|
| |
| |
38 Regulations: approval in draft | |
(1) This section applies to regulations under section 34, 35, 36 or 37. | |
(2) The Authority may not make regulations unless a draft has been approved | |
by— | |
(a) the Chief Constable, | 5 |
(b) the staff associations, and | |
(c) the Secretary of State. | |
(3) The Secretary of State may on the application of the Authority dispense with a | |
requirement for approval under subsection (2)(a) or (b) in respect of specified | |
draft regulations. | 10 |
(4) Before dispensing under subsection (3) with a requirement for a person’s | |
approval the Secretary of State shall consult the person. | |
(5) In subsection (2)(b) “the staff associations” means such associations | |
representing persons employed in the service of the Police Force as may be | |
prescribed by order of the Secretary of State. | 15 |
39 Police regulations: direction to Authority | |
The Secretary of State may direct the Authority to— | |
(a) prepare draft regulations under section 34, 35, 36 or 37 for a specified | |
purpose, | |
(b) submit them for approval under section 38(2) (whether or not as | 20 |
modified in accordance with section 38(3)), and | |
(c) make them if approved. | |
40 Police regulations by Secretary of State | |
(1) The Secretary of State may by regulations make provision in relation to the | |
Police Force in respect of any matter about which he could make regulations | 25 |
under section 50, 51, 52 or 60 of the Police Act 1996 (c. 16) (general regulations, | |
special constables, cadets and police federations). | |
(2) Regulations under section 34, 35, 36 or 37 above shall have no effect in so far as | |
they are inconsistent with regulations under this section. | |
(3) If regulations under this section make provision for a matter specified in | 30 |
section 50(3) of the Police Act 1996 (disciplinary proceedings) they must also | |
make provision similar to that made by and under sections 84 and 85 of that | |
Act (representation at disciplinary proceedings, and appeal). | |
(4) Before making regulations under this section the Secretary of State shall | |
consult— | 35 |
(a) the Authority, | |
(b) the Chief Constable, and | |
(c) the staff associations (within the meaning of section 38). | |
41 Regulations: further appeal | |
(1) The Secretary of State may make regulations providing for a further appeal in | 40 |
connection with proceedings under regulations under section 34 or 35. | |
| |
| |
|
| |
| |
(2) Regulations under this section may, in particular, confer jurisdiction on a court | |
or tribunal. | |
42 Equipment regulations | |
(1) The Secretary of State may make regulations under section 53 of the Police Act | |
1996 (c. 16) (standard of equipment) which have effect (whether wholly or | 5 |
partly and whether with modifications or not) in relation to the Police Force. | |
(2) Before making regulations by virtue of this section the Secretary of State shall | |
consult (in addition to any consultation required by section 53)— | |
(a) the Authority, and | |
(b) the Chief Constable. | 10 |
43 Regulation of procedure and practice | |
(1) The Secretary of State may make regulations under section 53A of the Police | |
Act 1996 (regulation of procedure and practice for purpose of facilitating inter- | |
force co-operation) which have effect (whether wholly or partly and whether | |
with modifications or not) in relation to the Police Force. | 15 |
(2) For the purpose of regulations made by virtue of this section, section 53A shall | |
have effect as if— | |
(a) a reference to a police authority included a reference to the Authority, | |
(b) a reference to chief officers of police included a reference to the Chief | |
Constable, and | 20 |
(c) a reference to a police force included a reference to the Police Force. | |
44 Code of practice: Authority | |
(1) The Secretary of State may issue a code of practice relating to the performance | |
by the Authority of any of its functions. | |
(2) The Secretary of State may revise a code issued under subsection (1). | 25 |
(3) A code of practice issued under section 39 of the Police Act 1996 shall have | |
effect in relation to the Authority— | |
(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 | 30 |
lay before Parliament the code or revision. | |
45 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). | 35 |
(3) A code of practice issued under section 39A of the Police Act 1996 shall 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. | |
(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, | 5 |
(b) could prejudice the prevention or detection of crime or the | |
apprehension or prosecution of offenders, or | |
(c) could jeopardise a person’s safety. | |
46 Service outside Police Force | |
