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(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. | |
(4) The office of the Rail Regulator is hereby abolished. | |
(5) Schedules 2 (consequential amendments) and 3 (savings, &c.) shall have effect. | 5 |
16 Extent | |
This Part shall extend only to— | |
(a) England and Wales, and | |
(b) Scotland. | |
Part 3 | 10 |
British Transport Police | |
Police Authority | |
17 The British Transport Police Authority | |
(1) There shall be a body corporate to be known as the British Transport Police | |
Authority. | 15 |
(2) Schedule 4 (which makes provision about the Authority) shall have effect. | |
(3) In this Part “the Authority” means the British Transport Police Authority. | |
18 Exercise of functions | |
In performing its functions the Authority shall aim to ensure the efficient and | |
effective policing of the railways and shall, in particular, have regard— | 20 |
(a) to any objective set by the Authority under section 47, | |
(b) to any objective set by the Secretary of State under section 48, | |
(c) to any railways policing plan issued by the Authority under section 49, | |
(d) to any performance target set by the Authority under section 50, | |
(e) to any code of practice issued by the Secretary of State, or having effect | 25 |
in relation to the Authority, under section 44, and | |
(f) in relation to a particular year, to the National Policing Plan for that | |
year. | |
Police Force | |
19 Establishment of Police Force | 30 |
(1) The Authority shall secure the maintenance of an efficient and effective police | |
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. | 35 |
(3) In this Part “the Police Force” means the British Transport Police Force. | |
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20 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 34. | 5 |
(3) In performing his functions the Chief Constable shall have regard to— | |
(a) any relevant code of practice issued or having effect under section 45, | |
(b) any relevant plan issued under section 49, and | |
(c) any relevant plan issued under section 52. | |
(4) The Secretary of State may make regulations about the suspension and | 10 |
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 | 15 |
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. | 20 |
(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 | 25 |
consult— | |
(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 | 30 |
Force. | |
21 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 | 35 |
(b) in accordance with regulations under section 34. | |
(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 | 40 |
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. | 5 |
(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), | 10 |
(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 | 15 |
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— | 20 |
(a) the Authority, | |
(b) the Chief Constable, and | |
(c) such other persons as he thinks fit. | |
22 Assistant Chief Constables | |
(1) The Authority shall appoint at least one assistant Chief Constable. | 25 |
(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 34. | |
(3) The Authority may permit an assistant Chief Constable to perform a function | |
of the Chief Constable— | 30 |
(a) while the Chief Constable and the deputy Chief Constable are unable | |
to act or unavailable, or | |
(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 | 35 |
exceeding three months without the consent of the Secretary of State. | |
(5) Secretary of State may make regulations about the suspension and removal of | |
an assistant Chief Constable. | |
(6) Regulations under subsection (5)— | |
(a) may apply (with or without modification) or make provision similar to | 40 |
a provision made by or under the Police Act 1996, | |
(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 | 5 |
provision made by or under the Police Act 1996 (c. 16) 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— | 10 |
(a) the Authority, | |
(b) the Chief Constable, and | |
(c) such other persons as he thinks fit. | |
23 Constables | |
(1) The Authority shall appoint and employ constables of the Police Force. | 15 |
(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 (with the omission of the words in paragraph (b) “having | |
jurisdiction within the police area”). | 20 |
(4) Section 16 of the Police (Scotland) Act 1967 (c. 77) (declaration) shall apply to a | |
special constable of the Police Force (with the substitution of the words | |
“faithfully to execute” for “in such terms as may be prescribed concerning the | |
proper discharge of”). | |
24 Special constables | 25 |
(1) The Chief Constable may appoint special constables of the Police Force. | |
(2) A special constable of the Police Force— | |
(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. | 30 |
(3) Section 29 of the Police Act 1996 (attestation) shall apply to a special constable | |
of the Police Force (with the omission of the words in paragraph (b) “having | |
jurisdiction within the police area”). | |
(4) Section 16 of the Police (Scotland) Act 1967 (declaration) shall apply to a special | |
constable of the Police Force (with the substitution of the words “faithfully to | 35 |
execute” for “in such terms as may be prescribed concerning the proper | |
discharge of”). | |
(5) A reference in this Part to a constable of the Police Force includes a reference to | |
a special constable of the Police Force. | |
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