 of the Powers of

Criminal Courts (Sentencing) Act 2000 (c. 6));

           (b)           confer a discretionary function;

           (c)           confer jurisdiction on a court or tribunal.

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General

 12    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.

 13    Regulations

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     (1)    Regulations under this Part—

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

or circumstances,

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

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

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     (2)    Regulations under this Part shall be made by statutory instrument.

     (3)    Regulations under section 1(2) shall not be made unless a draft has been laid

before and approved by resolution of each House of Parliament.

     (4)    Other regulations under this Part shall be subject to annulment in pursuance of

a resolution of either House of Parliament.

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 14    Extent

     (1)    This Part extends to the whole of the United Kingdom.

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

shall be disregarded.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    8

 

     (3)    In the application of this Part in relation to Northern Ireland the maximum

term for the purposes of sections 8(4)(a) and 11(4)(a) shall be 12 months.

Part 2

Office of Rail Regulation

 15    Establishment

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     (1)    There shall be a body corporate to be known as the Office of Rail Regulation.

     (2)    Schedule 1 (which makes provision about the Office) shall have effect.

 16    Transfer of functions

     (1)    The functions of the Rail Regulator are hereby transferred to the Office of Rail

Regulation.

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     (2)    Subsection (1) applies to a function whether conferred by an enactment, by an

agreement or otherwise.

     (3)    All property, rights and liabilities to which the Rail Regulator is entitled or

subject at the coming into force of this section (including rights and liabilities

relating to staff) are hereby transferred to the Office of Rail Regulation.

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     (4)    The office of the Rail Regulator is hereby abolished.

     (5)    Schedules 2 (consequential amendments) and 3 (savings, &c.) shall have effect.

 17    Extent      

This Part shall extend only to—

           (a)           England and Wales, and

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           (b)           Scotland.

Part 3

British Transport Police

Police Authority

 18    The British Transport Police Authority

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     (1)    There shall be a body corporate to be known as the British Transport Police

Authority.

     (2)    Schedule 4 (which makes provision about the Authority) shall have effect.

     (3)    In this Part “the Authority” means the British Transport Police Authority.

 19    Exercise of functions

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In performing its functions the Authority shall aim to ensure the efficient and

effective policing of the railways and shall, in particular, have regard—

           (a)           to any objective set by the Authority under section 50,

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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           (b)           to any objective set by the Secretary of State under section 51,

           (c)           to any railways policing plan issued by the Authority under section 52,

           (d)           to any performance target set by the Authority under section 53,

           (e)           to any code of practice issued by the Secretary of State, or having effect

in relation to the Authority, under section 47, and

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           (f)           in relation to a particular year, to the National Policing Plan for that

year.

Police Force

 20    Establishment of Police Force

     (1)    The Authority shall secure the maintenance of an efficient and effective police

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force—

           (a)           to be known as the British Transport Police Force, and

           (b)           to police the railways.

     (2)    In particular, the Authority shall defray the expenses of the Police Force.

     (3)    In this Part “the Police Force” means the British Transport Police Force.

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 21    Chief Constable

     (1)    The Authority shall appoint a Chief Constable of the Police Force.

     (2)    An appointment under subsection (1) may be made only—

           (a)           with the approval of the Secretary of State, and

           (b)           in accordance with regulations under section 36.

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     (3)    In performing his functions the Chief Constable shall have regard to—

           (a)           any relevant code of practice issued or having effect under section 48,

           (b)           any relevant plan issued under section 52, and

           (c)           any relevant plan issued under section 55.

     (4)    The Secretary of State may make regulations about the suspension and

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removal of the Chief Constable.

     (5)    Regulations under subsection (4)—

           (a)           may apply (with or without modification) or make provision similar to

a provision made by or under the Police Act 1996 (c. 16),

           (b)           may confer a function on the Secretary of State (which may include a

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discretionary function or a function of requiring the Authority to act),

           (c)           may permit the Secretary of State to delegate a function or to confer a

function (which may include a discretionary function) on a person or

group, and

           (d)           may make provision about costs.

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     (6)    Regulations under subsection (4) which deal with a matter addressed by a

provision made by or under the Police Act 1996 may differ from that provision

only so far as necessary to reflect the structure and circumstances of the Police

Force.

     (7)    Before making regulations under subsection (4) the Secretary of State shall

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consult—

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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           (a)           the Authority,

           (b)           the Chief Constable, and

           (c)           such other persons as he thinks fit.

