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59 Public consultation | |
(1) The Authority shall make, and review from time to time, arrangements to | |
obtain the opinions about the policing of the railways of— | |
(a) passengers on the railways, | |
(b) groups of persons representing passengers on the railways, | 5 |
(c) persons providing railway services, | |
(d) organisations representing persons providing railway services, | |
(e) the Scottish Ministers, | |
(f) the National Assembly for Wales, | |
(g) organisations representing local authorities in England, | 10 |
(h) the Strategic Rail Authority, | |
(i) the Office of Rail Regulation, | |
(j) the Rail Accident Investigation Branch, | |
(k) the Health and Safety Commission, | |
(l) the Health and Safety Executive, and | 15 |
(m) other persons with an interest in the railways whom the Authority | |
thinks it appropriate to consult. | |
(2) The Authority shall make, and review from time to time, arrangements to | |
invite the co-operation of the persons listed in subsection (1) in preventing | |
crime on the railways. | 20 |
(3) Before making or reviewing arrangements under this section the Authority | |
shall— | |
(a) consult the Chief Constable, and | |
(b) have regard to any guidance issued by the Secretary of State. | |
(4) The Secretary of State may— | 25 |
(a) issue guidance about arrangements under this section; | |
(b) require the Authority to report to him on arrangements under this | |
section; | |
(c) require the Authority to review arrangements under this section. | |
Inspection | 30 |
60 Inspection | |
(1) Her Majesty’s Inspectors of Constabulary shall inspect the Police Force from | |
time to time. | |
(2) Her Majesty’s Inspectors of Constabulary shall also inspect the Police Force if | |
requested by the Secretary of State to inspect the force— | 35 |
(a) generally, or | |
(b) in respect of a particular matter. | |
(3) Following an inspection the inspectors shall report to the Secretary of State on | |
the efficiency and effectiveness of the force— | |
(a) generally, or | 40 |
(b) in the case of an inspection under subsection (2)(b), in respect of the | |
matters to which the inspection related. | |
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(4) A report under subsection (3) must be in such form as the Secretary of State | |
may direct. | |
(5) Where the Secretary of State receives a report under subsection (3) he shall | |
publish it. | |
(6) Section 55 of the Police Act 1996 (c. 16) (inspection reports: publication and | 5 |
comment) shall have effect, with any necessary modifications, in relation to a | |
report of an inspection under this section. | |
(7) The Authority shall pay to the Secretary of State such amounts as the Secretary | |
of State may specify in respect of an inspection carried out under this section. | |
(8) In the application of this section in relation to Scotland— | 10 |
(a) a reference to Her Majesty’s Inspectors of Constabulary shall be treated | |
as a reference to inspectors of constabulary appointed under section | |
33(1) of the Police (Scotland) Act 1967 (c. 77), and | |
(b) where an inspection under this section is carried out by inspectors so | |
appointed the references to the Secretary of State in subsection (7) shall | 15 |
be treated as references to the Scottish Ministers. | |
61 Action after adverse inspection report | |
(1) Sections 62 and 63 apply where a report of Her Majesty’s Inspectors of | |
Constabulary states that the Police Force is inefficient or ineffective— | |
(a) generally, or | 20 |
(b) in a specified respect. | |
(2) Sections 62 and 63 also apply where a report of Her Majesty’s Inspectors of | |
Constabulary states that the Police Force is likely, unless remedial measures | |
are taken, to become inefficient or ineffective— | |
(a) generally, or | 25 |
(b) in a specified respect. | |
(3) In the application of this section in relation to Scotland a reference to Her | |
Majesty’s Inspectors of Constabulary shall be treated as a reference to | |
inspectors of constabulary appointed under section 33(1) of the Police | |
(Scotland) Act 1967. | 30 |
62 Remedial direction | |
(1) Where this section applies as a result of a report the Secretary of State may by | |
direction require the Authority to take specified measures for the purpose of | |
remedying a deficiency identified in the report. | |
(2) Before giving a direction under this section the Secretary of State shall— | 35 |
(a) notify the Authority and the Chief Constable of his intention to give a | |
direction and the reasons for it, | |
(b) give the Chief Constable an opportunity to make representations, | |
(c) give the Authority an opportunity to make representations, and | |
(d) give the Authority an opportunity to propose action that would make | 40 |
it unnecessary for the Secretary of State to give a direction. | |
(3) Where the Secretary of State gives a direction under this section he shall lay | |
before Parliament— | |
(a) a copy of the direction, and | |
