Statutory Instrument 1994 No. 609

The British Transport Police Force Scheme 1963 (Amendment) Order 1994

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© Crown Copyright 1994

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1994 No. 609

TRANSPORT

The British Transport Police Force Scheme 1963 (Amendment) Order 1994

The Secretary of State, in exercise of the powers conferred on him by section 143(3) and (4) of, and paragraph 3(2) of Schedule 10 to, the Railways Act 1993^[1], and of all other powers enabling him in that behalf, and after consultation with the British Railways Board and with the persons to whom the Board is for the time being making available the services of transport police, hereby makes the following Order:

    1.    This Order may be cited as the British Transport Police Force Scheme 1963 (Amendment) Order 1994 and shall come into force on 1st April 1994.

    2.    The British Transport Police Force Scheme 1963^[2] shall be amended in accordance with articles 3 to 8 of this Order.

    3.    In article 1(a) (DEFINITIONS)—
 (a) in the definition of "the other Boards", after the words "public transport undertakings" there shall be inserted "(except other users of the Force)"; and
 (b) after the definition of "the other Boards" there shall be inserted the following definition—
""other user of the Force" means a person with whom the Railways Board has made an agreement for making the services of the Force available to that person under article 2A of this Scheme;" .

    4.    After article 2 (BRITISH TRANSPORT POLICE FORCE) there shall be inserted the following—
    "2A.    OTHER USERS OF THE FORCE
(a) The Railways Board may make an agreement with any person falling within any class or description of person specified for the purposes of this paragraph in paragraph (b) below for making the services of the Force available to that person for such period, to such extent, and on such terms, as may be specified in the agreement.

(b) The classes or descriptions of person specified for the purposes of paragraph (a) above are—
(i) any person who is a licence holder within the meaning of Part I of the Railways Act 1993;

(ii) any person who has the benefit of a licence exemption within the meaning of that Part of that Act;

(iii) any person who has the management of, or carries on an undertaking which includes, or includes the provision of transport services on, one or more of the following—
(a) a tramway,

(b) a transport system which uses another mode of guided transport,

(c) a trolley vehicle system;



not being a person with whom the Railways Board may make an agreement for making the services of the Force available to that person under an enactment other than this article.
(c) In paragraph (b)(iii) above "guided transport", "tramway" and "trolley vehicle syste" have the meaning given by section 67(1) of the Transport and Works Act 1992^[3]." .

    5.    In article 3B(c) (REPORTS BY CHIEF CONSTABLE, ETC) for the words "a chief constable of police" there shall be substituted "a chief officer of police".

    6.    In article 4 (BRITISH TRANSPORT POLICE COMMITTEE)—
 (a) in paragraph (b) at the beginning there shall be inserted "Subject to paragraph (ba) below,";
 (b) after paragraph (b) there shall be inserted the following paragraph—
"(ba) In addition to members appointed under paragraph (b) above, any other user of the Force—
(i) which is or has at at any time been a company wholly owned by the Crown within the meaning of the Railways Act 1993, and

(ii) which is an operator of a network within the meaning of Part I of that Act,

may appoint one member to the Committee, and where such a user appoints a member to the Committee any reference, in whatever terms, in the succeeding provisions of this article or article 6(a) below to the other Boards which require the services of the Force to be made available to them shall be deemed to include a reference to that user.
 (c) in paragraph (ca)(ii) for the words "Central Transport Consultative Committee" there shall be substituted "Central Rail Users' Consultative Committee established under section 3 of the Railways Act 1993".

    7.    For article 5 (EXPENSES OF FORCE) there shall be substituted the following article—
    "5.    EXPENSES OF THE FORCE
(a) All expenses relating to the Force shall be borne by the Railways Board but the other Boards shall make such contribution towards those expenses as may be agreed between the Boards from time to time and the Railways Board shall be entitled to recover from the other Boards the amounts of their respective contributions.

(b) Any other user of the Force shall pay to the Railways Board such fee, if any, as is provided for (and howsoever such fee is provided for) in the agreement by which the services of the Force are made available to that user by the Railways Board." .

    8.    For article 6 (SETTLEMENT OF DISPUTES) there shall be substituted the following article—
    "6.    SETTLEMENT OF DISPUTES
(a) If the Boards or the represented Boards (as the case may be) fail to agree upon any matter which is expressed in this Scheme to be the subject of agreement between them the matter shall be determined by the Minister upon the application of any of them after notice to the others and effect shall be given to such determination.

(b) Any dispute in relation to the Force which arises between the Railways Board and any other user of the Force shall be determined by the Minister upon the application of either of them after notice to the other and effect shall be given to such determination." .

    9.    The text of the British Transport Police Force Scheme 1963, as amended, is set out in the Schedule to this Order.

Signed by authority of the Secretary of State for Transport

Roger Freeman

Minister of State,
Department of Transport

8th March 1994

[1] 1993 c. 43. back

[2] See the British Transport Police Force Scheme 1963 (Approval) Order 1964 (S.I. 1964/1456), the Schedule to which contains the scheme. The scheme was subsequently amended by the British Transport Police Force Scheme 1963 (Amendment) Order 1992 (S.I. 1992/364) and continues in force, as if made under section 132 of the Railways Act 1993, by virtue of paragraph 3(2) of Schedule 10 to that Act. back

[3] 1992 c. 42. back

Explanatory Note