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Income | |
27 The Secretary of State may make a payment to the Authority— | |
(a) by way of grant (subject to such conditions, if any, as the Secretary of | |
State may specify), or | |
(b) by way of loan (on such terms, as to interest or otherwise, as the | 5 |
Secretary of State may specify). | |
28 The Authority may accept money or other property, by way of grant, loan or | |
otherwise, from any person (whether or not subject to conditions or terms). | |
29 The Authority may borrow money only from or with the consent (which | |
may be general or specific) of the Secretary of State. | 10 |
30 All money received by the Authority shall be paid into the British Transport | |
Police Fund. | |
Property | |
31 The Authority may acquire, develop or dispose of property. | |
Financial year | 15 |
32 The financial year of the Authority shall be the period of twelve months | |
ending with 31st March. | |
Part 4 | |
Miscellaneous | |
Status | 20 |
33 (1) The Authority shall not be regarded as the servant or agent of the Crown or | |
as enjoying any status, immunity or privilege of the Crown. | |
(2) Property of the Authority shall not be regarded as property of or held on | |
behalf of the Crown. | |
(3) Membership of or employment by the Authority is not employment in the | 25 |
civil service of the State. | |
Schedule 5 | |
Section 70 | |
British Transport Police: Consequential Amendments | |
British Transport Commission Act 1949 (c. xxix) | |
1 Section 53 of the British Transport Commission Act 1949 (constables) shall | 30 |
cease to have effect. | |
Railways Act 1993 (c. 43) | |
2 Sections 132 and 133 of (and Schedule 10 to) the Railways Act 1993 (transport | |
police) shall cease to have effect. | |
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Anti-terrorism, Crime and Security Act 2001 (c. 24) | |
3 Paragraphs 6 and 25 of Schedule 7 to the Anti-terrorism, Crime and Security | |
Act 2001 (amendment of s. 43 of Police (Scotland) Act 1967 and s. 90 of Police | |
Act 1996) shall cease to have effect. | |
General | 5 |
4 (1) In the enactments specified in sub-paragraph (2) and, in so far as necessary | |
in consequence of Part 3 of this Act, in any other enactment, legislative or | |
other instrument or document— | |
(a) a reference (whether or not as the “British Transport Police Force”) to | |
constables appointed under section 53 of the British Transport | 10 |
Commission Act 1949 shall be treated as a reference to the British | |
Transport Police Force established by Part 3 of this Act, and | |
(b) a definition of the “British Transport Police Force” or the “British | |
Transport Police” shall cease to have effect. | |
(2) The enactments referred to in sub-paragraph (1) are— | 15 |
(a) sections 11, 12, 17, 42 and 51 of the Police (Scotland) Act 1967 (c. 77) | |
(general provisions, &c.), | |
(b) sections 54 and 57 of the Firearms Act 1968 (c. 27) (Crown | |
application), | |
(c) sections 35, 36, 63A and 118 of the Police and Criminal Evidence Act | 20 |
1984 (c. 60) (custody, &c.), | |
(d) sections 2, 2A and 2B of the Ministry of Defence Police Act 1987 (c. 4) | |
(jurisdiction), | |
(e) sections 54, 75, 87 and 89 of the Road Traffic Offenders Act 1988 | |
(c. 53) (fixed penalty), | 25 |
(f) sections 60 and 60AA of the Criminal Justice and Public Order Act | |
1994 (c. 33) (stop and search, &c.), | |
(g) section 64 of the Disability Discrimination Act 1995 (c. 50) (Crown | |
application), | |
(h) sections 23, 24, 25, 30, 91 and 101 of the Police Act 1996 (c. 16) | 30 |
(jurisdiction, &c.), | |
(i) sections 6, 9, 46, 55, 90, 93 and 94 of the Police Act 1997 (c. 50) | |
(appointments, &c.), | |
(j) sections 1 and 16 of the Crime and Disorder Act 1998 (c. 37) (anti- | |
social behaviour and truancy), | 35 |
(k) sections 34, 44, 121 and 122 of the Terrorism Act 2000 (c. 11) (powers), | |
(l) section 100 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) | |
(jurisdiction of transport police), and | |
(m) sections 26, 43, 82 and 106 of the Police Reform Act 2002 (c. 30) (co- | |
operation, safety and nationality). | 40 |
Schedule 6 | |
Section 100 | |
Convention on International Carriage by Rail | |
PROVISION WHICH MAY BE INCLUDED IN REGULATIONS MADE UNDER OR | |
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BY VIRTUE OF SECTION 100 | |
Introduction | |
1 (1) In this Schedule “regulations” means regulations which are made— | |
(a) in connection with the Convention specified in section 100(1), and | |
(b) under section 100(1) or section 2 of the European Communities Act | 5 |
1972 (c. 68) (implementation of Community obligations). | |
(2) An expression used in this Schedule and in the Convention has the same | |
meaning in this Schedule as in the Convention. | |
(3) In this Schedule— | |
“court” includes “tribunal”, and | 10 |
“legal proceedings” includes arbitration. | |
General | |
2 Regulations may— | |
(a) make provision enabling a right or duty arising under the | |
Convention to be enforced; | 15 |
(b) deal with any matter arising out of or related to the Convention; | |
(c) supplement or amplify a provision of the Convention; | |
(d) amend an enactment; | |
(e) apply, disapply or modify the effect of an enactment; | |
(f) confer jurisdiction on a court; | 20 |
(g) confer a function (which may include a discretionary function) on | |
the Secretary of State or a person appointed in accordance with the | |
regulations; | |
(h) impose a duty to co-operate with a person exercising a function | |
under the Convention or the regulations; | 25 |
