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2 commencement, have effect as if done by or in relation to the Office of Rail | |
Regulation. | |
3 Anything (including any legal proceedings) which at commencement is in | |
the process of being done by or in relation to the Rail Regulator may be | |
continued by or in relation to the Office of Rail Regulation. | 5 |
4 A reference in any enactment, instrument or other document to the Rail | |
Regulator shall, so far as necessary or appropriate in consequence of section | |
15, be treated after commencement as a reference to the Office of Rail | |
Regulation. | |
5 (1) Section 15 is without prejudice to any personal right or liability of any | 10 |
person who held the office of the Rail Regulator. | |
(2) In particular, the Secretary of State may continue to make payments in | |
accordance with arrangements made before commencement for or in respect | |
of a pension for a person who held the office of the Rail Regulator. | |
(3) The Secretary of State may pay compensation to the last person who held the | 15 |
office of the Rail Regulator. | |
6 Section 15 is without prejudice to any function, property, right or liability of | |
the International Rail Regulator. | |
7 In this Schedule “commencement” means the coming into force of section 15. | |
Schedule 4 | 20 |
Section 17 | |
British Transport Police Authority | |
Part 1 | |
Membership | |
Appointment | |
1 (1) The Secretary of State— | 25 |
(a) shall appoint the members of the Authority, and | |
(b) shall ensure that the number of members is an odd number neither | |
lower than 11 nor higher than 17. | |
(2) The Secretary of State may by order amend sub-paragraph (1)(b) so as to | |
substitute a different number for a number specified. | 30 |
(3) An order under sub-paragraph (2) may not be made unless the Secretary of | |
State has consulted the Authority. | |
2 (1) The Secretary of State shall so far as is reasonably practicable ensure that the | |
membership of the Authority includes— | |
(a) at least four persons who have knowledge of and experience in | 35 |
relation to the interests of persons travelling by railway, | |
(b) at least four persons who have knowledge of and experience in | |
relation to the interests of persons providing railway services, | |
(c) a person nominated by the Strategic Rail Authority, | |
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(d) a person who has knowledge of the interests of persons in Scotland | |
and who is appointed following consultation with the Scottish | |
Ministers, | |
(e) a person who has knowledge of the interests of persons in Wales and | |
who is appointed following consultation with the National | 5 |
Assembly for Wales, and | |
(f) a person who has knowledge of the interests of persons in England. | |
(2) A person may be appointed so as to satisfy, or to contribute to satisfying, | |
more than one paragraph of sub-paragraph (1). | |
(3) In appointing members of the Authority the Secretary of State shall have | 10 |
regard to the desirability of appointing persons who have experience of and | |
have shown capacity in relation to matters relevant to the policing of the | |
railways. | |
Tenure | |
3 (1) A member of the Authority shall hold and vacate office in accordance with | 15 |
the terms of his appointment (subject to the provisions of this Schedule). | |
(2) A member of the Authority may resign by notice to the Secretary of State, | |
which must be— | |
(a) in writing, and | |
(b) copied to the Authority. | 20 |
(3) The Secretary of State may dismiss a member of the Authority if— | |
(a) he is absent from meetings of the Authority during a period of more | |
than three months without permission of the Authority, | |
(b) he is convicted of an offence, or | |
(c) the Secretary of State thinks that the member is unable, unfit or | 25 |
unwilling to perform his functions as a member (whether because of | |
illness or otherwise). | |
Chairman and deputy chairman | |
4 (1) The Secretary of State shall appoint a member of the Authority as its | |
chairman. | 30 |
(2) The chairman shall perform such functions as may be assigned to him by the | |
Secretary of State. | |
5 (1) The Secretary of State may appoint a member of the Authority as its deputy | |
chairman. | |
(2) The deputy chairman— | 35 |
(a) may act for the chairman when he is unable to act or unavailable, and | |
(b) shall perform such other functions as may be assigned or delegated | |
to him by the chairman. | |
6 The Secretary of State may not appoint as chairman or deputy chairman of | |
the Authority a member who— | 40 |
(a) is an officer or employee of a body which is required to enter into a | |
police services agreement, or | |
(b) was nominated for membership by the Strategic Rail Authority. | |
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Disqualification | |
7 (1) A person under the age of 21 shall not be eligible for appointment as a | |
member of the Authority. | |
(2) A person shall not be eligible for appointment as a member of the Authority | |
while he— | 5 |
(a) is an officer or employee of the Authority, | |
(b) is a constable, | |
(c) is an officer or employee of a police authority within the meaning of | |
section 101 of the Police Act 1996 (c. 16) (interpretation), or | |
(d) is an officer or employee of a police authority within the meaning of | 10 |
