Office of Public Sector Information
PART 3 continued
(1) This section applies to regulations under section 36, 37, 38 or 39.
(2) The Authority may not make regulations unless a draft has been approved by—
(a) the Chief Constable,
(b) the staff associations, and
(c) the Secretary of State.
(3) The Secretary of State may on the application of the Authority dispense with a requirement for approval under subsection (2)(a) or (b) in respect of specified draft regulations.
(4) Before dispensing under subsection (3) with a requirement for a person’s approval the Secretary of State shall consult the person.
(5) In subsection (2)(b) “the staff associations” means such associations representing persons employed in the service of the Police Force as may be prescribed by order of the Secretary of State.
The Secretary of State may direct the Authority to—
(a) prepare draft regulations under section 36, 37, 38 or 39 for a specified purpose,
(b) submit them for approval under section 40(2) (whether or not as modified in accordance with section 40(3)), and
(c) make them if approved.
(1) The Secretary of State may by regulations make provision in relation to the Police Force in respect of any matter about which he could make regulations under section 50, 51, 52 or 60 of the Police Act 1996 (c. 16) (general regulations, special constables, cadets and police federations).
(2) Regulations under section 36, 37, 38 or 39 above shall have no effect in so far as they are inconsistent with regulations under this section.
(3) If regulations under this section make provision for a matter specified in section 50(3) of the Police Act 1996 (disciplinary proceedings) they must also make provision similar to that made by and under sections 84 and 85 of that Act (representation at disciplinary proceedings, and appeal).
(4) Before making regulations under this section the Secretary of State shall consult—
(a) the Authority,
(b) the Chief Constable, and
(c) the staff associations (within the meaning of section 40).
(1) The Secretary of State may make regulations providing for a further appeal in connection with proceedings under regulations under section 36 or 37.
(2) Regulations under this section may, in particular, confer jurisdiction on a court or tribunal.
(1) The Secretary of State may make regulations under section 53 of the Police Act 1996 (c. 16) (standard of equipment) which have effect (whether wholly or partly and whether with modifications or not) in relation to the Police Force (including in relation to Scotland).
(2) Before making regulations by virtue of this section the Secretary of State shall consult (in addition to any consultation required by section 53)—
(a) the Authority, and
(b) the Chief Constable.
(1) The Secretary of State may make regulations under section 53A of the Police Act 1996 (regulation of procedure and practice for purpose of facilitating inter-force co-operation) which have effect (whether wholly or partly and whether with modifications or not) in relation to the Police Force (including in relation to Scotland).
(2) For the purpose of regulations made by virtue of this section, section 53A shall have effect as if—
(a) a reference to a police authority included a reference to the Authority,
(b) a reference to chief officers of police included a reference to the Chief Constable, and
(c) a reference to a police force included a reference to the Police Force.
(1) This section applies to action of any of the following kinds—
(a) the making by the Authority of regulations under section 36, 37 or 38 about the conditions of service of constables, special constables or cadets,
(b) the making by the Secretary of State of regulations under section 42 about the conditions of service of constables, special constables or cadets,
(c) the issuing by the Secretary of State of a document under section 29,
(d) the taking by the Authority of a decision about the conditions of service of constables, special constables or cadets, and
(e) the taking by the Secretary of State of a decision about the conditions of service of constables, special constables or cadets.
(2) Before taking action to which this section applies the Authority or the Secretary of State shall invite the British Transport Police Federation to nominate a number of individuals, not fewer than two nor more than five, to meet with an equal number of individuals nominated by the Authority to discuss the action proposed.
(3) Where a group is nominated under subsection (2) the person proposing to act shall, before acting—
(a) give the group an opportunity to make recommendations about the proposed action, and
(b) have regard to any recommendation made.
(4) Where the person proposing to act thinks that a group nominated under subsection (2) is unable to agree recommendations about the proposed action he shall, before acting—
(a) give the group an opportunity to nominate an individual who is not part of the group to make recommendations about the proposed action,
(b) give any person nominated by the group an opportunity to make recommendations about the proposed action, and
(c) have regard to any recommendation made.
(5) Where the person proposing to act thinks that a group nominated under subsection (2) is unable to agree a nomination under subsection (4)(a)—
(a) the Secretary of State may nominate a person to make recommendations about the proposed action, and
(b) the person proposing to act shall, before acting—
(i) give any person nominated under paragraph (a) an opportunity to make recommendations about the proposed action, and
(ii) have regard to any recommendation made.
