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93 Specimens, &c. | |
(1) The provisions specified in the first column of the table below, with the | |
modifications specified in the third column and any other necessary | |
modifications, shall have effect in relation to an offence under this Part. | |
| | Provision | Description | Modification | | 5 | | | Road Traffic Act | | | | | | | 1988 (c. 52) | | | | | | | Section 6 | Preliminary breath | In place of subsections (1) and (2), the power | | | | | | tests | to require the provision of a specimen shall | | | | | | | apply where— | | 10 | | | | | (a) a constable in uniform reasonably | | | | | | | suspects that the person is | | | | | | | committing an offence under section | | | | | | | 90, or | | | | | | | (b) a constable in uniform reasonably | | 15 | | | | | suspects that the person has | | | | | | | committed an offence under section | | | | | | | 90 and still has alcohol in his body. | | | | | | | In place of subsection (3), a person may be | | | | | | | required to provide a specimen either— | | 20 | | | | | (a) at or near the place where the | | | | | | | requirement is made, or | | | | | | | (b) at a police station specified by the | | | | | | | constable. | | | | | Section 7 | Provision of | In subsection (1) the reference to an offence | | 25 | | | | specimen | under section 3A, 4 or 5 of the 1988 Act shall | | | | | | | be treated as a reference to an offence under | | | | | | | section 89 or 90 of this Act. | | | | | | | In subsection (3)(c) the reference to an offence | | | | | | | under section 3A or 4 of the 1988 Act shall be | | 30 | | | | | treated as a reference to an offence under | | | | | | | section 89 of this Act. | | | | | Section 7A | Specimen of blood | | | | | | | taken from person | | | | | | | incapable of | | | 35 | | | | consenting | | | | | | Section 8 | Choice of specimen | In subsection (2) the reference to 50 | | | | | | of breath | microgrammes of alcohol shall, except in | | | | | | | relation to the aviation function specified in | | | | | | | section 91(1)(h), be treated as a reference to | | 40 | | | | | 15 microgrammes of alcohol. | | | | | Section 9 | Protection for | | | | | | | hospital patient | | | | | | Section 10 | Detention of person | In subsection (1)— | | | | | | affected by alcohol | (a) the reference to driving or | | 45 | | | | or drug | attempting to drive a mechanically | | | | | | | propelled vehicle on a road shall be | | | | | | | treated as a reference to performing | | | | | | | an aviation function of the kind in | | | | | | | respect of which the requirement to | | 50 | | | | | provide a specimen was imposed, | | | | | | | and | | | | | | | (b) the reference to an offence under | | | | | | | section 4 or 5 of the 1988 Act shall be | | | | | | | treated as a reference to an offence | | 55 | | | | | under section 89 or 90 of this Act. | | |
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| | Provision | Description | Modification | | | | | | | In subsection (2) the reference to driving a | | | | | | | mechanically propelled vehicle shall be | | | | | | | treated as a reference to performing an | | | | | | | aviation function. | | 5 | | | | | In subsection (3) the reference to driving | | | | | | | properly shall be treated as a reference to | | | | | | | performing an aviation function. | | | | | Section 11 | Interpretation | For the definition of “the prescribed limit” | | | | | | | there shall be substituted the definition given | | 10 | | | | | in this Part (and the definition of “drug” shall | | | | | | | be disregarded). | | | | | Road Traffic | | | | | | | Offenders Act | | | | | | | 1988 (c. 53) | | | | 15 | | | Section 15 | Use of specimens | In subsection (1), the reference to an offence | | | | | | | under section 3A, 4 or 5 of the Road Traffic | | | | | | | Act 1988 shall be treated as a reference to an | | | | | | | offence under section 89 or 90 of this Act. | | | | | | | The relevant time for the consumption of | | 20 | | | | | alcohol for the purpose of subsection (3)(a) | | | | | | | shall be before providing the specimen and | | | | | | | after the time of the alleged offence. | | | | | | | In subsection (3)(b) the reference to driving | | | | | | | shall be treated as a reference to undertaking | | 25 | | | | | an aviation function or an activity ancillary to | | | | | | | an aviation function. | | | | | Section 16 | Documentary | | | | | | | evidence | | | |
