Railways and Transport Safety Act 2003 (c. 20)
- ️United Kingdom Parliament
- ️Thu Jul 10 2003
Part 2 Office of Rail Regulation
15 Establishment
(1) There shall be a body corporate to be known as the Office of Rail Regulation.
(2) Schedule 1 (which makes provision about the Office) shall have effect.
16 Transfer of functions
(1) The functions of the Rail Regulator are hereby transferred to the Office of Rail Regulation.
(2) Subsection (1) applies to a function whether conferred by an enactment, by an agreement or otherwise.
(3) All property, rights and liabilities to which the Rail Regulator is entitled or subject at the coming into force of this section (including rights and liabilities relating to staff) are hereby transferred to the Office of Rail Regulation.
(4) The office of the Rail Regulator is hereby abolished.
(5) Schedules 2 (consequential amendments) and 3 (savings, &c.) shall have effect.
17 Extent
This Part shall extend only to—
(a) England and Wales, and
(b) Scotland.
Part 3 British Transport Police
Police Authority
18 The British Transport Police Authority
(1) There shall be a body corporate to be known as the British Transport Police Authority.
(2) Schedule 4 (which makes provision about the Authority) shall have effect.
(3) In this Part “the Authority” means the British Transport Police Authority.
19 Exercise of functions
In performing its functions the Authority shall aim to ensure the efficient and effective policing of the railways and shall, in particular, have regard—
(a) to any objective set by the Authority under section 50,
(b) to any objective set by the Secretary of State under section 51,
(c) to any railways policing plan issued by the Authority under section 52,
(d) to any performance target set by the Authority under section 53,
(e) to any code of practice issued by the Secretary of State, or having effect in relation to the Authority, under section 47, and
(f) in relation to a particular year, to the National Policing Plan for that year.
Police Force
20 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
(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.
21 Chief Constable
(1) The Authority shall appoint a 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 36.
(3) In performing his functions the Chief Constable shall have regard to—
(a) any relevant code of practice issued or having effect under section 48,
(b) any relevant plan issued under section 52, and
(c) any relevant plan issued under section 55.
(4) The Secretary of State may make regulations about the suspension and removal of the Chief Constable.
(5) Regulations under subsection (4)—
(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 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 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,
(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.
22 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 36.
(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.
(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.
(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),
(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 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—
(a) the Authority,
(b) the Chief Constable, and
(c) such other persons as he thinks fit.
23 Assistant Chief Constables
(1) The Authority shall appoint at least one assistant Chief Constable.
(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 36.
(3) The Authority may permit an assistant Chief Constable to perform a function of the Chief Constable—
(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.
(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) The Secretary of State may make regulations about the suspension and removal of an assistant Chief Constable.
(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),
(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 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—
(a) the Authority,
(b) the Chief Constable, and
(c) such other persons as he thinks fit.
24 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 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 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”).
25 Special constables
(1) The Chief Constable may appoint special constables of the Police Force.
(2) A special constable of the Police Force—
(a) shall be under the direction and control of the Chief Constable, and
(b) may be dismissed by the Chief Constable.
(3) Section 29 of the Police Act 1996 (c. 16) (attestation) shall apply to a special 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 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) Section 88(1) to (5) of the Police Act 1996 (liability for wrongful act of constable) shall have effect in relation to special constables of the Police Force as if—
(a) a reference to the chief officer of police for a police area were a reference to the Chief Constable,
(b) a reference to a constable were a reference to a special constable,
(c) a reference to the police fund were a reference to the British Transport Police Fund,
(d) a reference to a police authority were a reference to the Authority, and
(e) subsection (5) included a reference to a special constable of the Police Force.
(6) A reference in this Part to a constable of the Police Force includes a reference to a special constable of the Police Force.
26 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—
(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 38).
27 Civilian employees
(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.
28 Exercise of powers by civilians
(1) The following provisions of the Police Reform Act 2002 (c. 30) shall apply in relation to the Police Force as they apply in relation to other police forces—
(a) section 38 (police powers for police authority employees),
(b) section 39 (police powers for contracted-out staff),
(c) section 42 (supplementary),
(d) section 45 (code of practice),
(e) section 46 (offences),
(f) section 47 (interpretation), and
(g) Schedule 4 (powers exercisable by civilians).
