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General | |
69 Crown application | |
This Part applies in relation to property irrespective of whether it belongs to or | |
is used for the purposes of the Crown or a Duchy. | |
70 Consequential, transitional and incidental provision | 5 |
(1) Schedule 5 (amendments consequential on this Part) shall have effect. | |
(2) The Secretary of State may by order make consequential, transitional or | |
incidental provision, or savings, for the purpose of or in connection with a | |
provision of this Part. | |
(3) Transitional provision under subsection (2) may, in particular, make provision | 10 |
in connection with the abolition of the police force comprising constables | |
appointed under section 53 of the British Transport Commission Act 1949 (c. | |
xxix) (“the old transport police”); and that provision may include, in particular, | |
provision— | |
(a) for the transfer to the Authority of staff (including, but not limited to, | 15 |
constables) presently employed by the Strategic Rail Authority or by | |
another person in connection with the old transport police; | |
(b) for the transfer to the Authority of property held (whether by the | |
Strategic Rail Authority or by another person) for the purpose of or in | |
connection with the old transport police; | 20 |
(c) for the transfer to the Authority of rights and liabilities arising in | |
connection with the old transport police; | |
(d) for employment to be treated as continuous in the case of staff | |
transferred; | |
(e) for or in relation to the continuity (with or without modifications) of a | 25 |
scheme in respect of pensions, which may include a scheme having | |
effect under an instrument; | |
(f) for provision under paragraph (c) or (e) to be treated as having a | |
specified effect for the purposes of an enactment about pension | |
schemes; | 30 |
(g) for a pension scheme to have effect with specified modifications (which | |
may include the conferring of a discretionary function on the Secretary | |
of State) for the purpose of ensuring or enhancing consistency of | |
treatment in relation to— | |
(i) different classes of employee of the Authority, or | 35 |
(ii) schemes appertaining to different classes of employee of the | |
Authority; | |
(h) treating persons appointed to the old transport police as having been | |
appointed under this Part; | |
(i) for dealing with— | 40 |
(i) the termination of agreements made in respect of the old | |
transport police; | |
(ii) the treatment of rights and liabilities under agreements made in | |
respect of the old transport police by persons who enter into | |
police services agreements with the Authority (whether or not | 45 |
they are required to do so); | |
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(j) for the assignment or transfer (under paragraphs (a) to (c)) of property, | |
rights or liabilities that would not otherwise be capable of being | |
assigned or transferred; | |
(k) about the continuity of legal proceedings; | |
(l) to have effect in place of the provision relating to bankruptcy | 5 |
restrictions orders while the enactment conferring power to make those | |
orders has not come into force; | |
(m) in respect of the period (if any) between the coming into force of section | |
17 and the beginning of the first financial year of the Authority. | |
(4) An order under subsection (2) may amend an enactment or instrument. | 10 |
71 Regulations and orders | |
(1) An order or regulations under this Part— | |
(a) may make provision which applies generally or only in specified cases | |
or circumstances, | |
(b) may make different provision for different cases or circumstances, and | 15 |
(c) may make transitional, consequential or incidental provision. | |
(2) An order or regulations made by the Secretary of State under this Part shall be | |
made by statutory instrument. | |
(3) The following shall not be made unless a draft has been laid before and | |
approved by resolution of each House of Parliament— | 20 |
(a) an order under section 70(2) which amends an enactment or | |
instrument, | |
(b) an order under section 70(2) which is made by virtue of section 70(3), | |
and | |
(c) an order under paragraph 24(2) of Schedule 4. | 25 |
(4) An order under paragraph 1(2) of Schedule 4 shall be laid before Parliament. | |
(5) Any other order or regulations made by the Secretary of State under this Part | |
shall be subject to annulment in pursuance of a resolution of either House of | |
Parliament. | |
72 Interpretation | 30 |
(1) For the purposes of this Part (including, except where the context requires | |
otherwise, subsections (2) to (5) below) “railway” means— | |
(a) a railway within the meaning given by section 67(1) of the Transport | |
and Works Act 1992 (c. 42) (interpretation), and | |
(b) a tramway within the meaning given by that section. | 35 |
(2) For the purposes of this Part “railway services” means the management or | |
control, or participation in the management or control, of all or any part or | |
aspect of a railway or railway property. | |
(3) For the purposes of this Part “railway property” means— | |
(a) a track, | 40 |
(b) a network, | |
(c) a station, | |
(d) a light maintenance depot, | |
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(e) a railway vehicle on a network or tramway, | |
(f) rolling stock on a network or tramway, | |
(g) a train used on a network, and | |
(h) a vehicle used on a tramway. | |
(4) For the purposes of this Part (including subsections (1)(b) and (3) above) | 5 |
“tramway” has the meaning given by section 67(1) of the Transport and Works | |
Act 1992 (c. 42). | |
