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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 3 — British Transport Police

    9

 

Police Force

 19    Establishment of Police Force

     (1)    The Authority shall secure the maintenance of an efficient and effective police

force—

           (a)           to be known as the British Transport Police Force, and

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           (b)           to police the railways.

     (2)    In particular, the Authority shall defray the expenses of the Police Force.

     (3)    In this Part “the Police Force” means the British Transport Police Force.

 20    Chief Constable

     (1)    The Authority shall appoint a Chief Constable of the Police Force.

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     (2)    An appointment under subsection (1) may be made only—

           (a)           with the approval of the Secretary of State, and

           (b)           in accordance with regulations under section 34.

     (3)    In performing his functions the Chief Constable shall have regard to—

           (a)           any relevant code of practice issued or having effect under section 45,

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           (b)           any relevant plan issued under section 49, and

           (c)           any relevant plan issued under section 52.

     (4)    The Secretary of State may make regulations about the suspension and

removal of the Chief Constable.

     (5)    Regulations under subsection (4)—

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           (a)           may apply (with or without modification) or make provision similar to

a provision made by or under the Police Act 1996 (c. 16),

           (b)           may confer a function on the Secretary of State (which may include a

discretionary function or a function of requiring the Authority to act),

           (c)           may permit the Secretary of State to delegate a function or to confer a

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function (which may include a discretionary function) on a person or

group, and

           (d)           may make provision about costs.

     (6)    Regulations under subsection (4) which deal with a matter addressed by a

provision made by or under the Police Act 1996 may differ from that provision

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only so far as necessary to reflect the structure and circumstances of the Police

Force.

     (7)    Before making regulations under subsection (4) the Secretary of State shall

consult—

           (a)           the Authority,

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           (b)           the Chief Constable, and

           (c)           such other persons as he thinks fit.

     (8)    In this Part “the Chief Constable” means the Chief Constable of the Police

Force.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    10

 

 21    Deputy Chief Constable

     (1)    The Authority shall appoint a deputy Chief Constable of the Police Force.

     (2)    An appointment under subsection (1) may be made only—

           (a)           with the approval of the Secretary of State, and

           (b)           in accordance with regulations under section 34.

5

     (3)    The deputy Chief Constable may perform a function of the Chief Constable—

           (a)           while the Chief Constable is unable to act or unavailable,

           (b)           during a vacancy in the office of Chief Constable, or

           (c)           with the consent (which may be general or specific) of the Chief

Constable.

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     (4)    The power to act by virtue of subsection (3)(a) or (b) shall not be exercisable for

a continuous period exceeding three months without the consent of the

Secretary of State.

     (5)    The Secretary of State may make regulations about the suspension and

removal of the deputy Chief Constable.

15

     (6)    Regulations under subsection (5)—

           (a)           may apply (with or without modification) or make provision similar to

a provision made by or under the Police Act 1996 (c. 16),

           (b)           may confer a function on the Secretary of State (which may include a

discretionary function or a function of requiring the Authority to act),

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           (c)           may permit the Secretary of State to delegate a function or to confer a

function (which may include a discretionary function) on a person or

group, and

           (d)           may make provision about costs.

     (7)    Regulations under subsection (5) which deal with a matter addressed by a

25

provision made by or under the Police Act 1996 may differ from that provision

only so far as necessary to reflect the structure and circumstances of the Police

Force.

     (8)    Before making regulations under subsection (5) the Secretary of State shall

consult—

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           (a)           the Authority,

           (b)           the Chief Constable, and

           (c)           such other persons as he thinks fit.

 22    Assistant Chief Constables

     (1)    The Authority shall appoint at least one assistant Chief Constable.

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     (2)    An appointment under subsection (1) may be made only—

           (a)           with the approval of the Secretary of State, and

           (b)           in accordance with regulations under section 34.

     (3)    The Authority may permit an assistant Chief Constable to perform a function

of the Chief Constable—

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           (a)           while the Chief Constable and the deputy Chief Constable are unable

to act or unavailable, or

           (b)           during a vacancy in the offices of Chief Constable and deputy Chief

Constable.

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    11

 

     (4)    Permission under subsection (3) may not have effect for a continuous period

exceeding three months without the consent of the Secretary of State.

