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45 Code of practice: Chief Constable | |
(1) The Secretary of State may issue a code of practice relating to the performance | |
by the Chief Constable of any of his functions. | |
(2) The Secretary of State may revise a code issued under subsection (1). | |
(3) A code of practice issued under section 39A of the Police Act 1996 (c. 16) shall | 5 |
have effect in relation to the Chief Constable— | |
(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 | |
lay before Parliament the code or revision. | 10 |
(5) But subsection (4) shall not oblige the Secretary of State to lay before | |
Parliament anything if he thinks that its publication— | |
(a) would be against the interests of national security, | |
(b) could prejudice the prevention or detection of crime or the | |
apprehension or prosecution of offenders, or | 15 |
(c) could jeopardise a person’s safety. | |
46 Service outside Police Force | |
(1) The Secretary of State may make regulations about the treatment by the | |
Authority of a person who— | |
(a) is or was a constable of the Police Force, and | 20 |
(b) is or was engaged in service outside the Police Force of a specified kind. | |
(2) The regulations shall, in particular, make provision similar to that of section 97 | |
of the Police Act 1996 (service by police officer outside his force) subject to any | |
modification necessary to reflect the structure and circumstances of the Police | |
Force. | 25 |
Planning | |
47 Policing objectives: Authority | |
(1) Before the beginning of each financial year the Authority shall set objectives for | |
policing the railways during that year. | |
(2) The objectives— | 30 |
(a) may relate to a matter addressed by objectives set by the Secretary of | |
State under section 48, and | |
(b) must be consistent with those objectives. | |
(3) In setting the objectives for a year the Authority shall— | |
(a) consult the Chief Constable, | 35 |
(b) have regard to opinions expressed in accordance with section 59, | |
(c) have regard to objectives set for that year by the Secretary of State | |
under section 37 of the Police Act 1996, and | |
(d) have regard to the National Policing Plan for that year. | |
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48 Policing objectives: Secretary of State | |
(1) The Secretary of State may by direction to the Authority set objectives for | |
policing the railways during a financial year. | |
(2) The Secretary of State shall publish a direction under this section. | |
(3) Before giving a direction under this section the Secretary of State shall | 5 |
consult— | |
(a) the Authority, and | |
(b) the Chief Constable. | |
(4) Before giving a direction under this section the Secretary of State shall consider | |
any representations made to him by the Scottish Ministers on the matter of | 10 |
objectives for policing the railways in Scotland. | |
49 Railways policing plan | |
(1) Before the beginning of each financial year the Authority shall issue a plan | |
setting out the proposed arrangements for policing the railways during that | |
year. | 15 |
(2) The plan for a year must include a statement of— | |
(a) the Authority’s priorities for the year, | |
(b) the financial resources which the Authority expects to be available, and | |
(c) the proposed allocation of resources. | |
(3) The plan for a year must specify— | 20 |
(a) any objective set by the Authority for that year under section 47, | |
(b) any objective by the Secretary of State for the year under section 48, and | |
(c) any performance target set by the Authority in relation to the | |
achievement of an objective for that year (whether set under section 50 | |
or otherwise). | 25 |
(4) A plan for a year must be consistent with the relevant three-year strategy plan | |
issued by the Authority under section 52. | |
(5) The Chief Constable shall submit to the Authority a draft plan for each | |
financial year. | |
(6) Before issuing a plan which differs from the Chief Constable’s draft the | 30 |
Authority shall consult him. | |
(7) In preparing a plan the Chief Constable and the Authority shall have regard to | |
any guidance given by the Secretary of State about local policing plans under | |
section 8(4A) of the Police Act 1996 (c. 16). | |
(8) The Authority shall— | 35 |
(a) publish each plan under this section, and | |
(b) send a copy of each plan under this section to the Secretary of State. | |
50 Performance targets | |
(1) The Secretary of State may by direction to the Authority require it to set a target | |
in relation to the achievement of an objective set under section 48. | 40 |
(2) A direction may specify a condition which a target must satisfy. | |
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(3) The Secretary of State shall publish a direction under this section. | |
(4) Before giving a direction under this section the Secretary of State shall consider | |
any representations made to him by the Scottish Ministers on the matter of | |
targets for policing the railways in Scotland. | |
51 Performance directions | 5 |
(1) The Secretary of State may give a direction to the Authority containing | |
provision of a kind which he could make in respect of a best value authority— | |
(a) by order under section 4 of the Local Government Act 1999 (c. 27) | |
(performance indicators and standards), or | |
(b) in guidance under section 5(6) of that Act (performance targets and | 10 |
plans of action). | |
(2) The Secretary of State shall publish a direction under this section. | |
(3) Before giving a direction the Secretary of State shall consult— | |
(a) the Authority, and | |
(b) any other person that he thinks appropriate. | 15 |
52 Three-year strategy plan | |
(1) The Authority shall before the beginning of each consecutive period of three | |
financial years issue a plan which sets out the authority’s medium-term and | |
long-term strategies for policing the railways during that period. | |
(2) For the purposes of this section— | 20 |
(a) subsections (2) to (12), (14) and (15) of section 6A of the Police Act 1996 | |
