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Jurisdiction | |
29 Jurisdiction | |
(1) A constable of the Police Force shall have all the powers and privileges of a | |
constable— | |
(a) on track, | 5 |
(b) on network, | |
(c) in a station, | |
(d) in a light maintenance depot, | |
(e) on other land used for purposes of or in relation to a railway, | |
(f) on other land in which a person who provides railway services has a | 10 |
freehold or leasehold interest, and | |
(g) throughout Great Britain for a purpose connected to a railway or to | |
anything occurring on or in relation to a railway. | |
(2) A constable of the Police Force may enter property which is or forms part of | |
anything specified in subsection (3)— | 15 |
(a) without a warrant, | |
(b) using reasonable force if necessary, and | |
(c) whether or not an offence has been committed. | |
(3) Those things are— | |
(a) track, | 20 |
(b) a network, | |
(c) a station, | |
(d) a light maintenance depot, and | |
(e) a railway vehicle. | |
(4) In this section “powers” includes powers under an enactment whenever | 25 |
passed or made. | |
30 Prosecution | |
Where the Police Force investigates an offence in the course of the exercise of | |
its functions, the Chief Constable may institute criminal proceedings in | |
England and Wales in respect of the offence. | 30 |
Police Services Agreements | |
31 Police services agreement | |
(1) The Authority may enter into an agreement under this section (to be known as | |
a police services agreement) with any person (“the customer”) which | |
provides— | 35 |
(a) for the Police Force to police a railway or railway property in | |
connection with which the customer provides railways services, in | |
accordance with the objectives, plans, targets and directions set under | |
sections 47 to 52, | |
(b) for the Police Force to provide such additional policing services as may | 40 |
be specified in the agreement, and | |
(c) for such incidental or ancillary matters as the parties think appropriate. | |
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(2) The Authority may not enter into a police services agreement unless a draft is | |
approved in writing by the Secretary of State. | |
(3) A police services agreement shall include provision requiring the customer to | |
make payments to the Authority, which may be payments of— | |
(a) specified sums, or | 5 |
(b) sums assessed in a specified manner (which may include reference to | |
amounts paid, or expected to be paid, by the Authority). | |
(4) In determining the terms in a police services agreement of provision about | |
payment the Authority shall aim to ensure that— | |
(a) in each financial year the expenses of the Authority, including those | 10 |
incurred in defraying the expenses of the Police Force, are as nearly as | |
possible equivalent to the income of the Authority, and | |
(b) the amount of the contribution to the expenses of the Authority made | |
by each customer in a financial year approximately reflects the nature | |
and extent of the functions likely to be undertaken in that year in | 15 |
accordance with the customer’s police service agreement. | |
(5) But subsection (4) does not prevent the Authority from setting a customer’s | |
contribution at a level which— | |
(a) reflects a surplus of income over expenses in a previous financial year | |
(whether or not relating wholly or partly to functions carried out in | 20 |
respect of the customer); | |
(b) reflects a deficit in a previous financial year (whether or not relating | |
wholly or partly to functions carried out in respect of the customer); | |
(c) reflects the need to reserve funds for contingencies. | |
32 Compulsory police services agreement | 25 |
(1) The Secretary of State may by order— | |
(a) require a person who provides railway services to enter into a police | |
services agreement; | |
(b) require each member of a class of persons providing railway services to | |
enter into a police services agreement. | 30 |
(2) A person commits an offence if— | |
(a) he is subject to a requirement under subsection (1), and | |
(b) he provides railway services without having entered into a police | |
services agreement in respect of the railway or railway property in | |
connection with which he provides the services. | 35 |
(3) A person who is guilty of an offence under subsection (2) shall be liable— | |
(a) on summary conviction, to a fine not exceeding the statutory | |
maximum, or | |
(b) on conviction on indictment, to a fine. | |
(4) The Authority shall take reasonable steps to facilitate compliance by a person | 40 |
with a requirement imposed under subsection (1). | |
(5) Before imposing a requirement on a person or class under subsection (1) the | |
Secretary of State shall consult the person or each member of the class. | |
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33 Arbitration by Secretary of State | |
(1) This section applies to a dispute between the Authority and a person who has | |
entered into a police services agreement, where the dispute is about the terms, | |
construction or operation of the agreement. | |