(6) In subsections (4) and (5) a reference to agreement of a group nominated under subsection (2) is a reference to the agreement of—
(a) a majority of the individuals nominated by the British Transport Police Federation, and
(b) a majority of the individuals nominated by the Authority.
(7) In this section a reference to conditions of service includes a reference to any terms and conditions of employment (including pay and hours of duty).
(1) The Secretary of State may issue a code of practice relating to the performance by the Authority of any of its functions.
(2) The Secretary of State may revise a code issued under subsection (1).
(3) A code of practice issued under section 39 of the Police Act 1996 (c. 16) shall have effect in relation to the Authority—
(a) with any necessary modifications, and
(b) subject to the provisions of a code issued under this section.
(4) Where the Secretary of State issues or revises a code under this section he shall lay before Parliament the code or revision.
(1) The Secretary of State may issue a code of practice relating to the performance by the Chief Constable of any of his functions.
(2) The Secretary of State may revise a code issued under subsection (1).
(3) A code of practice issued under section 39A of the Police Act 1996 (c. 16) shall have effect in relation to the Chief Constable—
(a) with any necessary modifications, and
(b) subject to the provisions of a code issued under this section.
(4) Where the Secretary of State issues or revises a code under this section he shall lay before Parliament the code or revision.
(5) But subsection (4) shall not oblige the Secretary of State to lay before Parliament anything if he thinks that its publication—
(a) would be against the interests of national security,
(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or
(c) could jeopardise a person’s safety.
(1) The Secretary of State may make regulations about the treatment by the Authority of a person who—
(a) is or was a constable of the Police Force, and
(b) is or was engaged in service outside the Police Force of a specified kind.
(2) The regulations shall, in particular, make provision similar to that of section 97 of the Police Act 1996 (service by police officer outside his force) subject to any modification necessary to reflect the structure and circumstances of the Police Force.
(1) Before the beginning of each financial year the Authority shall set objectives for policing the railways during that year.
(2) The objectives—
(a) may relate to a matter addressed by objectives set by the Secretary of State under section 51, and
(b) must be consistent with those objectives.
(3) In setting the objectives for a year the Authority shall—
(a) consult the Chief Constable,
(b) have regard to opinions expressed in accordance with section 62,
(c) have regard to objectives set for that year by the Secretary of State under section 37 of the Police Act 1996, and
(d) have regard to the National Policing Plan for that year.
(1) The Secretary of State may by direction to the Authority set objectives for policing the railways during a financial year.
(2) The Secretary of State shall publish a direction under this section.
(3) Before giving a direction under this section the Secretary of State shall consult—
(a) the Authority, and
(b) the Chief Constable.
(4) Before giving a direction under this section the Secretary of State shall consider any representations made to him by the Scottish Ministers on the matter of objectives for policing the railways in Scotland.
(1) Before the beginning of each financial year the Authority shall issue a plan setting out the proposed arrangements for policing the railways during that year.
(2) The plan for a year must include a statement of—
(a) the Authority’s priorities for the year,
(b) the financial resources which the Authority expects to be available, and
(c) the proposed allocation of resources.
(3) The plan for a year must specify—
(a) any objective set by the Authority for that year under section 50,
(b) any objective by the Secretary of State for the year under section 51, and
(c) any performance target set by the Authority in relation to the achievement of an objective for that year (whether set under section 53 or otherwise).
(4) A plan for a year must be consistent with the relevant three-year strategy plan issued by the Authority under section 55.
(5) The Chief Constable shall submit to the Authority a draft plan for each financial year.
(6) Before issuing a plan which differs from the Chief Constable’s draft the Authority shall consult him.
(7) In preparing a plan the Chief Constable and the Authority shall have regard to any guidance given by the Secretary of State about local policing plans under section 8(4A) of the Police Act 1996 (c. 16).
(8) The Authority shall—
(a) publish each plan under this section, and
(b) send a copy of each plan under this section to the Secretary of State.
(1) The Secretary of State may by direction to the Authority require it to set a target in relation to the achievement of an objective set under section 51.
(2) A direction may specify a condition which a target must satisfy.
(3) The Secretary of State shall publish a direction under this section.
(4) Before giving a direction under this section the Secretary of State shall consider any representations made to him by the Scottish Ministers on the matter of targets for policing the railways in Scotland.
