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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

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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

 

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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—

 

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     (a)    a constable in uniform reasonably

 
   

suspects that the person is

 
   

committing an offence under section

 
   

90, or

 
   

     (b)    a constable in uniform reasonably

 

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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—

 

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     (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

 

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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

 

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treated as a reference to an offence under

 
   

section 89 of this Act.

 
 

Section 7A

Specimen of blood

  
  

taken from person

  
  

incapable of

  

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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

 

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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

 

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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

 

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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

 

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under section 89 or 90 of this Act.

 
 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

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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.

 

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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

 

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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

 

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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

 

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an aviation function or an activity ancillary to

 
   

an aviation function.

 
 

Section 16

Documentary

  
  

evidence

  
 

     (2)    The Secretary of State may by regulations amend the table in subsection (1) so

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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).

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     (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.

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 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

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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.

 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

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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),

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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

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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.

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     (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

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 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.

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     (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

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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.

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     (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—

 

 

Railways and Transport Safety Bill
Part 6 — Miscellaneous

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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),

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           (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

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     (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.

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     (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

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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;

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           (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

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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.

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     (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

 

 

Railways and Transport Safety Bill
Part 6 — Miscellaneous

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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

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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

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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

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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

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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).

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           (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;

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                  (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

 

 

Railways and Transport Safety Bill
Part 6 — Miscellaneous

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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

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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);

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                  (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;

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                  (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.

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           (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

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“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

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           (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

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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.

 

 

Railways and Transport Safety Bill
Part 6 — Miscellaneous

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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

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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;

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                  (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

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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

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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;

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                  (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

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                  (e)                 shall be subject to annulment in pursuance of resolution of

either House of Parliament.”

 

 

 
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