(2) Either party to the dispute may refer it to the Secretary of State. | 5 |
(3) The Secretary of State may— | |
(a) determine the dispute, or | |
(b) nominate a person to determine the dispute. | |
(4) The Secretary of State shall determine the procedure to be followed in | |
determining a dispute under this section. | 10 |
(5) In particular, the Secretary of State or nominated person shall give each party | |
to the dispute an opportunity to make representations. | |
(6) In determining a dispute the Secretary of State or a nominated person may— | |
(a) give a declaration about how a provision of a police services agreement | |
is to be construed or operated; | 15 |
(b) vary the terms of a police services agreement; | |
(c) determine that one party is obliged in accordance with a police services | |
agreement to pay a specified sum, or a sum to be assessed in a specified | |
manner, to the other party; | |
(d) make an order about costs. | 20 |
(7) Where a dispute is determined under this section— | |
(a) a party may appeal to the High Court on a point of law; | |
(b) the determination may, with the permission of the High Court, be | |
enforced as if it were a judgment of the High Court (and may, in | |
particular, be enforced by the use of powers in relation to contempt of | 25 |
court). | |
(8) Where it is agreed by the parties that Scots law applies to the police services | |
agreement, a reference in subsection (7) to the High Court shall be treated as a | |
reference to the Court of Session. | |
Regulation of Police Force | 30 |
34 Police regulations: general | |
(1) The Authority may make regulations about the government, administration | |
and conditions of constables or other persons employed in the service of the | |
Police Force which— | |
(a) apply with or without modification regulations under section 50 of the | 35 |
Police Act 1996 (c. 16) (police force regulations); | |
(b) deal with matters that could be dealt with by those regulations. | |
(2) The Authority shall also make regulations similar to the provision made by | |
and under sections 84 and 85 of that Act (representation at disciplinary | |
proceedings, and appeal). | 40 |
(3) Regulations under this section which deal with a matter addressed by | |
regulations under section 50 of that Act may differ from the regulations under | |
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(3) that section only so far as necessary to reflect the structure and circumstances | |
of the Police Force. | |
(4) The Authority may make provision about the terms and conditions of | |
employment of constables or other persons employed in the service of the | |
Police Force otherwise than by regulations under this section— | 5 |
(a) whether or not equivalent provision is made by regulations under | |
section 50 of the Police Act 1996 (c. 16), but | |
(b) subject to any regulations made under this section. | |
(5) This section does not apply in relation to special constables or cadets. | |
35 Police regulations: special constables | 10 |
(1) The Authority may make regulations about the government, administration | |
and conditions of service of special constables of the Police Force which— | |
(a) apply with or without modification regulations under section 51 of the | |
Police Act 1996 (police force regulations); | |
(b) deal with matters that could be dealt with by those regulations. | 15 |
(2) Regulations under this section which deal with a matter addressed by | |
regulations under section 51 of that Act may differ from the regulations under | |
that section only so far as necessary to reflect the structure and circumstances | |
of the Police Force. | |
36 Police regulations: cadets | 20 |
(1) The Authority may make regulations about the government, administration | |
and conditions of service of cadets of the Police Force which— | |
(a) apply with or without modification regulations under section 52 of the | |
Police Act 1996 (police force regulations); | |
(b) deal with matters that could be dealt with by those regulations. | 25 |
(2) Regulations under this section which deal with a matter addressed by | |
regulations under section 52 of that Act may differ from the regulations under | |
that section only so far as necessary to reflect the structure and circumstances | |
of the Police Force. | |
37 British Transport Police Federation | 30 |
(1) The Authority may make regulations about a body to be known as the British | |
Transport Police Federation and having the function of representing persons | |
employed in the service of the Police Force in matters affecting their welfare | |
and efficiency except for questions about— | |
(a) the promotion of specified persons, or | 35 |
(b) the discipline of specified persons (but this paragraph is subject to | |
subsection (3)). | |
(2) Regulations under this section must make provision similar to that made by | |
regulations under section 60 of the Police Act 1996 (police federations) subject | |
to such modifications as may be necessary to reflect the structure and | 40 |
circumstances of the Police Force. | |
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(3) Regulations under this Part may permit an official of the British Transport | |