(5) For the purposes of this Part the following expressions have the meaning given | |
by section 82 or 83 of the Railways Act 1993 (c. 43) (interpretation) (or, where | |
appropriate, an equivalent meaning in relation to a tramway)— | 10 |
(a) light maintenance depot, | |
(b) network, | |
(c) railway vehicle, | |
(d) rolling stock, | |
(e) station, | 15 |
(f) track, and | |
(g) train. | |
(6) In this Part unless the context requires otherwise a reference to a constable of | |
the Police Force includes a reference to a constable of any rank. | |
(7) In this Part a reference to the National Policing Plan is a reference to the plan | 20 |
provided for in section 36A of the Police Act 1996 (c. 16). | |
(8) This section is subject to section 74(2). | |
73 Index of defined expressions | |
The following expressions are defined for the purposes of this Part by the | |
provisions specified. | 25 |
| Expression | Provision | | | | The Authority | Section 17 | | | | British Transport Police Federation | Section 37 | | | | The Chief Constable | Section 20 | | | | Constable | Sections 24(5) and 72 | | 30 | | Light maintenance depot | Section 72 | | | | National Policing Plan | Section 72 | | | | Network | Section 72 | | | | Police services agreement | Section 31 | | | | The Police Force | Section 19 | | 35 | | Railway | Section 72 | | | | Railway services | Section 72 | | | | Rolling stock | Section 72 | | |
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| Expression | Provision | | | | Station | Section 72 | | | | Track | Section 72 | | | | Train | Section 72 | | | | Tramway | Section 72 | | 5 |
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74 Extent | |
(1) This Part shall extend only to— | |
(a) England and Wales, and | |
(b) Scotland. | |
(2) In the application of this Part in relation to Scotland any reference to a tramway | 10 |
shall be disregarded. | |
Part 4 | |
Shipping: Alcohol and Drugs | |
Offences | |
75 Professional staff on duty | 15 |
(1) This section applies to— | |
(a) a professional master of a ship, | |
(b) a professional pilot of a ship, and | |
(c) a professional seaman in a ship while on duty. | |
(2) A person to whom this section applies commits an offence if his ability to carry | 20 |
out his duties is impaired because of drink or drugs. | |
(3) A person to whom this section applies commits an offence if the proportion of | |
alcohol in his breath, blood or urine exceeds the prescribed limit. | |
(4) For the purposes of this section a master, pilot or seaman is professional if (and | |
only if) he acts as master, pilot or seaman in the course of a business or | 25 |
employment. | |
(5) Where a person is charged with an offence under this section in respect of the | |
effect of a drug on his ability to carry out duties on a fishing vessel, it is a | |
defence for him to show that— | |
(a) he took the drug for a medicinal purpose on, and in accordance with, | 30 |
medical advice, or | |
(b) he took the drug for a medicinal purpose and had no reason to believe | |
that it would impair his ability to carry out his duties. | |
76 Professional staff off duty | |
(1) This section applies to a professional seaman in a ship at a time when— | 35 |
(a) he is not on duty, but | |
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(b) in the event of an emergency he would or might be required by the | |
nature or terms of his engagement or employment to take action to | |
protect the safety of passengers. | |
(2) A person to whom this section applies commits an offence if his ability to take | |
the action mentioned in subsection (1)(b) is impaired because of drink or drugs. | 5 |
(3) A person to whom this section applies commits an offence if the proportion of | |
alcohol in his breath, blood or urine exceeds the prescribed limit. | |
(4) For the purposes of this section a seaman is professional if (and only if) he acts | |
as seaman in the course of a business or employment. | |
77 Non-professionals | 10 |
(1) This section applies to a person who— | |
(a) is on board a ship which is under way, | |
(b) is exercising, or purporting or attempting to exercise, a function in | |
connection with the navigation of the ship, and | |
(c) is not a person to whom section 75 or 76 applies. | 15 |
(2) A person to whom this section applies commits an offence if his ability to | |
exercise the function mentioned in subsection (1)(b) is impaired because of | |
drink or drugs. | |
(3) A person to whom this section applies commits an offence if the proportion of | |
alcohol in his breath, blood or urine exceeds the prescribed limit. | 20 |
(4) The Secretary of State may make regulations providing for subsection (3) not | |
to apply in specified circumstances. | |
(5) Regulations under subsection (4) may make provision by reference, in | |
particular— | |
(a) to the power of a motor; | 25 |
(b) to the size of a ship; | |
(c) to location. | |
78 Prescribed limit | |
(1) The prescribed limit of alcohol for the purposes of this Part is— | |
(a) in the case of breath, 35 microgrammes of alcohol in 100 millilitres, | 30 |
(b) in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and | |
(c) in the case of urine, 107 milligrammes of alcohol in 100 millilitres. | |
(2) The Secretary of State may make regulations amending subsection (1). | |
Enforcement | |
79 Penalty | 35 |
A person guilty of an offence under this Part shall be liable— | |
(a) on conviction on indictment, to imprisonment for a term not exceeding | |
two years, to a fine or to both, or | |
(b) on summary conviction, to a fine not exceeding the statutory | |
maximum. | 40 |
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