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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 | 5 |
(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. | 10 |
(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, | 15 |
(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)— | 20 |
(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 | 25 |
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 | 30 |
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, | 35 |
(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. | |
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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. | 10 |
(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), | 20 |
(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— | 30 |
(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. | 35 |
(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— | 40 |
(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. | |
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(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 | 10 |
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, | 20 |
(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 | 25 |
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 | 30 |
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. | 35 |
(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 | 40 |
of the Police Force appointed in England or Wales (with the omission of the | |
words in paragraph (b) “having jurisdiction within the police area”). | |
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(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 | 5 |
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— | 10 |
(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 | 15 |
(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 | 20 |
(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— | 25 |
(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 | 30 |
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 | 35 |
(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 | 40 |
status acquired by a person before he joined the Police Force. | |
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