section 50 of the Police (Scotland) Act 1967 (c. 77) (interpretation). | |
(3) A person shall not be eligible for appointment as a member of the Authority | |
if he is the subject of— | |
(a) a bankruptcy restrictions order (or interim order), | |
(b) a disqualification order under the Company Directors | 15 |
Disqualification Act 1986 (c. 46) or under Part II of the Companies | |
(Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I. 18)), or | |
(c) an order under section 429(2)(b) of the Insolvency Act 1986 (c. 45) | |
(disability imposed on revoking administration order under County | |
Courts Act 1984). | 20 |
(4) A person shall not be eligible for appointment as a member of the Authority | |
if his estate has been sequestrated in Scotland or if, under Scots law, he has | |
made a composition or arrangement with, or granted a trust deed for, his | |
creditors. | |
(5) If a person is convicted of an offence for which he is sentenced to | 25 |
imprisonment for a term of at least three months, he shall not be eligible for | |
appointment as a member of the Authority during the period of five years | |
beginning with the date of the conviction. | |
8 If a member of the Authority becomes ineligible for appointment his | |
membership shall lapse. | 30 |
Part 2 | |
Proceedings | |
Standards of conduct | |
9 (1) The Authority shall make a code of practice establishing standards for the | |
conduct of members. | 35 |
(2) The code of practice must make provision similar to that of the model code | |
issued by the Secretary of State under section 50 of the Local Government | |
Act 2000 (c. 22) (local government: conduct). | |
(3) Before making the code of practice the Authority shall— | |
(a) submit a draft to the Secretary of State, and | 40 |
(b) obtain his approval of it. | |
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Staff | |
10 The Authority may— | |
(a) appoint staff; | |
(b) delegate a function to staff. | |
11 In particular, the Authority shall appoint— | 5 |
(a) a Treasurer with responsibility for ensuring the proper management | |
of the Authority’s finances, and | |
(b) a clerk with responsibilities, assigned by the Authority, similar to | |
those of the head of a local authority’s paid service under section 4 of | |
the Local Government and Housing Act 1989 (c. 42). | 10 |
Committees | |
12 The Authority may— | |
(a) establish a committee (which may include persons who are not | |
members of the Authority); | |
(b) delegate a function to a committee established under paragraph (a). | 15 |
Procedure | |
13 The Authority shall determine its practice and procedure (subject to the | |
provisions of this Schedule). | |
14 (1) The Authority shall conduct its proceedings in public. | |
(2) The Authority— | 20 |
(a) may disapply sub-paragraph (1) in respect of proceedings which the | |
Authority thinks should be conducted in private, and | |
(b) may exclude a specified person from proceedings. | |
Validity of proceedings | |
15 The validity of proceedings of the Authority shall not be affected by— | 25 |
(a) a vacancy in the membership, | |
(b) a vacancy in the office of chairman, | |
(c) a defect in the appointment of a member, of the chairman or of the | |
deputy chairman, or | |
(d) the participation of a person whose membership has lapsed. | 30 |
Part 3 | |
Money and property | |
The British Transport Police Fund | |
16 The Authority shall establish a fund to be known as the British Transport | |
Police Fund. | 35 |
17 The Authority shall— | |
(a) maintain accounts of the British Transport Police Fund, and | |
(b) make arrangements to have the accounts for each financial year | |
audited. | |
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18 All expenditure of the Authority shall be made by way of payment out of the | |
British Transport Police Fund. | |
Budget | |
19 (1) The Authority shall before each financial year set a budget of expected | |
expenditure and income for the year. | 5 |
(2) Before setting a budget the Authority shall consult— | |
(a) the Treasurer, and | |
(b) the Chief Constable. | |
(3) A budget must be set by a decision taken— | |
(a) by majority vote at a meeting of the Authority, | 10 |
(b) with at least half of the members of the Authority voting in favour, | |
and | |
(c) with at least half of the members who vote being neither officers of | |
nor employed by a person who has entered into, or is required to | |
enter into, a police services agreement. | 15 |
(4) If the Authority has not immediately before a financial year complied with | |
sub-paragraph (1) the Secretary of State may set a budget for the Authority | |
for the year. | |
(5) Before setting a budget under sub-paragraph (4) the Secretary of State shall | |
consult— | 20 |
(a) each member of the Authority, | |
(b) the Treasurer, and | |
(c) the Chief Constable. | |
20 The Authority shall make an estimate of the likely ratio of customers’ | |
contributions in accordance with section 31(4)(b)— | 25 |
(a) before and in relation to each consecutive period of five financial | |
years, and | |
(b) at such other times and in relation to such other periods as the | |
Authority think appropriate. | |
Members: remuneration, allowances, &c. | 30 |
21 (1) The Authority shall publish arrangements for the making of payments to or | |
in respect of members or former members whether by way of or in respect | |
of— | |
(a) remuneration, | |
(b) allowances, | 35 |
