Office of Public Sector Information

66 Action plan

(1) Where this section applies as a result of a report, the Secretary of State may by direction require the Authority to submit to him a plan of action to be taken to remedy a deficiency identified in the report.

(2) A direction under this section may require a plan to include, in particular—

(a) performance targets;

(b) a timetable;

(c) proposals for assessment of achievement;

(d) proposals for reporting to the Secretary of State about progress.

(3) A direction under this section must specify a period of between four and twelve weeks within which the plan must be submitted.

(4) 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.

(5) Where the Secretary of State gives a direction under this section he shall notify the Chief Constable.

(6) As soon as is reasonably practicable after receiving a direction under this section the Authority shall require the Chief Constable to submit a draft plan of action.

(7) Before submitting to the Secretary of State a plan which differs from the Chief Constable’s draft the Authority shall consult him.

(8) 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.

(9) If the Secretary of State thinks that a plan of action submitted by the Authority under this section is inadequate, he may—

(a) inform the Authority of his opinion and the reasons for it, and

(b) give a new direction under this section.

67 Senior appointment: delegation of function

The Secretary of State may delegate to the chief inspector of constabulary appointed under section 54 of the Police Act 1996 (c. 16) or section 33 of the Police (Scotland) Act 1967 (c. 77) the function of—

(a) approving an appointment under or by virtue of a provision of this Part, or

(b) giving consent under section 22(4) or 23(4).

Miscellaneous

68 Offences

(1) Subsections (1) and (2) of section 89 of the Police Act 1996 (c. 16) (assault on constable, &c.) shall apply in relation to a constable of the Police Force as they apply in relation to other constables in England and Wales.

(2) Section 90 of that Act (impersonation of constable) shall apply as if—

(a) a reference to a member of a police force included a reference to a constable of the Police Force, and

(b) a reference to a special constable appointed for a police area included a reference to a special constable of the Police Force.

(3) In their application in relation to the Police Force by virtue of this section, sections 89 and 90 of that Act shall have effect throughout England and Wales and Scotland.

69 Part III of the Road Traffic Offenders Act 1988 (c. 53)

(1) Part III of Road Traffic Offenders Act 1988 (fixed penalties) shall be amended as follows.

(2) In section 75 (conditional offers in Scotland) after subsection (3) insert—

“(3A) Where a constable is a constable of the British Transport Police Force subsection (3) shall have effect as if the reference to the chief constable were a reference to the chief constable of that force.”

(3) In section 76(2)(b) (limitation on proceedings) after “constable” insert “or, as the case may be, the chief constable of the British Transport Police Force”.

70 International assistance

(1) The Authority may provide advice or assistance, or arrange for the Police Force to provide advice or assistance, to a body which has responsibilities in relation to the policing of a railway outside Great Britain.

(2) Advice or assistance under subsection (1)—

(a) may, in particular, involve the secondment of an employee,

(b) may be provided on terms or conditions (whether as to payment or otherwise), and

(c) may not involve the provision of financial assistance (whether or not by way of investment).

(3) The power under subsection (1) may be exercised only with the consent of the Secretary of State (which may be general or specific and conditional or unconditional).

71 Exercise of functions by Secretary of State

The Secretary of State shall exercise his functions in relation to the Authority under this Part for the purpose of promoting the efficiency and effectiveness of the Police Force.

General

72 Crown application

This Part applies in relation to property irrespective of whether it belongs to or is used for the purposes of the Crown or a Duchy.

73 Consequential, transitional and incidental provision

(1) Schedule 5 (amendments consequential on this Part) shall have effect.

(2) The Secretary of State may by order make consequential, transitional or incidental provision, or savings, for the purpose of or in connection with a provision of this Part.