(i) enable a fee to be charged in connection with an inspection or the | |
exercise of another function under the Convention or the regulations; | |
(j) require a person to provide information to the Secretary of State or | |
another person; | |
(k) make provision about the disclosure of information; | 30 |
(l) make provision about the admission of railway vehicles or other | |
railway material to international traffic, which may include | |
provision— | |
(i) which concerns the movement or treatment of vehicles or | |
other material following admission; | 35 |
(ii) which concerns the movement or treatment of passengers | |
following admission; | |
(m) make provision which applies generally or only in specific | |
circumstances; | |
(n) make different provision for different circumstances; | 40 |
(o) include consequential provision (which may include provision | |
amending or repealing an enactment); | |
(p) include transitional, supplemental or incidental provision. | |
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Changes to Convention | |
3 (1) Regulations may make provision about modification of the Convention in | |
accordance with its provisions. | |
(2) In particular, the regulations may— | |
(a) provide for a reference to the Convention to be treated following | 5 |
modification (whether occurring before or after the reference first | |
takes effect) as a reference to the Convention as modified; | |
(b) make different provision in respect of modification by decision of a | |
committee and modification by decision of the General Assembly; | |
(c) provide for a suspension under Article 35(4) of the Convention to be | 10 |
disregarded except in so far as it relates to the United Kingdom; | |
(d) give effect to a transitional provision made by or under the | |
Convention; | |
(e) make transitional provision in relation to a modification of the | |
Convention. | 15 |
(3) In this paragraph a reference to modification of the Convention includes a | |
reference to— | |
(a) the validation of a technical standard, and | |
(b) the adoption of a uniform technical prescription. | |
4 Regulations may make provision about the publication of— | 20 |
(a) a change to the list of parties to the Convention; | |
(b) a declaration, objection or reservation by a party to the Convention; | |
(c) the suspension of part of the Convention in relation to a party; | |
(d) a modification of the Convention (including the validation of a | |
technical standard or the adoption of a uniform technical | 25 |
prescription). | |
Imposition of conditions | |
5 (1) Regulations may specify conditions which must be satisfied before a person | |
may— | |
(a) exercise a right under the Convention, or | 30 |
(b) do something to which the Convention applies. | |
(2) The conditions may, in particular, relate to— | |
(a) the making of an application; | |
(b) the determination of an application by the Secretary of State or | |
another person; | 35 |
(c) the payment of a fee; | |
(d) the provision of information; | |
(e) the display of a sign on a rail vehicle; | |
(f) the attendance of a constable. | |
Sanctions | 40 |
6 (1) Regulations may provide a criminal or other sanction in connection with a | |
duty arising under the Convention or the regulations. | |
(2) But regulations may not create a criminal offence which— | |
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(a) is punishable with imprisonment, or | |
(b) is punishable on summary conviction with a fine exceeding the | |
statutory maximum or level 5 on the standard scale. | |
(3) Sub-paragraph (2) shall not apply to an offence created in reliance on section | |
2(2) of the European Communities Act 1972 (c. 68). | 5 |
(4) Sub-paragraph (2) shall also not apply to an offence created by way of or in | |
connection with a provision which— | |
(a) applies (with or without modification) a provision made in reliance | |
on an Act other than this Act, | |
(b) is similar to provision made in reliance on an Act other than this Act, | 10 |
or | |
(c) is made partly in reliance on this Act and partly in reliance on | |
another Act. | |
Related legal proceedings | |
7 (1) Regulations may make provision designed to prevent double recovery. | 15 |
(2) In particular, regulations may require or enable a court to— | |
(a) have regard to the result or possible result of other proceedings, | |
whether in the United Kingdom or elsewhere and whether actual or | |
potential; | |
(b) make an award wholly or partly conditional on the result of other | 20 |
proceedings. | |
Enforcement of judgments | |
8 (1) Regulations may make provision about the enforcement of judgments. | |
(2) The regulations may, in particular, make provision about the application of | |
Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13). | 25 |
Special drawing rights | |
9 (1) Regulations may make provision for the conversion of special drawing | |
rights into sterling in connection with the application of the Convention or | |
the regulations to legal proceedings. | |
(2) Regulations may, in particular— | 30 |
(a) make provision by reference to determinations of the International | |
Monetary Fund; | |
(b) require or enable a matter to be certified by or on behalf of the | |
Treasury; | |
(c) provide for the proof and treatment of a certificate under paragraph | 35 |
(b); | |
(d) enable a fee to be charged for the issue of a certificate under | |
paragraph (b). | |
Saving | |
10 This Schedule is without prejudice to the generality of— | 40 |
(a) section 100(1), or | |
(b) section 2 of the European Communities Act 1972. | |
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