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54 Annual report by Authority | |
(1) As soon as is reasonably practicable after the end of each financial year the | |
Authority shall issue a report about the policing of the railways in that year. | |
(2) The Authority’s report for a year must include an assessment of the extent to | |
which— | 5 |
(a) the objectives set for the year under section 47 have been achieved, | |
(b) the arrangements set out in the railways policing plan for the year | |
under section 49 have been implemented, and | |
(c) the strategies set out in the relevant three-year strategy plan under | |
section 52 have been implemented. | 10 |
(3) The Authority shall— | |
(a) publish each report under this section, and | |
(b) send a copy of each report under this section to the Secretary of State. | |
55 Other reports to Secretary of State | |
(1) The Secretary of State may by direction require the Authority to submit a | 15 |
report on specified matters connected with the performance of its functions. | |
(2) The Secretary of State may by direction require the Chief Constable to submit | |
a report on specified matters connected with the performance of his functions. | |
(3) The Authority or Chief Constable shall submit a report required by direction | |
under this section— | 20 |
(a) in such form as may be specified in the direction, and | |
(b) within such period as may be specified in the direction. | |
(4) The Secretary of State may— | |
(a) publish a report received under this section; | |
(b) require the author of the report to arrange for its publication. | 25 |
56 Statistics | |
(1) The Secretary of State may require the Chief Constable to supply information | |
about matters relating to crime committed on or in connection with the | |
railways. | |
(2) In particular, the Secretary of State may require information about— | 30 |
(a) offences committed; | |
(b) offenders; | |
(c) criminal proceedings. | |
(3) The Chief Constable shall supply information required under this section at | |
such times and in such form as the Secretary of State requires. | 35 |
(4) Where the Secretary of State receives information under this section he shall | |
lay it or a summary of it before Parliament. | |
57 Inquiry | |
(1) The Secretary of State may appoint a person to inquire into a matter connected | |
with the Police Force. | 40 |
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(2) The Secretary of State may require a person appointed under this section to | |
conduct the inquiry in public or in private. | |
(3) A person appointed under this section may summon a person to attend at a | |
specified time and place— | |
(a) to give evidence; | 5 |
(b) to produce a document. | |
(4) Where the Secretary of State receives a report of an inquiry under this section | |
he shall, in so far as he thinks it in the public interest, publish a summary of the | |
report. | |
(5) In the application of this clause to an inquiry held in Scotland subsection (3) | 10 |
shall have effect as if for “summon” there were substituted “cite”. | |
58 Inquiry: supplemental | |
(1) A person appointed under section 57 may— | |
(a) require evidence to be given on oath, and | |
(b) for that purpose, administer an oath. | 15 |
(2) A person appointed under section 57 may not require the production of a | |
document relating to the title of land which is not the property of the | |
Authority. | |
(3) A person commits an offence if without reasonable excuse he— | |
(a) fails to comply with a summons under section 57, or | 20 |
(b) obstructs or fails to co-operate with an inquiry under that section. | |
(4) A person has a reasonable excuse for failure to comply with a summons if he | |
is not offered payment of the reasonable costs of compliance. | |
(5) A person who is guilty of an offence under subsection (3) shall be liable on | |
summary conviction to— | 25 |
(a) a fine not exceeding level 3 on the standard scale, | |
(b) imprisonment for a term not exceeding 51 weeks, or | |
(c) both. | |
(6) The Secretary of State may direct the Authority to pay all or part of the costs | |
incurred by a person in connection with an inquiry under section 57. | 30 |
(7) A direction under subsection (6) may include provision for taxation of costs. | |
(8) In the application of this clause in relation to an inquiry held in Scotland | |
subsections (3) and (4) shall have effect as if for “summons” there were | |
substituted “citation”. | |
59 Public consultation | 35 |
(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, | |
(c) persons providing railway services, | 40 |
(d) organisations representing persons providing railway services, | |
(e) the Scottish Ministers, | |
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(f) the National Assembly for Wales, | |
(g) organisations representing local authorities in England, | |
(h) the Strategic Rail Authority, | |
(i) the Office of Rail Regulation, | |
(j) the Rail Accident Investigation Branch, | 5 |
(k) the Health and Safety Commission, | |
(l) the Health and Safety Executive, and | |
(m) other persons with an interest in the railways whom the Authority | |
thinks it appropriate to consult. | |
(2) The Authority shall make, and review from time to time, arrangements to | 10 |
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— | |
(a) consult the Chief Constable, and | 15 |
(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 | |
section; | 20 |
(c) require the Authority to review arrangements under this section. | |
Inspection | |
60 Inspection | |
(1) Her Majesty’s Inspectors of Constabulary shall inspect the Police Force from | |
time to time. | 25 |
(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. | |
(3) Following an inspection the inspectors shall report to the Secretary of State on | 30 |
the efficiency and effectiveness of the force— | |
(a) generally, or | |
(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 | 35 |
may direct. | |
(5) Where the Secretary of State receives a report under subsection (3) he shall | |
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 | 40 |
report of an inspection under this section. | |
(7) The Authority shall pay to the Secretary of State such amounts as the Secretary | |
of State may specify in respect of an inspection carried out under this section. | |
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(8) 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 | |