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(2) The Secretary of State may by regulations amend the table in subsection (1) so | 30 |
as— | |
(a) to add a provision relating to an offence which concerns alcohol or | |
drugs in relation to road traffic; | |
(b) to add, remove or amend a modification (whether or not in connection | |
with an amendment of a provision specified in the table). | 35 |
(3) For the purpose of the application by subsection (1) of a provision listed in the | |
table in that subsection— | |
(a) the provision shall extend to the whole of the United Kingdom, and | |
(b) a reference to the provision shall be treated, unless the context | |
otherwise requires, as including a reference to the provision as applied. | 40 |
94 Arrest without warrant | |
(1) A constable may arrest a person without a warrant if the constable reasonably | |
suspects that the person— | |
(a) is committing an offence under section 89, or | |
(b) has committed an offence under that section and is still under the | 45 |
influence of drink or drugs. | |
(2) But a person may not be arrested under this section while he is at a hospital as | |
a patient. | |
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(3) In subsection (2) “hospital” means an institution which provides medical or | |
surgical treatment for in-patients or out-patients. | |
(4) Arrest under this section shall be treated as arrest for an offence for the | |
purposes of— | |
(a) Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention), | 5 |
and | |
(b) Part V of the Police and Criminal Evidence (Northern Ireland) Order | |
1989 (S.I. 1989/1341 (N.I. 12)) (detention). | |
95 Right of entry | |
(1) A constable in uniform may board an aircraft if he reasonably suspects that he | 10 |
may wish to exercise a power by virtue of section 93 or under section 94 in | |
respect of a person who is or may be on the aircraft. | |
(2) A constable in uniform may enter any place if he reasonably suspects that he | |
may wish to exercise a power by virtue of section 93 or under section 94 in | |
respect of a person who is or may be in that place. | 15 |
(3) For the purposes of boarding an aircraft or entering a place under this section | |
a constable— | |
(a) may use reasonable force; | |
(b) may be accompanied by one or more persons. | |
General | 20 |
96 Regulations | |
(1) Regulations under this Part may— | |
(a) make transitional, supplemental and incidental provision; | |
(b) make provision generally or for a specified purpose only; | |
(c) make different provision for different purposes. | 25 |
(2) Regulations under this Part— | |
(a) shall be made by statutory instrument, and | |
(b) may not be made unless a draft has been laid before and approved by | |
resolution of each House of Parliament. | |
(3) Before making regulations under section 90 or 91 the Secretary of State shall | 30 |
consult such organisations as he thinks appropriate. | |
97 Crown application | |
(1) This Part shall apply to a function or activity performed or carried out in | |
relation to an aircraft which belongs to or is employed in the service of the | |
Crown. | 35 |
(2) This section is subject to section 98. | |
98 Military application | |
(1) This Part shall not apply to a function or activity which is performed or carried | |
out— | |
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(a) in relation to a military aircraft, and | |
(b) by a person who at the time is subject to service law. | |
(2) For the purposes of this section— | |
(a) “military aircraft” has the meaning given by section 92(5) of the Civil | |
Aviation Act 1982 (c. 16) (application of criminal law to aircraft), | 5 |
(b) the power under that provision to certify that an aircraft is or is not a | |
military aircraft shall apply, and | |
(c) “service law” has the meaning given by section 225(1) of the Army Act | |
1955 (c. 18) (interpretation)). | |
99 Territorial application | 10 |
(1) This Part applies in relation to— | |
(a) a function or activity performed or carried out in the United Kingdom, | |
and | |
(b) a flight function performed or flight activity carried out on a United | |
Kingdom aircraft. | 15 |
(2) In subsection (1)— | |
“flight function” means a function falling within section 91(1)(a) to (f), | |
“flight activity” means an activity which for the purposes of this Part is | |
ancillary to a flight function, and | |
“United Kingdom aircraft” means an aircraft which is registered, in | 20 |
accordance with an enactment about aircraft, in the United Kingdom. | |