(1) The Secretary of State may give a direction to the Authority containing provision of a kind which he could make in respect of a best value authority—
(a) by order under section 4 of the Local Government Act 1999 (c. 27) (performance indicators and standards), or
(b) in guidance under section 5(6) of that Act (performance targets and plans of action).
(2) The Secretary of State shall publish a direction under this section.
(3) Before giving a direction the Secretary of State shall consult—
(a) the Authority, and
(b) any other person that he thinks appropriate.
(1) The Authority shall before the beginning of each consecutive period of three financial years issue a plan which sets out the authority’s medium-term and long-term strategies for policing the railways during that period.
(2) For the purposes of this section—
(a) subsections (2) to (12), (14) and (15) of section 6A of the Police Act 1996 (c. 16) (three-year strategy plans) shall have effect (with any necessary modification), and
(b) guidance and regulations made under that section shall, in the absence of special provision, be taken to apply (with any necessary modification).
(3) In the application of section 6A(5) and (10) of that Act to this section the reference to the National Policing Plan shall be taken to include a reference to any objective or performance target set under section 51 or 53 of this Act.
(1) As soon as is reasonably practicable after the end of each financial year the Chief Constable shall submit to the Authority a report about the policing of the railways in that year.
(2) The Chief Constable shall publish a report submitted by him under subsection (1).
(3) The Authority may require the Chief Constable to submit a report on specified matters connected with the performance of his functions.
(4) The Authority may publish, or require the Chief Constable to publish, a report submitted under subsection (3).
(5) But if the Chief Constable thinks that publication of all or part of a report under subsection (3) would be unnecessary, or undesirable for reasons of public interest—
(a) he may require the Authority to refer to the Secretary of State the question whether that report or part should be published, and
(b) the report or part shall be published only if the Secretary of State directs that it should be published.
(1) As soon as is reasonably practicable after the end of each financial year the Authority shall issue a report about the policing of the railways in that year.
(2) The Authority’s report for a year must include an assessment of the extent to which—
(a) the objectives set for the year under section 50 have been achieved,
(b) the arrangements set out in the railways policing plan for the year under section 52 have been implemented, and
(c) the strategies set out in the relevant three-year strategy plan under section 55 have been implemented.
(3) The Authority shall—
(a) publish each report under this section, and
(b) send a copy of each report under this section to the Secretary of State.
(1) The Secretary of State may by direction require the Authority to submit a report on specified matters connected with the performance of its functions.
(2) The Secretary of State may by direction require the Chief Constable to submit a report on specified matters connected with the performance of his functions.
(3) The Authority or Chief Constable shall submit a report required by direction under this section—
(a) in such form as may be specified in the direction, and
(b) within such period as may be specified in the direction.
(4) The Secretary of State may—
(a) publish a report received under this section;
(b) require the author of the report to arrange for its publication.
(1) The Secretary of State may require the Chief Constable to supply information about matters relating to crime committed on or in connection with the railways.
(2) In particular, the Secretary of State may require information about—
(a) offences committed;
(b) offenders;
(c) criminal proceedings.
(3) The Chief Constable shall supply information required under this section at such times and in such form as the Secretary of State requires.
(4) Where the Secretary of State receives information under this section he shall lay it or a summary of it before Parliament.
(1) The Secretary of State may appoint a person to inquire into a matter connected with the Police Force.
(2) The Secretary of State may require a person appointed under this section to conduct the inquiry in public or in private.
(3) A person appointed under this section may summon a person to attend at a specified time and place—
(a) to give evidence;
(b) to produce a document.
(4) Where the Secretary of State receives a report of an inquiry under this section he shall, in so far as he thinks it in the public interest, publish a summary of the report.
(5) In the application of this section to an inquiry held in Scotland subsection (3) shall have effect as if for “summon” there were substituted “cite”.
(1) A person appointed under section 60 may—
(a) require evidence to be given on oath, and
(b) for that purpose, administer an oath.
(2) A person appointed under section 60 may not require the production of a document relating to the title of land which is not the property of the Authority.
(3) A person commits an offence if without reasonable excuse he—
(a) fails to comply with a summons under section 60, or
(b) obstructs or fails to co-operate with an inquiry under that section.
(4) A person has a reasonable excuse for failure to comply with a summons if he is not offered payment of the reasonable costs of compliance.
