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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

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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.

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 16    Extent      

This Part shall extend only to—

           (a)           England and Wales, and

           (b)           Scotland.

Part 3

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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.

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     (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—

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           (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

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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

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     (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.

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     (3)    In this Part “the Police Force” means the British Transport Police Force.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    9

 

 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.

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     (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

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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

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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.

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     (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

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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

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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

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           (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

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Constable.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    10

 

     (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.

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     (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),

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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

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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—

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           (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.

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     (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—

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           (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

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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

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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),

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    11

 

           (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

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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—

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           (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.

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     (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”).

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     (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

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     (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.

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     (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

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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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