Railways and Transport Safety Bill

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Railways and Transport Safety Bill

Railways and Transport Safety Bill
Schedule 5 — British Transport Police: Consequential Amendments
    63

  28       The Authority may accept money or other property, by way of grant, loan or
otherwise, from any person (whether or not subject to conditions or terms).
  29       The Authority may borrow money only from or with the consent (which
may be general or specific) of the Secretary of State.
  30       All money received by the Authority shall be paid into the British Transport
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Police Fund.
Property
  31       The Authority may acquire, develop or dispose of property.
Financial year
  32       The financial year of the Authority shall be the period of twelve months
10
ending with 31st March.
Part 4
Miscellaneous
Status
  33      (1)      The Authority shall not be regarded as the servant or agent of the Crown or
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as enjoying any status, immunity or privilege of the Crown.
          (2)      Property of the Authority shall not be regarded as property of or held on
behalf of the Crown.
          (3)      Membership of or employment by the Authority is not employment in the
civil service of the State.
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Schedule 5
Section 70

British Transport Police: Consequential Amendments
British Transport Commission Act 1949 (c. xxix)
  1        Section 53 of the British Transport Commission Act 1949 (constables) shall
cease to have effect.
25
Railways Act 1993 (c. 43)
  2        Sections 132 and 133 of (and Schedule 10 to) the Railways Act 1993 (transport
police) shall cease to have effect.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
  3        Paragraph 25 of Schedule 7 to the Anti-terrorism, Crime and Security Act
30
2001 (amendment of s. 90 of Police Act 1996) shall cease to have effect.

Railways and Transport Safety Bill
Schedule 6 — Convention on International Carriage by Rail
    64

General
  4       (1)      In the enactments specified in sub-paragraph (2) and, in so far as necessary
in consequence of Part 3 of this Act, in any other enactment, legislative or
other instrument or document—
              (a)             a reference (whether or not as the “British Transport Police Force”) to
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constables appointed under section 53 of the British Transport
Commission Act 1949 shall be treated as a reference to the British
Transport Police Force established by Part 3 of this Act, and
              (b)             a definition of the “British Transport Police Force” or the “British
Transport Police” shall cease to have effect.
10
          (2)      The enactments referred to in sub-paragraph (1) are—
              (a)             sections 54 and 57 of the Firearms Act 1968 (c. 27) (Crown
application),
              (b)             sections 35, 36, 63A and 118 of the Police and Criminal Evidence Act
1984 (c. 60) (custody, &c.),
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              (c)             sections 2, 2A and 2B of the Ministry of Defence Police Act 1987 (c. 4)
(jurisdiction),
              (d)             sections 54, 75, 87 and 89 of the Road Traffic Offenders Act 1988
(c. 53) (fixed penalty),
              (e)             sections 60 and 60AA of the Criminal Justice and Public Order Act
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1994 (c. 33) (stop and search, &c.),
              (f)             section 64 of the Disability Discrimination Act 1995 (c. 50) (Crown
application),
              (g)             sections 23, 24, 25, 30, 91 and 101 of the Police Act 1996 (c. 16)
(jurisdiction, &c.),
25
              (h)             sections 6, 9, 46, 55, 90, 93 and 94 of the Police Act 1997 (c. 50)
(appointments, &c.),
              (i)             sections 1 and 16 of the Crime and Disorder Act 1998 (c. 37) (anti-
social behaviour and truancy),
              (j)             sections 34, 44, 121 and 122 of the Terrorism Act 2000 (c. 11) (powers),
30
              (k)             section 100 of the Anti-terrorism, Crime and Security Act 2001 (c. 24)
(jurisdiction of transport police), and
              (l)             sections 26, 43, 82 and 106 of the Police Reform Act 2002 (c. 30) (co-
operation, safety and nationality).
Schedule 6
35
Section 100

Convention on International Carriage by Rail
PROVISION WHICH MAY BE INCLUDED IN REGULATIONS MADE UNDER OR
BY VIRTUE OF SECTION 100
Introduction
  1       (1)      In this Schedule “regulations” means regulations which are made—
40
              (a)             in connection with the Convention specified in section 100(1), and
              (b)             under section 100(1) or section 2 of the European Communities Act
1972 (c. 68) (implementation of Community obligations).

Railways and Transport Safety Bill
Schedule 6 — Convention on International Carriage by Rail
    65

          (2)      An expression used in this Schedule and in the Convention has the same
meaning in this Schedule as in the Convention.
          (3)      In this Schedule—
               “court” includes “tribunal”, and
               “legal proceedings” includes arbitration.
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General
  2        Regulations may—
              (a)             make provision enabling a right or duty arising under the
Convention to be enforced;
              (b)             deal with any matter arising out of or related to the Convention;
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              (c)             supplement or amplify a provision of the Convention;
              (d)             amend an enactment;
              (e)             apply, disapply or modify the effect of an enactment;
              (f)             confer jurisdiction on a court;
              (g)             confer a function (which may include a discretionary function) on
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the Secretary of State or a person appointed in accordance with the
regulations;
              (h)             impose a duty to co-operate with a person exercising a function
under the Convention or the regulations;
              (i)             enable a fee to be charged in connection with an inspection or the
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exercise of another function under the Convention or the regulations;
              (j)             require a person to provide information to the Secretary of State or
another person;
              (k)             make provision about the disclosure of information;
              (l)             make provision about the admission of railway vehicles or other
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railway material to international traffic, which may include
provision—
                    (i)                   which concerns the movement or treatment of vehicles or
other material following admission;
                    (ii)                  which concerns the movement or treatment of passengers
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following admission;
              (m)             make provision which applies generally or only in specific
circumstances;
              (n)             make different provision for different circumstances;
              (o)             include consequential provision (which may include provision
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amending or repealing an enactment);
              (p)             include transitional, supplemental or incidental provision.
Changes to Convention
  3       (1)      Regulations may make provision about modification of the Convention in
accordance with its provisions.
40
          (2)      In particular, the regulations may—
              (a)             provide for a reference to the Convention to be treated following
modification (whether occurring before or after the reference first
takes effect) as a reference to the Convention as modified;
              (b)             make different provision in respect of modification by decision of a
45
committee and modification by decision of the General Assembly;