(1) The Secretary of State may make regulations about the treatment by the | 10 |
Authority of a person who— | |
(a) is or was a constable of the Police Force, and | |
(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 (c. 16) (service by police officer outside his force) subject | 15 |
to any modification necessary to reflect the structure and circumstances of the | |
Police Force. | |
Planning | |
47 Policing objectives: Authority | |
(1) Before the beginning of each financial year the Authority shall set objectives for | 20 |
policing the railways during that year. | |
(2) The objectives— | |
(a) may relate to a matter addressed by objectives set by the Secretary of | |
State under section 48, and | |
(b) must be consistent with those objectives. | 25 |
(3) In setting the objectives for a year the Authority shall— | |
(a) consult the Chief Constable, | |
(b) have regard to opinions expressed in accordance with section 59, | |
(c) have regard to objectives set for that year by the Secretary of State | |
under section 37 of the Police Act 1996, and | 30 |
(d) have regard to the National Policing Plan for that year. | |
48 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. | 35 |
(3) Before giving a direction under this section the Secretary of State shall | |
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 | |
objectives for policing the railways in Scotland. | |
49 Railways policing plan | |
(1) Before the beginning of each financial year the Authority shall issue a plan | 5 |
setting out the proposed arrangements for policing the railways during that | |
year. | |
(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 | 10 |
(c) the proposed allocation of resources. | |
(3) The plan for a year must specify— | |
(a) any objective set by the Authority for that year under section 47, | |
(b) any objective by the Secretary of State for the year under section 48, and | |
(c) any performance target set by the Authority in relation to the | 15 |
achievement of an objective for that year (whether set under section 50 | |
or otherwise). | |
(4) A plan for a year must be consistent with the relevant three-year strategy plan | |
issued by the Authority under section 52. | |
(5) The Chief Constable shall submit to the Authority a draft plan for each | 20 |
financial year. | |
(6) Before issuing a plan which differs from the Chief Constable’s draft the | |
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 | 25 |
section 8(4A) of the Police Act 1996 (c. 16). | |
(8) The Authority shall— | |
(a) publish each plan under this section, and | |
(b) send a copy of each plan under this section to the Secretary of State. | |
50 Performance targets | 30 |
(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 48. | |
(2) A direction may specify a condition which a target must satisfy. | |
(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 | 35 |
any representations made to him by the Scottish Ministers on the matter of | |
targets for policing the railways in Scotland. | |
51 Performance directions | |
(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— | 40 |
| |
| |
|
| |
| |
(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 | |
plans of action). | |
(2) The Secretary of State shall publish a direction under this section. | 5 |
(3) Before giving a direction the Secretary of State shall consult— | |
(a) the Authority, and | |
(b) any other person that he thinks appropriate. | |
52 Three-year strategy plan | |
(1) The Authority shall before the beginning of each consecutive period of three | 10 |
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— | |
(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 | 15 |
modification), and | |
(b) guidance and regulations made under that section shall, in the absence | |
of special provision, be taken to apply (with any necessary | |
modification). | |
(3) In the application of section 6A(5) and (10) of that Act to this section the | 20 |
reference to the National Policing Plan shall be taken to include a reference to | |
any objective or performance target set under section 48 or 50 of this Act. | |
Information, &c. | |
53 Reports by Chief Constable | |
(1) As soon as is reasonably practicable after the end of each financial year the | 25 |
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 | |
(1). | |
(3) The Authority may require the Chief Constable to submit a report on specified | 30 |
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). | |
(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 | 35 |
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 | |
(b) the report or part shall be published only if the Secretary of State directs | |
that it should be published. | 40 |
| |
| |
|