(c) expenses, | |
(d) compensation, or | |
(e) gratuity. | |
(2) The first arrangements published under this paragraph shall come into | |
force— | 40 |
(a) on being made, or | |
(b) at such later time as they may specify. | |
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(3) Subsequent arrangements published under this paragraph shall come into | |
force at the end of the period of 12 months beginning with the date of | |
publication. | |
(4) Arrangements under this paragraph may not be made without the consent | |
of the Secretary of State. | 5 |
(5) Arrangements under this paragraph shall, in particular, provide that | |
compensation may be paid by the Authority to a person who ceases to be a | |
member only if the Secretary of State thinks it appropriate because of special | |
circumstances. | |
(6) The Authority may make payments in accordance with arrangements | 10 |
published under this paragraph. | |
General staff: remuneration, allowances, &c. | |
22 (1) The Authority may make payments to or in respect of staff or former staff | |
whether by way of or in respect of— | |
(a) remuneration, | 15 |
(b) allowances, | |
(c) expenses, | |
(d) compensation, or | |
(e) gratuity. | |
(2) In this paragraph “staff” does not include a constable, cadet or civilian | 20 |
employee of the Police Force. | |
Constables, &c.: remuneration, allowances, &c. | |
23 (1) The Authority may make payments to or in respect of a person who is or has | |
been a constable, cadet or civilian employee of the Police Force— | |
(a) in accordance with the terms of the person’s appointment, and | 25 |
(b) subject to any provision made by or under this Act. | |
(2) The Authority may make payments to or for a person who is or has been a | |
constable of the Police Force in respect of proceedings brought against the | |
person in relation to anything done or not done in the course of or in | |
connection with his duties. | 30 |
(3) The Authority may on the recommendation of the Chief Constable make a | |
payment to a constable or cadet by way of reward for— | |
(a) exceptional diligence, or | |
(b) other specially meritorious conduct. | |
Pensions | 35 |
24 (1) This paragraph applies in relation to any pension scheme which— | |
(a) had effect before the commencement of this Schedule principally or | |
exclusively for the benefit of constables of the old transport police | |
(within the meaning of section 70(3)), and | |
(b) has effect after the commencement of this Schedule (whether or not | 40 |
wholly or partly by virtue of an order under that section) principally | |
or exclusively for the benefit of constables of the Police Force. | |
(2) The Secretary of State may by order vary— | |
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(a) the terms of the scheme; | |
(b) arrangements relating to the operation of the scheme. | |
(3) An order under sub-paragraph (2) may, in particular— | |
(a) amend an instrument under which a scheme has effect; | |
(b) amend an instrument regulating a scheme; | 5 |
(c) make provision about the manner in which a scheme can be | |
amended; | |
(d) make provision about the exercise of functions under a scheme; | |
(e) confer a function (which may include a discretionary function) on | |
the Secretary of State. | 10 |
(4) An order under sub-paragraph (2) may not— | |
(a) make provision about— | |
(i) the persons who may participate in a scheme, | |
(ii) contributions by participants, | |
(iii) contributions by employers of participants, | 15 |
(iv) the investment of assets, or | |
(v) the winding up of all or part of the scheme, | |
(b) prevent approval of a scheme under Chapter I of Part XIV of the | |
Income and Corporation Taxes Act 1988 (c. 1) (retirement benefit | |
schemes), or | 20 |
(c) prevent a scheme from being a contracted-out scheme for the | |
purposes of Part III of the Pension Schemes Act 1993 (c. 48) or of the | |
Pension Schemes (Northern Ireland) Act 1993 (c. 49). | |
(5) Section 67(2) to (4) of the Pensions Act 1995 (c. 26) (restriction on power to | |
alter pension scheme) shall apply to the power conferred by sub-paragraph | 25 |
(2) (except in so far as may be prescribed under section 67(5)(b) of that Act). | |
(6) Provision made under sub-paragraph (2) shall have effect only in so far as it | |
is consistent with provision made under Schedule 11 to the Railways Act | |
1993 (c. 43). | |
(7) An order under sub-paragraph (2) may not be made unless the Secretary of | 30 |
State has consulted the trustees of any scheme to which the order relates. | |
25 (1) The Authority may with the consent of the Secretary of State arrange for the | |
establishment of a pension scheme for the benefit of members or staff. | |
(2) A scheme established under sub-paragraph (1) may confer a function (which | |
may include a discretionary function) on the Secretary of State. | 35 |
(3) In this paragraph “staff” includes a constable, cadet or civilian employee of | |
the Police Force. | |
26 The Authority may make payments— | |
(a) under a scheme in relation to which paragraph 24 applies; | |
(b) under a scheme which continues to have effect by virtue of or in | 40 |
accordance with an order under section 70(3); | |
(c) under a scheme which is established under paragraph 25; | |
(d) otherwise in respect of pensions for members, former members, staff | |
or former staff. | |
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