inspectors of constabulary appointed under section 33(1) of the Police | |
(Scotland) Act 1967 (c. 77). | |
61 Action after adverse inspection report | 5 |
(1) Sections 62 and 63 apply where a report of Her Majesty’s Inspectors of | |
Constabulary states that the Police Force is inefficient or ineffective— | |
(a) generally, or | |
(b) in a specified respect. | |
(2) Sections 62 and 63 also apply where a report of Her Majesty’s Inspectors of | 10 |
Constabulary states that the Police Force is likely, unless remedial measures | |
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 | 15 |
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. | |
62 Remedial direction | |
(1) Where this section applies as a result of a report the Secretary of State may by | 20 |
direction require the Authority to take specified measures for the purpose of | |
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, | 25 |
(b) give the Chief Constable an opportunity to make representations, | |
(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. | |
(3) Where the Secretary of State gives a direction under this section he shall lay | 30 |
before Parliament— | |
(a) a copy of the direction, and | |
(b) a report about it. | |
63 Action plan | |
(1) Where this section applies as a result of a report, the Secretary of State may by | 35 |
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; | |
(b) a timetable; | 40 |
(c) proposals for assessment of achievement; | |
(d) proposals for reporting to the Secretary of State about progress. | |
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(3) A direction under this section must specify a period of between four and | |
twelve weeks within which the plan must be submitted. | |
(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, | 5 |
(b) give the Chief Constable an opportunity to make representations, | |
(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. | |
(5) Where the Secretary of State gives a direction under this section he shall notify | 10 |
the Chief Constable. | |
(6) As soon as is reasonably practicable after receiving a direction under this | |
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 | 15 |
Constable’s draft the Authority shall consult him. | |
(8) 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. | 20 |
(9) If the Secretary of State thinks that a plan of action submitted by the Authority | |
under this section is inadequate, he may— | |
(a) inform the Authority of his opinion and the reasons for it, and | |
(b) give a new direction under this section. | |
64 Senior appointment: delegation of function | 25 |
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 | |
Police (Scotland) Act 1967 (c. 77) the function of— | |
(a) approving an appointment under or by virtue of a provision of this | |
Part, or | 30 |
(b) giving consent under section 21(4) or 22(4). | |
Miscellaneous | |
65 Offences | |
(1) Subsections (1) and (2) of section 89(1) and (2) of the Police Act 1996 (assault on | |
constable, &c.) shall apply in relation to a constable of the Police Force as they | 35 |
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 | 40 |
reference to a special constable of the Police Force. | |
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(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. | |
66 Part III of the Road Traffic Offenders Act 1988 (c. 53) | |
(1) Part III of Road Traffic Offenders Act 1988 (fixed penalties) shall be amended | 5 |
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 | |
were a reference to the chief constable of that force.” | 10 |
(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”. | |
67 International assistance | |
(1) The Authority may provide advice or assistance, or arrange for the Police Force | |
to provide advice or assistance, to a body which has responsibilities in relation | 15 |
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 | |
otherwise), and | 20 |
(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 | |
unconditional). | 25 |
68 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 | 30 |
69 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. | |
70 Consequential, transitional and incidental provision | |
(1) Schedule 5 (amendments consequential on this Part) shall have effect. | 35 |
(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. | |
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(3) Transitional provision under subsection (2) may, in particular, make provision | |
in connection with the abolition of the police force comprising constables | |
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— | 5 |
(a) for the transfer to the Authority of staff (including, but not limited to, | |
constables) presently employed by the Strategic Rail Authority or by | |
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 | 10 |
connection with the old transport police; | |
(c) for the transfer to the Authority of rights and liabilities arising in | |
connection with the old transport police; | |
(d) for employment to be treated as continuous in the case of staff | |
transferred; | 15 |
(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 | |
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 | 20 |
schemes; | |
(g) for a pension scheme to have effect with specified modifications (which | |
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— | 25 |
(i) different classes of employee of the Authority, or | |
(ii) schemes appertaining to different classes of employee of the | |
Authority; | |
(h) treating persons appointed to the old transport police as having been | |
appointed under this Part; | 30 |
(i) for dealing with— | |
(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 | 35 |
police services agreements with the Authority (whether or not | |
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; | 40 |
(k) about the continuity of legal proceedings; | |
(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) to have effect in relation to Scotland in place of the provision relating to | 45 |
bankruptcy restrictions orders until such time as they can be made in | |
Scotland under or by virtue of an Act of the Scottish Parliament; | |
(n) in respect of the period (if any) between the coming into force of section | |
17 and the beginning of the first financial year of the Authority. | |
(4) An order under subsection (2) may amend an enactment or instrument. | 50 |
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