Police Federation to act for a person employed in the service of the Police Force | |
in proceedings arising under the regulations. | |
(4) The British Transport Police Federation— | |
(a) may not become or remain connected with any other body without the | 5 |
approval of the Secretary of State (which may be given conditionally or | |
unconditionally, and may be varied or withdrawn), but | |
(b) may employ in an administrative or advisory capacity a person who is | |
not employed in the service of the Police Force. | |
38 Regulations: approval in draft | 10 |
(1) This section applies to regulations under section 34, 35, 36 or 37. | |
(2) The Authority may not make regulations unless a draft has been approved | |
by— | |
(a) the Chief Constable, | |
(b) the staff associations, and | 15 |
(c) the Secretary of State. | |
(3) The Secretary of State may on the application of the Authority dispense with a | |
requirement for approval under subsection (2)(a) or (b) in respect of specified | |
draft regulations. | |
(4) Before dispensing under subsection (3) with a requirement for a person’s | 20 |
approval the Secretary of State shall consult the person. | |
(5) In subsection (2)(b) “the staff associations” means such associations | |
representing persons employed in the service of the Police Force as may be | |
prescribed by order of the Secretary of State. | |
39 Police regulations: direction to Authority | 25 |
The Secretary of State may direct the Authority to— | |
(a) prepare draft regulations under section 34, 35, 36 or 37 for a specified | |
purpose, | |
(b) submit them for approval under section 38(2) (whether or not as | |
modified in accordance with section 38(3)), and | 30 |
(c) make them if approved. | |
40 Police regulations by Secretary of State | |
(1) The Secretary of State may by regulations make provision in relation to the | |
Police Force in respect of any matter about which he could make regulations | |
under section 50, 51, 52 or 60 of the Police Act 1996 (c. 16) (general regulations, | 35 |
special constables, cadets and police federations). | |
(2) Regulations under section 34, 35, 36 or 37 above shall have no effect in so far as | |
they are inconsistent with regulations under this section. | |
(3) If regulations under this section make provision for a matter specified in | |
section 50(3) of the Police Act 1996 (disciplinary proceedings) they must also | 40 |
make provision similar to that made by and under sections 84 and 85 of that | |
Act (representation at disciplinary proceedings, and appeal). | |
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(4) Before making regulations under this section the Secretary of State shall | |
consult— | |
(a) the Authority, | |
(b) the Chief Constable, and | |
(c) the staff associations (within the meaning of section 38). | 5 |
41 Regulations: further appeal | |
(1) The Secretary of State may make regulations providing for a further appeal in | |
connection with proceedings under regulations under section 34 or 35. | |
(2) Regulations under this section may, in particular, confer jurisdiction on a court | |
or tribunal. | 10 |
42 Equipment regulations | |
(1) The Secretary of State may make regulations under section 53 of the Police Act | |
1996 (c. 16) (standard of equipment) which have effect (whether wholly or | |
partly and whether with modifications or not) in relation to the Police Force | |
(including in relation to Scotland). | 15 |
(2) Before making regulations by virtue of this section the Secretary of State shall | |
consult (in addition to any consultation required by section 53)— | |
(a) the Authority, and | |
(b) the Chief Constable. | |
43 Regulation of procedure and practice | 20 |
(1) The Secretary of State may make regulations under section 53A of the Police | |
Act 1996 (regulation of procedure and practice for purpose of facilitating inter- | |
force co-operation) which have effect (whether wholly or partly and whether | |
with modifications or not) in relation to the Police Force (including in relation | |
to Scotland). | 25 |
(2) For the purpose of regulations made by virtue of this section, section 53A shall | |
have effect as if— | |
(a) a reference to a police authority included a reference to the Authority, | |
(b) a reference to chief officers of police included a reference to the Chief | |
Constable, and | 30 |
(c) a reference to a police force included a reference to the Police Force. | |
44 Code of practice: Authority | |
(1) The Secretary of State may issue a code of practice relating to the performance | |
by the Authority of any of its functions. | |
(2) The Secretary of State may revise a code issued under subsection (1). | 35 |
(3) A code of practice issued under section 39 of the Police Act 1996 shall have | |
effect in relation to the Authority— | |
(a) with any necessary modifications, and | |
(b) subject to the provisions of a code issued under this section. | |
(4) Where the Secretary of State issues or revises a code under this section he shall | 40 |
lay before Parliament the code or revision. | |
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