(2) For the purpose of subsection (1) the provisions specified in that subsection shall have effect with any necessary modifications and, in particular—
(a) the provisions shall have effect as if a reference to a police force were a reference to the Police Force,
(b) the provisions shall have effect as if a reference to the chief officer of police of a police force were a reference to the Chief Constable,
(c) the provisions shall have effect as if a reference to a police authority were a reference to the Authority,
(d) the provisions shall have effect as if a reference to a constable were a reference to a constable of the Police Force,
(e) section 45 shall have effect, except in relation to a code which is expressed to apply for the purposes of that section in its application both by virtue of this section and otherwise, as if for subsection (3) there were substituted a requirement to consult the Authority and the Chief Constable, and
(f) Schedule 4 shall have effect as if a reference to the relevant police area or a police area were a reference to—
(i) any place in England or Wales where a constable of the Police Force has powers by virtue of section 31(1)(a) to (f) of this Act, and
(ii) for a purpose connected to a railway or to anything occurring on or in relation to a railway, any place in England and Wales.
29 Terms of employment
(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—
(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 or practice of the Authority;
(d) require compliance with rules or principles specified or to be specified in another document.
30 Trade union membership
(1) A constable or cadet of the Police Force may not be a member of a trade union (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 status acquired by a person before he joined the Police Force.
Jurisdiction
31 Jurisdiction
(1) A constable of the Police Force shall have all the powers and privileges of a constable—
(a) on track,
(b) on network,
(c) in a station,
(d) in a light maintenance depot,
(e) on other land used for purposes of or in relation to a railway,
(f) on other land in which a person who provides railway services has a freehold or leasehold interest, and
(g) throughout Great Britain for a purpose connected to a railway or to anything occurring on or in relation to a railway.
(2) A constable of the Police Force may enter property which is or forms part of anything specified in subsection (3)—
(a) without a warrant,
(b) using reasonable force if necessary, and
(c) whether or not an offence has been committed.
(3) Those things are—
(a) track,
(b) a network,
(c) a station,
(d) a light maintenance depot, and
(e) a railway vehicle.
(4) In this section “powers” includes powers under an enactment whenever passed or made.
32 Prosecution
Where the Police Force investigates an offence in the course of the exercise of its functions, the Chief Constable may institute criminal proceedings in England and Wales in respect of the offence.
Police Services Agreements
33 Police services agreement
(1) The Authority may enter into an agreement under this section (to be known as a police services agreement) with any person (“the customer”) which provides—
(a) for the Police Force to police a railway or railway property in connection with which the customer provides railways services, in accordance with the objectives, plans, targets and directions set under sections 50 to 55,
(b) for the Police Force to provide such additional policing services as may be specified in the agreement, and
(c) for such incidental or ancillary matters as the parties think appropriate.
(2) The Authority may not enter into a police services agreement unless a draft is approved in writing by the Secretary of State.
(3) A police services agreement shall include provision requiring the customer to make payments to the Authority, which may be payments of—
(a) specified sums, or
(b) sums assessed in a specified manner (which may include reference to amounts paid, or expected to be paid, by the Authority).
(4) In determining the terms in a police services agreement of provision about payment the Authority shall aim to ensure that—
(a) in each financial year the expenses of the Authority, including those incurred in defraying the expenses of the Police Force, are as nearly as possible equivalent to the income of the Authority, and
(b) the amount of the contribution to the expenses of the Authority made by each customer in a financial year approximately reflects the nature and extent of the functions likely to be undertaken in that year in accordance with the customer’s police service agreement.
(5) But subsection (4) does not prevent the Authority from setting a customer’s contribution at a level which—
(a) reflects a surplus of income over expenses in a previous financial year (whether or not relating wholly or partly to functions carried out in respect of the customer);
(b) reflects a deficit in a previous financial year (whether or not relating wholly or partly to functions carried out in respect of the customer);
(c) reflects the need to reserve funds for contingencies.
34 Compulsory police services agreement
(1) The Secretary of State may by order—
(a) require a person who provides railway services to enter into a police services agreement;
(b) require each member of a class of persons providing railway services to enter into a police services agreement.