     (5)    Secretary of State may make regulations about the suspension and removal of

an assistant Chief Constable.

     (6)    Regulations under subsection (5)—

5

           (a)           may apply (with or without modification) or make provision similar to

a provision made by or under the Police Act 1996 (c. 16),

           (b)           may confer a function on the Secretary of State (which may include a

discretionary function or a function of requiring the Authority to act),

           (c)           may permit the Secretary of State to delegate a function or to confer a

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function (which may include a discretionary function) on a person or

group, and

           (d)           may make provision about costs.

     (7)    Regulations under subsection (5) which deal with a matter addressed by a

provision made by or under the Police Act 1996 may differ from that provision

15

only so far as necessary to reflect the structure and circumstances of the Police

Force.

     (8)    Before making regulations under subsection (5) the Secretary of State shall

consult—

           (a)           the Authority,

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           (b)           the Chief Constable, and

           (c)           such other persons as he thinks fit.

 23    Constables

     (1)    The Authority shall appoint and employ constables of the Police Force.

     (2)    A constable of the Police Force shall be under the direction and control of the

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Chief Constable.

     (3)    Section 29 of the Police Act 1996 (attestation) shall apply to a constable of the

Police Force appointed in England or Wales (with the omission of the words in

paragraph (b) “having jurisdiction within the police area”).

     (4)    Section 16 of the Police (Scotland) Act 1967 (c. 77) (declaration) shall apply to a

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constable of the Police Force appointed in Scotland (with the substitution of the

words “faithfully to execute” for “in such terms as may be prescribed

concerning the proper discharge of”).

 24    Special constables

     (1)    The Chief Constable may appoint special constables of the Police Force.

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     (2)    A special constable of the Police Force—

           (a)           shall be under the direction and control of the Chief Constable,

           (b)           may be dismissed by the Chief Constable, and

           (c)           shall be an employee of the Authority.

     (3)    Section 29 of the Police Act 1996 (attestation) shall apply to a special constable

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of the Police Force appointed in England or Wales (with the omission of the

words in paragraph (b) “having jurisdiction within the police area”).

 

 

Railways and Transport Safety Bill
Part 3 — British Transport Police

    12

 

     (4)    Section 16 of the Police (Scotland) Act 1967 (c. 77) (declaration) shall apply to a

special constable of the Police Force appointed in Scotland (with the

substitution of the words “faithfully to execute” for “in such terms as may be

prescribed concerning the proper discharge of”).

     (5)    A reference in this Part to a constable of the Police Force includes a reference to

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a special constable of the Police Force.

 25    Cadets

     (1)    The Chief Constable may appoint cadets to undergo training with a view to

becoming constables of the Police Force.

     (2)    A cadet of the Police Force—

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           (a)           shall be under the direction and control of the Chief Constable,

           (b)           may be dismissed by the Chief Constable, and

           (c)           shall be an employee of the Authority (subject to regulations under

section 36).

 26    Civilian employees

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     (1)    The Authority may employ persons to assist the Police Force.

     (2)    A person appointed under this section shall be under the direction and control

of either the Chief Constable or the Authority, in accordance with his terms of

employment.

 27    Terms of employment

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     (1)    In relation to the terms and conditions of employment of constables and other

persons employed in the service of the Police Force, the Authority shall comply

with rules or principles contained in any document issued to them for the

purpose by the Secretary of State.

     (2)    Rules or principles under subsection (1) may, in particular—

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           (a)           require the adoption of specified scales or ranges of pay or allowances;

           (b)           require a specified class of employee to be treated for specified

purposes in the same way as another specified class of employee

(whether of the Authority or not) or office-holder;

           (c)           require the approval of the Secretary of State for changes in the policy

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or practice of the Authority;

           (d)           require compliance with rules or principles specified or to be specified

in another document.

 28    Trade union membership

     (1)    A constable or cadet of the Police Force may not be a member of a trade union

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(within the meaning given by section 1 of the Trade Union and Labour

Relations (Consolidation) Act 1992 (c. 52)).

     (2)    Subsection (1) shall not prevent—

           (a)           membership of the British Transport Police Federation, or

           (b)           retention, with the consent of the Chief Constable, of a membership

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status acquired by a person before he joined the Police Force.

 

 

 
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