Railways and Transport Safety Bill
Schedule 6 — Convention on International Carriage by Rail
    66

              (c)             provide for a suspension under Article 35(4) of the Convention to be
disregarded except in so far as it relates to the United Kingdom;
              (d)             give effect to a transitional provision made by or under the
Convention;
              (e)             make transitional provision in relation to a modification of the
5
Convention.
          (3)      In this paragraph a reference to modification of the Convention includes a
reference to—
              (a)             the validation of a technical standard, and
              (b)             the adoption of a uniform technical prescription.
10
  4        Regulations may make provision about the publication of—
              (a)             a change to the list of parties to the Convention;
              (b)             a declaration, objection or reservation by a party to the Convention;
              (c)             the suspension of part of the Convention in relation to a party;
              (d)             a modification of the Convention (including the validation of a
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technical standard or the adoption of a uniform technical
prescription).
Imposition of conditions
  5       (1)      Regulations may specify conditions which must be satisfied before a person
may—
20
              (a)             exercise a right under the Convention, or
              (b)             do something to which the Convention applies.
          (2)      The conditions may, in particular, relate to—
              (a)             the making of an application;
              (b)             the determination of an application by the Secretary of State or
25
another person;
              (c)             the payment of a fee;
              (d)             the provision of information;
              (e)             the display of a sign on a rail vehicle;
              (f)             the attendance of a constable.
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Sanctions
  6       (1)      Regulations may provide a criminal or other sanction in connection with a
duty arising under the Convention or the regulations.
          (2)      But regulations may not create a criminal offence which—
              (a)             is punishable with imprisonment, or
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              (b)             is punishable on summary conviction with a fine exceeding the
statutory maximum or level 5 on the standard scale.
          (3)      Sub-paragraph (2) shall not apply to an offence created in reliance on section
2(2) of the European Communities Act 1972 (c. 68).
          (4)      Sub-paragraph (2) shall also not apply to an offence created by way of or in
40
connection with a provision which—
              (a)             applies (with or without modification) a provision made in reliance
on an Act other than this Act,

Railways and Transport Safety Bill
Schedule 7 — Repeals
    67

              (b)             is similar to provision made in reliance on an Act other than this Act,
or
              (c)             is made partly in reliance on this Act and partly in reliance on
another Act.
Related legal proceedings
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  7       (1)      Regulations may make provision designed to prevent double recovery.
          (2)      In particular, regulations may require or enable a court to—
              (a)             have regard to the result or possible result of other proceedings,
whether in the United Kingdom or elsewhere and whether actual or
potential;
10
              (b)             make an award wholly or partly conditional on the result of other
proceedings.
Enforcement of judgments
  8       (1)      Regulations may make provision about the enforcement of judgments.
          (2)      The regulations may, in particular, make provision about the application of
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Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13).
Special drawing rights
  9       (1)      Regulations may make provision for the conversion of special drawing
rights into sterling in connection with the application of the Convention or
the regulations to legal proceedings.
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          (2)      Regulations may, in particular—
              (a)             make provision by reference to determinations of the International
Monetary Fund;
              (b)             require or enable a matter to be certified by or on behalf of the
Treasury;
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              (c)             provide for the proof and treatment of a certificate under paragraph
(b);
              (d)             enable a fee to be charged for the issue of a certificate under
paragraph (b).
Saving
30
  10       This Schedule is without prejudice to the generality of—
              (a)             section 100(1), or
              (b)             section 2 of the European Communities Act 1972 (c. 68).
Schedule 7
Section 106

Repeals
35

Short title and chapter
Extent of repeal

British Transport Commission
Section 53.

Act 1949 (c. xxix)

Railways and Transport Safety Bill
Schedule 7 — Repeals
    68

Short title and chapter
Extent of repeal

House of Commons
In Part III of Schedule 1, the entry relating to the

Disqualification Act 1975
Rail Regulator.

(c. 24)

Road Traffic Offenders Act 1988
In section 76(2)(a), the words “of police”.

5

(c. 53)

Railways Act 1993 (c. 43)
Section 1.

In section 4(5)(c), the words “under this Part”.

In section 15(4A)—

the words “he or”, and

10

in paragraphs (a) and (b), the words “it

proposes to”.

In section 15C(3), in each place, the words “his

or”.

In section 21(5), the words “of his”.

15

In section 57B—

in subsection (3), the words “or his”, and

in subsection (4)(a), the words “his or”.

In section 74(8)—

the definition of “first relevant financial

20

year”, and

the word “or” immediately preceding it.

Sections 132 and 133.

In section 151(1), the definition of “the

Regulator”.

25

Schedule 1.

Schedule 10.

Merchant Shipping Act 1995 (c.
Section 117.

21)
Section 311.

Greater London Authority Act
Section 425(3).

30

1999 (c. 29)

Transport Act 2000 (c. 38)
Section 251(2).

In Schedule 18, paragraph 9.

In Schedule 27, paragraph 45.

Anti-terrorism, Crime and
In Schedule 7, paragraph 25.

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Security Act 2001 (c. 24)



© Parliamentary copyright 2003	Revised 14 January 2003