(3) Her Majesty may by Order in Council direct that a provision of this Part shall | |
apply (with or without modification)— | |
(a) to a function or activity performed or carried out in any of the Channel | |
Islands or a British overseas territory; | 25 |
(b) to a function performed or activity carried out on an aircraft which is | |
registered, in accordance with an enactment about aircraft, in any of the | |
Channel Islands or a British overseas territory. | |
(4) Section 95 shall not extend to Scotland. | |
(5) Subsection (4) does not affect any rule of law or enactment (including an | 30 |
enactment comprised in, or in an instrument made under, an Act of the Scottish | |
Parliament) concerning the right of a constable in Scotland to board an aircraft | |
or enter any place for any purpose. | |
Part 6 | |
Miscellaneous | 35 |
100 Convention on International Carriage by Rail | |
(1) The Secretary of State may make regulations for the purpose of giving effect to | |
the Convention concerning International Carriage by Rail signed at Berne on | |
9th May 1980 as set out in the Annex to the modifying Protocol signed at | |
Vilnius on 3rd June 1999. | 40 |
(2) Schedule 6 shall have effect (provision which may be made by regulations in | |
connection with that Convention made under subsection (1) above or under | |
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(2) section 2 of the European Communities Act 1972 (c. 68) (implementation of | |
Community obligations)). | |
(3) Regulations made under or by virtue of this section shall bind the Crown | |
except in so far as they provide to the contrary. | |
(4) Regulations made under this section shall be made by statutory instrument. | 5 |
(5) Regulations made under or by virtue of this section may not be made unless a | |
draft has been laid before and approved by resolution of each House of | |
Parliament. | |
(6) This section extends to the whole of the United Kingdom. | |
101 Office of Rail Regulation: general duties | 10 |
In section 4(5)(c) of the Railways Act 1993 (c. 43) (duty of the Office of Rail | |
Regulation (formerly the Regulator): duty to have regard to position of | |
Strategic Rail Authority) the words “under this Part” shall cease to have effect. | |
102 Railways safety levy | |
(1) The following shall be inserted after section 43 of the Health and Safety at | 15 |
Work etc. Act 1974 (c. 37) (financial provision)— | |
“43A Railway safety levy | |
(1) The Secretary of State may make regulations requiring persons who | |
provide railway services to pay railway safety levy. | |
(2) Railway safety levy shall be applied only for the purpose of meeting | 20 |
expenses incurred— | |
(a) in respect of activity undertaken by the Executive in reliance on | |
section 117 of the Railways Act 1993 (safety of railways, &c.), or | |
(b) in respect of activity undertaken by the Executive, under or by | |
virtue of any other enactment, in relation to a transport system | 25 |
to which that section applies. | |
(3) The railway safety levy shall not be used to meet— | |
(a) an expense in respect of which a fee is payable under | |
regulations made under section 43, or | |
(b) an expense in respect of a matter specified by the regulations for | 30 |
the purpose of this paragraph. | |
(4) Where an expense is incurred partly in respect of activity within | |
subsection (2)(a) or (b) and partly in respect of other activity, the | |
railway safety levy may be used to meet a part of that expense which is | |
reasonably referable to activity within subsection (2)(a) or (b). | 35 |
(5) Regulations under subsection (1) may, in particular, determine or | |
enable the Commission or the Executive to determine— | |
(a) the total amount of the railway safety levy to be imposed in | |
respect of a specified period; | |
(b) the persons by whom the levy is to be paid; | 40 |
(c) the criteria for assessing the proportion of the levy to be paid by | |
a particular person (which may, in particular, refer to the size of | |
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(c) a person’s income or provide for an amount to be reduced or | |
waived in specified circumstances); | |
(d) the periods in respect of which the levy is to be paid; | |
(e) the manner in which the levy is to be paid; | |
(f) the person to whom the levy is to be paid; | 5 |
(g) when the levy is to be paid. | |
(6) Regulations under subsection (1) may, in particular, enable the | |
Commission or the Executive— | |