(3) Transitional provision under subsection (2) may, in particular, make provision in connection with the abolition of the police force comprising constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix) (“the old transport police”); and that provision may include, in particular, provision—

(a) for the transfer to the Authority of staff (including, but not limited to, constables) presently employed by the Strategic Rail Authority or by another person in connection with the old transport police;

(b) for the transfer to the Authority of property held (whether by the Strategic Rail Authority or by another person) for the purpose of or in connection with the old transport police;

(c) for the transfer to the Authority of rights and liabilities arising in connection with the old transport police;

(d) for employment to be treated as continuous in the case of staff transferred;

(e) for or in relation to the continuity (with or without modifications) of a scheme in respect of pensions, which may include a scheme having effect under an instrument;

(f) for provision under paragraph (c) or (e) to be treated as having a specified effect for the purposes of an enactment about pension schemes;

(g) for a pension scheme to have effect with specified modifications (which may include the conferring of a discretionary function on the Secretary of State) for the purpose of ensuring or enhancing consistency of treatment in relation to—

(i) different classes of employee of the Authority, or

(ii) schemes appertaining to different classes of employee of the Authority;

(h) treating persons appointed to the old transport police as having been appointed under this Part;

(i) for dealing with—

(i) the termination of agreements made in respect of the old transport police;

(ii) the treatment of rights and liabilities under agreements made in respect of the old transport police by persons who enter into police services agreements with the Authority (whether or not they are required to do so);

(j) for the assignment or transfer (under paragraphs (a) to (c)) of property, rights or liabilities that would not otherwise be capable of being assigned or transferred;

(k) about the continuity of legal proceedings;

(l) to have effect in place of the provision relating to bankruptcy restrictions orders while the enactment conferring power to make those orders has not come into force;

(m) in respect of the period (if any) between the coming into force of section 18 and the beginning of the first financial year of the Authority.

(4) An order under subsection (2) may amend an enactment or instrument.

74 Regulations and orders

(1) An order or regulations under this Part—

(a) may make provision which applies generally or only in specified cases or circumstances,

(b) may make different provision for different cases or circumstances, and

(c) may make transitional, consequential or incidental provision.

(2) An order or regulations made by the Secretary of State under this Part shall be made by statutory instrument.

(3) The following shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament—

(a) an order under section 73(2) which amends an enactment or instrument,

(b) an order under section 73(2) which is made by virtue of section 73(3), and

(c) an order under paragraph 24(2) of Schedule 4.

(4) Any other order or regulations made by the Secretary of State under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

75 Interpretation

(1) For the purposes of this Part (including, except where the context requires otherwise, subsections (2) to (5) below) “railway” means—

(a) a railway within the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42) (interpretation), and

(b) a tramway within the meaning given by that section.

(2) For the purposes of this Part “railway services” means the management or control, or participation in the management or control, of all or any part or aspect of a railway or railway property.

(3) For the purposes of this Part “railway property” means—

(a) a track,

(b) a network,

(c) a station,

(d) a light maintenance depot,

(e) a railway vehicle on a network or tramway,

(f) rolling stock on a network or tramway,

(g) a train used on a network, and

(h) a vehicle used on a tramway.

(4) For the purposes of this Part (including subsections (1)(b) and (3) above) “tramway” has the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42).

(5) For the purposes of this Part the following expressions have the meaning given by section 82 or 83 of the Railways Act 1993 (c. 43) (interpretation) (or, where appropriate, an equivalent meaning in relation to a tramway)—

(a) light maintenance depot,

(b) network,

(c) railway vehicle,

(d) rolling stock,

(e) station,

(f) track, and

(g) train.

(6) In this Part unless the context requires otherwise a reference to a constable of the Police Force includes a reference to a constable of any rank.

(7) In this Part a reference to the National Policing Plan is a reference to the plan provided for in section 36A of the Police Act 1996 (c. 16).

(8) This section is subject to section 77(2).

76 Index of defined expressions

The following expressions are defined for the purposes of this Part by the provisions specified.

77 Extent

(1) This Part shall extend only to—

(a) England and Wales, and

(b) Scotland.

(2) In the application of this Part in relation to Scotland any reference to a tramway shall be disregarded.

(3) The powers exercisable by virtue of section 28 shall not be exercisable in relation to Scotland.