Railways and Transport Safety Bill

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House of Commons

Session 2002 - 03
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Railways and Transport Safety Bill

Railways and Transport Safety Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Transport, are published
separately as Bill 40–EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Secretary Darling has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Railways and Transport Safety Bill are compatible
with the Convention rights.

Bill 40 53/2

Railways and Transport Safety Bill

Contents
Part 1
Investigation of Railway Accidents
Introduction
      1         Meaning of “railway” and “railway property”
      2         Meaning of “railway accident” and “railway incident”
The Rail Accident Investigation Branch
      3         Establishment
      4         General aims
      5         Assistance to others
Investigation by Branch
      6         Investigations
      7         Investigator’s powers
      8         Regulations
Investigation by industry
      9         Requirement to investigate
Accident regulations
      10         Accident regulations
General
      11         Crown application
      12         Regulations and orders
      13         Extent

Bill 40 53/2

Railways and Transport Safety Bill
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Part 2
Office of Rail Regulation
      14         Establishment
      15         Transfer of functions
      16         Extent
Part 3
British Transport Police
Police Authority
      17         The British Transport Police Authority
      18         Exercise of functions
Police Force
      19         Establishment of Police Force
      20         Chief Constable
      21         Deputy Chief Constable
      22         Assistant Chief Constables
      23         Constables
      24         Special constables
      25         Cadets
      26         Civilian employees
      27         Terms of employment
      28         Trade union membership
Jurisdiction
      29         Jurisdiction
      30         Prosecution
Police Services Agreements
      31         Police services agreement
      32         Compulsory police services agreement
      33         Arbitration by Secretary of State
Regulation of Police Force
      34         Police regulations: general
      35         Police regulations: special constables
      36         Police regulations: cadets
      37         British Transport Police Federation
      38         Regulations: approval in draft
      39         Police regulations: direction to Authority
      40         Police regulations by Secretary of State
      41         Regulations: further appeal
      42         Equipment regulations
      43         Regulation of procedure and practice
      44         Code of practice: Authority

Railways and Transport Safety Bill
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      45         Code of practice: Chief Constable
      46         Service outside Police Force
Planning
      47         Policing objectives: Authority
      48         Policing objectives: Secretary of State
      49         Railways policing plan
      50         Performance targets
      51         Performance directions
      52         Three-year strategy plan
Information, &c.
      53         Reports by Chief Constable
      54         Annual report by Authority
      55         Other reports to Secretary of State
      56         Statistics
      57         Inquiry
      58         Inquiry: supplemental
      59         Public consultation
Inspection
      60         Inspection
      61         Action after adverse inspection report
      62         Remedial direction
      63         Action plan
      64         Senior appointment: delegation of function
Miscellaneous
      65         Offences
      66         Part III of the Road Traffic Offenders Act 1988 (c. 53)
      67         International assistance
      68         Exercise of functions by Secretary of State
General
      69         Crown application
      70         Consequential, transitional and incidental provision
      71         Regulations and orders
      72         Interpretation
      73         Index of defined expressions
      74         Extent
Part 4
Shipping: Alcohol and Drugs
Offences
      75         Professional staff on duty
      76         Professional staff off duty

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      77         Non-professionals
      78         Prescribed limit
Enforcement
      79         Penalty
      80         Specimens, &c.
      81         Detention pending arrival of police
      82         Arrest without warrant
      83         Right of entry
General
      84         Consequential repeal
      85         Orders and regulations
      86         Interpretation
      87         Crown application
      88         Territorial application
Part 5
Aviation: Alcohol and Drugs
Offences
      89         Being unfit for duty
      90         Prescribed limit
      91         Aviation functions
Enforcement
      92         Penalty
      93         Specimens, &c.
      94         Arrest without warrant
      95         Right of entry
General
      96         Regulations
      97         Crown application
      98         Military application
      99         Territorial application
Part 6
Miscellaneous
      100         Convention on International Carriage by Rail
      101         Office of Rail Regulation: general duties
      102         Railways safety levy
      103         Road traffic: fixed penalty
      104         Shipping legislation: application to structures, craft, &c.
      105         Railways in London: transfers

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Part 7
General
      106         Repeals
      107         Money
      108         Commencement
      109         Extent
      110         Short title
                  Schedule 1                     —                     Office of Rail Regulation
                  Schedule 2                     —                     Abolition of Rail Regulator: Consequential Amendments
                  Part 1                    —                     Railways Act 1993 (c. 43)
                  Part 2                    —                     Other Acts
                  Schedule 3                     —                     Abolition of Rail Regulator: Savings, &c.
                  Schedule 4                     —                     British Transport Police Authority
                  Part 1                    —                     Membership
                  Part 2                    —                     Proceedings
                  Part 3                    —                     Money and property
                  Part 4                    —                     Miscellaneous
                  Schedule 5                     —                     British Transport Police: Consequential Amendments
                  Schedule 6                     —                     Convention on International Carriage by Rail
                  Schedule 7                     —                     Repeals

© Parliamentary copyright 2003
Revised 14 January 2003