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71 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, | |
(b) may make different provision for different cases or circumstances, and | 5 |
(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 | |
approved by resolution of each House of Parliament— | 10 |
(a) an order under section 70(2) which amends an enactment or | |
instrument, | |
(b) an order under section 70(2) which is made by virtue of section 70(3), | |
and | |
(c) an order under paragraph 24(2) of Schedule 4. | 15 |
(4) An order under paragraph 1(2) of Schedule 4 shall be laid before Parliament. | |
(5) 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. | |
72 Interpretation | 20 |
(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. | 25 |
(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— | |
(a) a track, | 30 |
(b) a network, | |
(c) a station, | |
(d) a light maintenance depot, | |
(e) a railway vehicle on a network or tramway, | |
(f) rolling stock on a network or tramway, | 35 |
(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 | |
Act 1992. | 40 |
(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 | 5 |
(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). | 10 |
(8) This section is subject to section 74(2). | |
73 Index of defined expressions | |
The following expressions are defined for the purposes of this Part by the | |
provisions specified. | |
| | Expression | Provision | | 15 | | | The Authority | Section 17 | | | | | British Transport Police Federation | Section 37 | | | | | The Chief Constable | Section 20 | | | | | Constable | Sections 24(5) and 72 | | | | | Light maintenance depot | Section 72 | | 20 | | | National Policing Plan | Section 72 | | | | | Network | Section 72 | | | | | Police services agreement | Section 31 | | | | | The Police Force | Section 19 | | | | | Railway | Section 72 | | 25 | | | Railway services | Section 72 | | | | | Rolling stock | Section 72 | | | | | Station | Section 72 | | | | | Track | Section 72 | | | | | Train | Section 72 | | 30 | | | Tramway | Section 72 | | |
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74 Extent | |
(1) This Part shall extend only to— | |
(a) England and Wales, and | |
(b) Scotland. | 35 |
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(2) In the application of this Part in relation to Scotland any reference to a tramway | |
shall be disregarded. | |
Part 4 | |
Shipping: Alcohol and Drugs | |
Offences | 5 |
75 Professional staff on duty | |
(1) This section applies to— | |
(a) a professional master of a ship, | |
(b) a professional pilot of a ship, and | |
(c) a professional seaman in a ship while on duty. | 10 |
(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. | |
(4) For the purposes of this section a master, pilot or seaman is professional if (and | 15 |
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 | |
defence for him to show that— | 20 |
(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. | |
76 Professional staff off duty | 25 |
(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. | 30 |
(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 | 35 |
as seaman in the course of a business or employment. | |
77 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 75 or 76 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 | 5 |
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. | 10 |
(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. | 15 |
78 Prescribed limit | |
(1) The prescribed limit of alcohol for the purposes of this Part is— | |
(a) in the case of breath, 35 microgrammes of alcohol in 100 millilitres, | |
(b) in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and | |
(c) in the case of urine, 107 milligrammes of alcohol in 100 millilitres. | 20 |
(2) The Secretary of State may make regulations amending subsection (1). | |
Enforcement | |
79 Penalty | |
A person guilty of an offence under this Part shall be liable— | |
(a) on conviction on indictment, to imprisonment for a term not exceeding | 25 |
two years, to a fine or to both, or | |
(b) on summary conviction, to a fine not exceeding the statutory | |
maximum. | |
80 Specimens, &c. | |
(1) The provisions specified in the first column of the table below, with the | 30 |
modifications specified in the third column and any other necessary | |
modifications, shall have effect in relation to an offence under this Part. | |
| | Provision | Description | Modification | | | | | Road Traffic Act | | | | | | | 1988 (c. 52) | | | | 35 |