     (8)    In this Part “the Chief Constable” means the Chief Constable of the Police

Force.

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 22    Deputy Chief Constable

     (1)    The Authority shall appoint a deputy Chief Constable of the Police Force.

     (2)    An appointment under subsection (1) may be made only—

           (a)           with the approval of the Secretary of State, and

           (b)           in accordance with regulations under section 36.

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     (3)    The deputy Chief Constable may perform a function of the Chief Constable—

           (a)           while the Chief Constable is unable to act or unavailable,

           (b)           during a vacancy in the office of Chief Constable, or

           (c)           with the consent (which may be general or specific) of the Chief

Constable.

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     (4)    The power to act by virtue of subsection (3)(a) or (b) shall not be exercisable for

a continuous period exceeding three months without the consent of the

Secretary of State.

     (5)    The Secretary of State may make regulations about the suspension and

removal of the deputy Chief Constable.

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     (6)    Regulations under subsection (5)—

           (a)           may apply (with or without modification) or make provision similar to

a provision made by or under the Police Act 1996 (c. 16),

           (b)           may confer a function on the Secretary of State (which may include a

discretionary function or a function of requiring the Authority to act),

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           (c)           may permit the Secretary of State to delegate a function or to confer a

function (which may include a discretionary function) on a person or

group, and

           (d)           may make provision about costs.

     (7)    Regulations under subsection (5) which deal with a matter addressed by a

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provision made by or under the Police Act 1996 may differ from that provision

only so far as necessary to reflect the structure and circumstances of the Police

Force.

     (8)    Before making regulations under subsection (5) the Secretary of State shall

consult—

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           (a)           the Authority,

           (b)           the Chief Constable, and

           (c)           such other persons as he thinks fit.

 23    Assistant Chief Constables

     (1)    The Authority shall appoint at least one assistant Chief Constable.

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     (2)    An appointment under subsection (1) may be made only—

           (a)           with the approval of the Secretary of State, and

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    11

 

           (b)           in accordance with regulations under section 36.

     (3)    The Authority may permit an assistant Chief Constable to perform a function

of the Chief Constable—

           (a)           while the Chief Constable and the deputy Chief Constable are unable

to act or unavailable, or

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           (b)           during a vacancy in the offices of Chief Constable and deputy Chief

Constable.

     (4)    Permission under subsection (3) may not have effect for a continuous period

exceeding three months without the consent of the Secretary of State.

     (5)    The Secretary of State may make regulations about the suspension and

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removal of an assistant Chief Constable.

     (6)    Regulations under subsection (5)—

           (a)           may apply (with or without modification) or make provision similar to

a provision made by or under the Police Act 1996 (c. 16),

           (b)           may confer a function on the Secretary of State (which may include a

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discretionary function or a function of requiring the Authority to act),

           (c)           may permit the Secretary of State to delegate a function or to confer a

function (which may include a discretionary function) on a person or

group, and

           (d)           may make provision about costs.

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     (7)    Regulations under subsection (5) which deal with a matter addressed by a

provision made by or under the Police Act 1996 may differ from that provision

only so far as necessary to reflect the structure and circumstances of the Police

Force.

     (8)    Before making regulations under subsection (5) the Secretary of State shall

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consult—

           (a)           the Authority,

           (b)           the Chief Constable, and

           (c)           such other persons as he thinks fit.

 24    Constables

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     (1)    The Authority shall appoint and employ constables of the Police Force.

     (2)    A constable of the Police Force shall be under the direction and control of the

Chief Constable.

     (3)    Section 29 of the Police Act 1996 (attestation) shall apply to a constable of the

Police Force appointed in England or Wales (with the omission of the words in

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paragraph (b) “having jurisdiction within the police area”).

     (4)    Section 16 of the Police (Scotland) Act 1967 (c. 77) (declaration) shall apply to a

constable of the Police Force appointed in Scotland (with the substitution of the

words “faithfully to execute” for “in such terms as may be prescribed

concerning the proper discharge of”).

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 25    Special constables

     (1)    The Chief Constable may appoint special constables of the Police Force.

     (2)    A special constable of the Police Force—

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    12

 

           (a)           shall be under the direction and control of the Chief Constable, and

           (b)           may be dismissed by the Chief Constable.