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(b) a report about it. | |
63 Action plan | |
(1) Where this section applies as a result of a report, the Secretary of State may by | |
direction require the Authority to submit to him a plan of action to be taken to | |
remedy a deficiency identified in the report. | 5 |
(2) A direction under this section may require a plan to include, in particular— | |
(a) performance targets; | |
(b) a timetable; | |
(c) proposals for assessment of achievement; | |
(d) proposals for reporting to the Secretary of State about progress. | 10 |
(3) A direction under this section must specify a period of between four and | |
twelve weeks within which the plan must be submitted. | |
(4) Before giving a direction under this section the Secretary of State shall— | |
(a) notify the Authority and the Chief Constable of his intention to give a | |
direction and the reasons for it, | 15 |
(b) give the Chief Constable an opportunity to make representations, | |
(c) give the Authority an opportunity to make representations, and | |
(d) give the Authority an opportunity to propose action that would make | |
it unnecessary for the Secretary of State to give a direction. | |
(5) Where the Secretary of State gives a direction under this section he shall notify | 20 |
the Chief Constable. | |
(6) As soon as is reasonably practicable after receiving a direction under this | |
section the Authority shall require the Chief Constable to submit a draft plan | |
of action. | |
(7) Before submitting to the Secretary of State a plan which differs from the Chief | 25 |
Constable’s draft the Authority shall consult him. | |
(8) Where the Secretary of State gives a direction under this section he shall lay | |
before Parliament— | |
(a) a copy of the direction, and | |
(b) a report about it. | 30 |
(9) If the Secretary of State thinks that a plan of action submitted by the Authority | |
under this section is inadequate, he may— | |
(a) inform the Authority of his opinion and the reasons for it, and | |
(b) give a new direction under this section. | |
64 Senior appointment: delegation of function | 35 |
The Secretary of State may delegate to the chief inspector of constabulary | |
appointed under section 54 of the Police Act 1996 (c. 16) or section 33 of the | |
Police (Scotland) Act 1967 (c. 77) the function of— | |
(a) approving an appointment under or by virtue of a provision of this | |
Part, or | 40 |
(b) giving consent under section 21(4) or 22(4). | |
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Miscellaneous | |
65 Offences | |
(1) Subsections (1) and (2) of section 89(1) and (2) of the Police Act 1996 (c. 16) | |
(assault on constable, &c.) shall apply in relation to a constable of the Police | |
Force as they apply in relation to other constables in England and Wales. | 5 |
(2) Section 90 of that Act (impersonation of constable) shall apply as if— | |
(a) a reference to a member of a police force included a reference to a | |
constable of the Police Force, and | |
(b) a reference to a special constable appointed for a police area included a | |
reference to a special constable of the Police Force. | 10 |
(3) In their application in relation to the Police Force by virtue of this section, | |
sections 89 and 90 of that Act shall have effect throughout England and Wales | |
and Scotland. | |
66 Part III of the Road Traffic Offenders Act 1988 (c. 53) | |
(1) Part III of Road Traffic Offenders Act 1988 (fixed penalties) shall be amended | 15 |
as follows. | |
(2) In section 75 (conditional offers in Scotland) after subsection (3) insert— | |
“(3A) Where a constable is a constable of the British Transport Police Force | |
subsection (3) shall have effect as if the reference to the chief constable | |
were a reference to the chief constable of that force.” | 20 |
(3) In section 76(2)(b) (limitation on proceedings) after “constable” insert “or, as | |
the case may be, the chief constable of the British Transport Police Force”. | |
67 International assistance | |
(1) The Authority may provide advice or assistance, or arrange for the Police Force | |
to provide advice or assistance, to a body which has responsibilities in relation | 25 |
to the policing of a railway outside Great Britain. | |
(2) Advice or assistance under subsection (1)— | |
(a) may, in particular, involve the secondment of an employee, | |
(b) may be provided on terms or conditions (whether as to payment or | |
otherwise), and | 30 |
(c) may not involve the provision of financial assistance (whether or not by | |
way of investment). | |
(3) The power under subsection (1) may be exercised only with the consent of the | |
Secretary of State (which may be general or specific and conditional or | |
unconditional). | 35 |
68 Exercise of functions by Secretary of State | |
The Secretary of State shall exercise his functions in relation to the Authority | |
under this Part for the purpose of promoting the efficiency and effectiveness of | |
the Police Force. | |
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