(a) to require a person who provides railway services to supply | |
information for the purposes of the consideration of a matter | 10 |
specified in subsection (5); | |
(b) where information requested is not supplied, to make | |
assumptions; | |
(c) to revise a determination of a matter specified in subsection (5) | |
(whether before, during or after the period to which it relates); | 15 |
(d) to make refunds. | |
(7) Regulations by virtue of subsection (6)(a) may, in particular, make | |
provision— | |
(a) about the manner and timing of the supply of information; | |
(b) about certification of the accuracy of information supplied; | 20 |
(c) creating a criminal offence in connection with the supply of | |
inaccurate or misleading information (but not an offence | |
punishable with imprisonment). | |
(8) Regulations under subsection (1) may enable payment to be enforced | |
by civil proceeding. | 25 |
(9) For the purposes of this section a person provides railway services if he | |
manages or controls, or participates in managing or controlling, a | |
transport system to which section 117 of the Railways Act 1993 | |
applies.” | |
(2) In section 28(1)(a) of that Act (restriction on disclosure of information) after | 30 |
“27A above” insert “, by virtue of section 43A(6) below”. | |
103 Railway security services | |
The following shall be inserted after section 121 of the Railways Act 1993 (c. 43) | |
(security: inspection)— | |
“121A Railway security services: approved providers | 35 |
(1) In this section “railway security service” means a process or activity | |
carried out for the purpose of— | |
(a) complying with a requirement of an instruction under section | |
119, or | |
(b) facilitating a person’s compliance with a requirement of an | 40 |
instruction under section 119. | |
(2) Regulations may provide for the Secretary of State to maintain a list of | |
persons who are approved by him for the provision of a particular | |
railway security service. | |
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(3) The regulations may— | |
(a) prohibit the provision of a railway security service by a person | |
who is not listed in respect of that service; | |
(b) prohibit the use or engagement for the provision of a railway | |
security service of a person who is not listed in respect of that | 5 |
service; | |
(c) create a criminal offence; | |
(d) make provision about application for inclusion in the list | |
(including provision about fees); | |
(e) make provision about the duration and renewal of entries on | 10 |
the list (including provision about fees); | |
(f) make provision about training or qualifications which persons | |
who apply to be listed or who are listed are required to undergo | |
or possess; | |
(g) make provision about removal from the list which shall include | 15 |
provision for appeal; | |
(h) make provision about the inspection of activities carried out by | |
listed persons; | |
(i) confer functions on the Secretary of State or on a specified | |
person; | 20 |
(j) confer jurisdiction on a court. | |
(4) Regulations under subsection (3)(c)— | |
(a) may not provide for a penalty on summary conviction greater | |
than a fine not exceeding the statutory maximum, | |
(b) may not provide for a penalty of imprisonment on conviction | 25 |
on indictment greater than imprisonment for a term not | |
exceeding two years (whether or not accompanied by a fine), | |
and | |
(c) may create a criminal offence of purporting, with intent to | |
deceive, to do something as a listed person or of doing | 30 |
something, with intent to deceive, which purports to be done by | |
a listed person. | |
(5) An instruction under section 119 may— | |
(a) include a requirement to use a listed person for the provision of | |
a railway security service; | 35 |
(b) provide for all or part of the instruction not to apply or to apply | |
with modified effect where a listed person provides a railway | |
security service. | |
(6) Regulations under this section— | |
(a) may make different provision for different cases, | 40 |
(b) may include incidental, supplemental or transitional provision, | |
(c) shall be made by the Secretary of State by statutory instrument, | |
(d) shall not be made unless the Secretary of State has consulted | |
organisations appearing to him to represent persons affected by | |
the regulations, and | 45 |
(e) shall be subject to annulment in pursuance of resolution of | |
either House of Parliament.” | |
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