     (3)    Section 29 of the Police Act 1996 (c. 16) (attestation) shall apply to a special

constable of the Police Force appointed in England or Wales (with the omission

of the words in paragraph (b) “having jurisdiction within the police area”).

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     (4)    Section 16 of the Police (Scotland) Act 1967 (c. 77) (declaration) shall apply to a

special constable of the Police Force appointed in Scotland (with the

substitution of the words “faithfully to execute” for “in such terms as may be

prescribed concerning the proper discharge of”).

     (5)           Section 88(1) to (5) of the Police Act 1996 (liability for wrongful act of constable)

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shall have effect in relation to special constables of the Police Force as if—

           (a)           a reference to the chief officer of police for a police area were a reference

to the Chief Constable,

           (b)           a reference to a constable were a reference to a special constable,

           (c)           a reference to the police fund were a reference to the British Transport

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Police Fund,

           (d)           a reference to a police authority were a reference to the Authority, and

           (e)           subsection (5) included a reference to a special constable of the Police

Force.

     (6)    A reference in this Part to a constable of the Police Force includes a reference to

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a special constable of the Police Force.

 26    Cadets

     (1)    The Chief Constable may appoint cadets to undergo training with a view to

becoming constables of the Police Force.

     (2)    A cadet of the Police Force—

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           (a)           shall be under the direction and control of the Chief Constable,

           (b)           may be dismissed by the Chief Constable, and

           (c)           shall be an employee of the Authority (subject to regulations under

section 38).

 27    Civilian employees

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     (1)    The Authority may employ persons to assist the Police Force.

     (2)    A person appointed under this section shall be under the direction and control

of either the Chief Constable or the Authority, in accordance with his terms of

employment.

 28    Exercise of powers by civilians

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     (1)    The following provisions of the Police Reform Act 2002 (c. 30) shall apply in

relation to the Police Force as they apply in relation to other police forces—

           (a)           section 38 (police powers for police authority employees),

           (b)           section 39 (police powers for contracted-out staff),

           (c)           section 42 (supplementary),

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           (d)           section 45 (code of practice),

           (e)           section 46 (offences),

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

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           (f)           section 47 (interpretation), and

           (g)           Schedule 4 (powers exercisable by civilians).

     (2)    For the purpose of subsection (1) the provisions specified in that subsection

shall have effect with any necessary modifications and, in particular—

           (a)           the provisions shall have effect as if a reference to a police force were a

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reference to the Police Force,

           (b)           the provisions shall have effect as if a reference to the chief officer of

police of a police force were a reference to the Chief Constable,

           (c)           the provisions shall have effect as if a reference to a police authority

were a reference to the Authority,

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           (d)           the provisions shall have effect as if a reference to a constable were a

reference to a constable of the Police Force,

           (e)           section 45 shall have effect, except in relation to a code which is

expressed to apply for the purposes of that section in its application

both by virtue of this section and otherwise, as if for subsection (3) there

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were substituted a requirement to consult the Authority and the Chief

Constable, and

           (f)           Schedule 4 shall have effect as if a reference to the relevant police area

or a police area were a reference to—

                  (i)                 any place in England or Wales where a constable of the Police

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Force has powers by virtue of section 31(1)(a) to (f) of this Act,

and

                  (ii)                for a purpose connected to a railway or to anything occurring

on or in relation to a railway, any place in England and Wales.

 29    Terms of employment

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     (1)    In relation to the terms and conditions of employment of constables and other

persons employed in the service of the Police Force, the Authority shall comply

with rules or principles contained in any document issued to them for the

purpose by the Secretary of State.

     (2)    Rules or principles under subsection (1) may, in particular—

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           (a)           require the adoption of specified scales or ranges of pay or allowances;

           (b)           require a specified class of employee to be treated for specified

purposes in the same way as another specified class of employee

(whether of the Authority or not) or office-holder;

           (c)           require the approval of the Secretary of State for changes in the policy

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or practice of the Authority;

           (d)           require compliance with rules or principles specified or to be specified

in another document.

 30    Trade union membership

     (1)    A constable or cadet of the Police Force may not be a member of a trade union

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(within the meaning given by section 1 of the Trade Union and Labour

Relations (Consolidation) Act 1992 (c. 52)).

     (2)    Subsection (1) shall not prevent—

           (a)           membership of the British Transport Police Federation, or

           (b)           retention, with the consent of the Chief Constable, of a membership

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status acquired by a person before he joined the Police Force.

 

 

 
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