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| | Provision | Description | Modification | | | | | | | In subsection (3) the reference to driving | | | | | | | properly shall be treated as a reference to | | | | | | | exercising a function in connection with the | | | | | | | navigation of a ship. | | 5 | | | Section 11 | Interpretation | For the definition of “the prescribed limit” | | | | | | | there shall be substituted the definition given | | | | | | | in this Part (and the definition of “drug” shall | | | | | | | be disregarded). | | | | | Road Traffic | | | | 10 | | | Offenders Act | | | | | | | 1988 (c. 53) | | | | | | | Section 15 | Use of specimens | In subsection (1), the reference to an offence | | | | | | | under section 3A, 4 or 5 of the Road Traffic | | | | | | | Act 1988 shall be treated as a reference to an | | 15 | | | | | offence under section 75, 76 or 77 of this Act. | | | | | | | The relevant time for the consumption of | | | | | | | alcohol for the purpose of subsection (3)(a) | | | | | | | shall be before providing the specimen and | | | | | | | after the time of the alleged offence. | | 20 | | | | | In subsection (3)(b) the reference to driving | | | | | | | shall be treated as a reference to exercising a | | | | | | | function in connection with the navigation of | | | | | | | a ship. | | | | | Section 16 | Documentary | | | 25 | | | | evidence | | | |
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(2) The Secretary of State may by regulations amend the table in subsection (1) so | |
as— | |
(a) to add a provision relating to an offence which concerns alcohol or | |
drugs in relation to road traffic; | 30 |
(b) to add, remove or amend a modification (whether or not in connection | |
with an amendment of a provision specified in the table). | |
(3) For the purpose of the application by subsection (1) of a provision listed in the | |
table in that subsection— | |
(a) the provision shall extend to the whole of the United Kingdom, and | 35 |
(b) a reference to the provision shall be treated, unless the context | |
otherwise requires, as including a reference to the provision as applied. | |
81 Detention pending arrival of police | |
(1) A marine official may detain a ship if he reasonably suspects that a person who | |
is or may be on board the ship— | 40 |
(a) is committing an offence under section 75, 76 or 77, or | |
(b) has committed an offence under section 75, 76 or 77. | |
(2) The power of detention under subsection (1)— | |
(a) is conditional upon the marine official making a request, either before | |
the detention or as soon as possible after its commencement, for a | 45 |
constable in uniform to attend, and | |
(b) lapses when a constable in uniform has decided whether or not to | |
exercise a power by virtue of section 80 and has informed the marine | |
official of his decision. | |
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(3) In this section “marine official” means— | |
(a) a harbour master, or an assistant of a harbour master, appointed by a | |
harbour authority, | |
(b) a person listed in section 284(1)(a) to (d) of the Merchant Shipping Act | |
1995 (c. 21)(detention of ship), and | 5 |
(c) a person falling within a class designated by order of the Secretary of | |
State. | |
(4) In construing section 284(1)(b) of the Merchant Shipping Act 1995 (detention | |
by person authorised by Secretary of State) for the purpose of subsection (3)(b) | |
above, the reference to authorisation to exercise powers under that section | 10 |
shall be taken as a reference— | |
(a) to general authorisation to exercise powers under that section, and | |
(b) to general or particular authorisation to exercise powers under this | |
section. | |
82 Arrest without warrant | 15 |
(1) A constable may arrest a person without a warrant if the constable reasonably | |
suspects that the person— | |
(a) is committing an offence under section 75(2), 76(2) or 77(2), or | |
(b) has committed one of those offences and is still under the influence of | |
drink or drugs. | 20 |
(2) But a person may not be arrested under this section while he is at a hospital as | |
a patient. | |
(3) In subsection (2) “hospital” means an institution which— | |
(a) provides medical or surgical treatment for in-patients or out-patients, | |
and | 25 |
(b) is not on a ship. | |
(4) Arrest under this section shall be treated as arrest for an offence for the | |
purposes of— | |
(a) Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention), | |
and | 30 |
(b) Part V of the Police and Criminal Evidence (Northern Ireland) Order | |
1989 (S.I. 1989/1341 (N.I. 12)) (detention). | |
83 Right of entry | |
(1) A constable in uniform may board a ship if he reasonably suspects that he may | |
wish to exercise a power by virtue of section 80 or under section 82 in respect | 35 |
of a person who is or may be on the ship. | |
(2) A constable in uniform may enter any place if he reasonably suspects that he | |
may wish to exercise a power by virtue of section 80 or under section 82 in | |
respect of a person who is or may be in that place. | |
(3) For the purposes of boarding a ship or entering a place under this section a | 40 |
constable— | |
(a) may use reasonable force; | |
(b) may be accompanied by one or more persons. | |
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