(5) A person who is guilty of an offence under subsection (3) shall be liable on summary conviction to—
(a) a fine not exceeding level 3 on the standard scale,
(b) imprisonment for a term not exceeding 51 weeks, or
(c) both.
(6) The Secretary of State may direct the Authority to pay all or part of the costs incurred by a person in connection with an inquiry under section 60.
(7) A direction under subsection (6) may include provision for taxation of costs.
(8) In the application of this section in relation to an inquiry held in Scotland subsections (3) and (4) shall have effect as if for “summons” there were substituted “citation”.
(1) The Authority shall make, and review from time to time, arrangements to obtain the opinions about the policing of the railways of—
(a) passengers on the railways,
(b) groups of persons representing passengers on the railways,
(c) persons providing railway services,
(d) organisations representing persons providing railway services,
(e) employees of persons providing railway services,
(f) organisations representing employees of persons providing railway services,
(g) the Scottish Ministers,
(h) the National Assembly for Wales,
(i) organisations representing local authorities in England,
(j) the Strategic Rail Authority,
(k) the Office of Rail Regulation,
(l) the Rail Accident Investigation Branch,
(m) the Health and Safety Commission,
(n) the Health and Safety Executive, and
(o) other persons with an interest in the railways whom the Authority thinks it appropriate to consult.
(2) The Authority shall make, and review from time to time, arrangements to invite the co-operation of the persons listed in subsection (1) in preventing crime on the railways.
(3) Before making or reviewing arrangements under this section the Authority shall—
(a) consult the Chief Constable, and
(b) have regard to any guidance issued by the Secretary of State.
(4) The Secretary of State may—
(a) issue guidance about arrangements under this section;
(b) require the Authority to report to him on arrangements under this section;
(c) require the Authority to review arrangements under this section.
(1) Her Majesty’s Inspectors of Constabulary shall inspect the Police Force from time to time.
(2) Her Majesty’s Inspectors of Constabulary shall also inspect the Police Force if requested by the Secretary of State to inspect the force—
(a) generally, or
(b) in respect of a particular matter.
(3) Following an inspection the inspectors shall report to the Secretary of State on the efficiency and effectiveness of the force—
(a) generally, or
(b) in the case of an inspection under subsection (2)(b), in respect of the matters to which the inspection related.
(4) A report under subsection (3) must be in such form as the Secretary of State may direct.
(5) Where the Secretary of State receives a report under subsection (3) he shall publish it.
(6) Section 55 of the Police Act 1996 (c. 16) (inspection reports: publication and comment) shall have effect, with any necessary modifications, in relation to a report of an inspection under this section.
(7) The Authority shall pay to the Secretary of State such amounts as the Secretary of State may specify in respect of an inspection carried out under this section.
(8) In the application of this section in relation to Scotland—
(a) a reference to Her Majesty’s Inspectors of Constabulary shall be treated as a reference to inspectors of constabulary appointed under section 33(1) of the Police (Scotland) Act 1967 (c. 77), and
(b) where an inspection under this section is carried out by inspectors so appointed the references to the Secretary of State in subsection (7) shall be treated as references to the Scottish Ministers.
(1) Sections 65 and 66 apply where a report of Her Majesty’s Inspectors of Constabulary states that the Police Force is inefficient or ineffective—
(a) generally, or
(b) in a specified respect.
(2) Sections 65 and 66 also apply where a report of Her Majesty’s Inspectors of Constabulary states that the Police Force is likely, unless remedial measures are taken, to become inefficient or ineffective—
(a) generally, or
(b) in a specified respect.
(3) In the application of this section in relation to Scotland a reference to Her Majesty’s Inspectors of Constabulary shall be treated as a reference to inspectors of constabulary appointed under section 33(1) of the Police (Scotland) Act 1967.
(1) Where this section applies as a result of a report the Secretary of State may by direction require the Authority to take specified measures for the purpose of remedying a deficiency identified in the report.
(2) Before giving a direction under this section the Secretary of State shall—
(a) notify the Authority and the Chief Constable of his intention to give a direction and the reasons for it,
(b) give the Chief Constable an opportunity to make representations,
(c) give the Authority an opportunity to make representations, and
(d) give the Authority an opportunity to propose action that would make it unnecessary for the Secretary of State to give a direction.
(3) Where the Secretary of State gives a direction under this section he shall lay before Parliament—
(a) a copy of the direction, and
(b) a report about it.
Railways and Transport Safety Act 2003