(c. 16) (three-year strategy plans) shall have effect (with any necessary | |
modification), and | |
(b) guidance and regulations made under that section shall, in the absence | |
of special provision, be taken to apply (with any necessary | 25 |
modification). | |
(3) In the application of section 6A(5) and (10) of that Act to this section the | |
reference to the National Policing Plan shall be taken to include a reference to | |
any objective or performance target set under section 48 or 50 of this Act. | |
Information, &c. | 30 |
53 Reports by Chief Constable | |
(1) As soon as is reasonably practicable after the end of each financial year the | |
Chief Constable shall submit to the Authority a report about the policing of the | |
railways in that year. | |
(2) The Chief Constable shall publish a report submitted by him under subsection | 35 |
(1). | |
(3) The Authority may require the Chief Constable to submit a report on specified | |
matters connected with the performance of his functions. | |
(4) The Authority may publish, or require the Chief Constable to publish, a report | |
submitted under subsection (3). | 40 |
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(5) But if the Chief Constable thinks that publication of all or part of a report under | |
subsection (3) would be unnecessary, or undesirable for reasons of public | |
interest— | |
(a) he may require the Authority to refer to the Secretary of State the | |
question whether that report or part should be published, and | 5 |
(b) the report or part shall be published only if the Secretary of State directs | |
that it should be published. | |
54 Annual report by Authority | |
(1) As soon as is reasonably practicable after the end of each financial year the | |
Authority shall issue a report about the policing of the railways in that year. | 10 |
(2) The Authority’s report for a year must include an assessment of the extent to | |
which— | |
(a) the objectives set for the year under section 47 have been achieved, | |
(b) the arrangements set out in the railways policing plan for the year | |
under section 49 have been implemented, and | 15 |
(c) the strategies set out in the relevant three-year strategy plan under | |
section 52 have been implemented. | |
(3) The Authority shall— | |
(a) publish each report under this section, and | |
(b) send a copy of each report under this section to the Secretary of State. | 20 |
55 Other reports to Secretary of State | |
(1) The Secretary of State may by direction require the Authority to submit a | |
report on specified matters connected with the performance of its functions. | |
(2) The Secretary of State may by direction require the Chief Constable to submit | |
a report on specified matters connected with the performance of his functions. | 25 |
(3) The Authority or Chief Constable shall submit a report required by direction | |
under this section— | |
(a) in such form as may be specified in the direction, and | |
(b) within such period as may be specified in the direction. | |
(4) The Secretary of State may— | 30 |
(a) publish a report received under this section; | |
(b) require the author of the report to arrange for its publication. | |
56 Statistics | |
(1) The Secretary of State may require the Chief Constable to supply information | |
about matters relating to crime committed on or in connection with the | 35 |
railways. | |
(2) In particular, the Secretary of State may require information about— | |
(a) offences committed; | |
(b) offenders; | |
(c) criminal proceedings. | 40 |
(3) The Chief Constable shall supply information required under this section at | |
such times and in such form as the Secretary of State requires. | |
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(4) Where the Secretary of State receives information under this section he shall | |
lay it or a summary of it before Parliament. | |
57 Inquiry | |
(1) The Secretary of State may appoint a person to inquire into a matter connected | |
with the Police Force. | 5 |
(2) The Secretary of State may require a person appointed under this section to | |
conduct the inquiry in public or in private. | |
(3) A person appointed under this section may summon a person to attend at a | |
specified time and place— | |
(a) to give evidence; | 10 |
(b) to produce a document. | |
(4) Where the Secretary of State receives a report of an inquiry under this section | |
he shall, in so far as he thinks it in the public interest, publish a summary of the | |
report. | |
(5) In the application of this section to an inquiry held in Scotland subsection (3) | 15 |
shall have effect as if for “summon” there were substituted “cite”. | |
58 Inquiry: supplemental | |
(1) A person appointed under section 57 may— | |
(a) require evidence to be given on oath, and | |
(b) for that purpose, administer an oath. | 20 |
(2) A person appointed under section 57 may not require the production of a | |
document relating to the title of land which is not the property of the | |
Authority. | |
(3) A person commits an offence if without reasonable excuse he— | |
(a) fails to comply with a summons under section 57, or | 25 |
(b) obstructs or fails to co-operate with an inquiry under that section. | |
(4) A person has a reasonable excuse for failure to comply with a summons if he | |
is not offered payment of the reasonable costs of compliance. | |
(5) A person who is guilty of an offence under subsection (3) shall be liable on | |
summary conviction to— | 30 |
(a) a fine not exceeding level 3 on the standard scale, | |
(b) imprisonment for a term not exceeding 51 weeks, or | |
(c) both. | |
(6) The Secretary of State may direct the Authority to pay all or part of the costs | |
incurred by a person in connection with an inquiry under section 57. | 35 |
(7) A direction under subsection (6) may include provision for taxation of costs. | |
(8) In the application of this clause in relation to an inquiry held in Scotland | |
subsections (3) and (4) shall have effect as if for “summons” there were | |
substituted “citation”. | |
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