(2) A person commits an offence if—
(a) he is subject to a requirement under subsection (1), and
(b) he provides railway services without having entered into a police services agreement in respect of the railway or railway property in connection with which he provides the services.
(3) A person who is guilty of an offence under subsection (2) shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.
(4) The Authority shall take reasonable steps to facilitate compliance by a person with a requirement imposed under subsection (1).
(5) Before imposing a requirement on a person or class under subsection (1) the Secretary of State shall consult the person or each member of the class.
35 Arbitration by Secretary of State
(1) This section applies to a dispute between the Authority and a person who has entered into a police services agreement, where the dispute is about the terms, construction or operation of the agreement.
(2) Either party to the dispute may refer it to the Secretary of State.
(3) The Secretary of State may—
(a) determine the dispute, or
(b) nominate a person to determine the dispute.
(4) The Secretary of State shall determine the procedure to be followed in determining a dispute under this section.
(5) In particular, the Secretary of State or nominated person shall give each party to the dispute an opportunity to make representations.
(6) In determining a dispute the Secretary of State or a nominated person may—
(a) give a declaration about how a provision of a police services agreement is to be construed or operated;
(b) vary the terms of a police services agreement;
(c) determine that one party is obliged in accordance with a police services agreement to pay a specified sum, or a sum to be assessed in a specified manner, to the other party;
(d) make an order about costs.
(7) Where a dispute is determined under this section—
(a) a party may appeal to the High Court on a point of law;
(b) the determination may, with the permission of the High Court, be enforced as if it were a judgment of the High Court (and may, in particular, be enforced by the use of powers in relation to contempt of court).
(8) Where it is agreed by the parties that Scots law applies to the police services agreement, a reference in subsection (7) to the High Court shall be treated as a reference to the Court of Session.
Regulation of Police Force
36 Police regulations: general
(1) The Authority may make regulations about the government, administration and conditions of constables or other persons employed in the service of the Police Force which—
(a) apply with or without modification regulations under section 50 of the Police Act 1996 (c. 16) (police force regulations);
(b) deal with matters that could be dealt with by those regulations.
(2) The Authority shall also make regulations similar to the provision made by and under sections 84 and 85 of that Act (representation at disciplinary proceedings, and appeal).
(3) Regulations under this section which deal with a matter addressed by regulations under section 50 of that Act may differ from the regulations under that section only so far as necessary to reflect the structure and circumstances of the Police Force.
(4) The Authority may make provision about the terms and conditions of employment of constables or other persons employed in the service of the Police Force otherwise than by regulations under this section—
(a) whether or not equivalent provision is made by regulations under section 50 of the Police Act 1996 (c. 16), but
(b) subject to any regulations made under this section.
(5) This section does not apply in relation to special constables or cadets.
37 Police regulations: special constables
(1) The Authority may make regulations about the government, administration and conditions of service of special constables of the Police Force which—
(a) apply with or without modification regulations under section 51 of the Police Act 1996 (police force regulations);
(b) deal with matters that could be dealt with by those regulations.
(2) Regulations under this section which deal with a matter addressed by regulations under section 51 of that Act may differ from the regulations under that section only so far as necessary to reflect the structure and circumstances of the Police Force.
38 Police regulations: cadets
(1) The Authority may make regulations about the government, administration and conditions of service of cadets of the Police Force which—
(a) apply with or without modification regulations under section 52 of the Police Act 1996 (police force regulations);
(b) deal with matters that could be dealt with by those regulations.
(2) Regulations under this section which deal with a matter addressed by regulations under section 52 of that Act may differ from the regulations under that section only so far as necessary to reflect the structure and circumstances of the Police Force.
39 British Transport Police Federation
(1) The Authority may make regulations about a body to be known as the British Transport Police Federation and having the function of representing persons employed in the service of the Police Force in matters affecting their welfare and efficiency except for questions about—
(a) the promotion of specified persons, or
(b) the discipline of specified persons (but this paragraph is subject to subsection (3)).
(2) Regulations under this section must make provision similar to that made by regulations under section 60 of the Police Act 1996 (police federations) subject to such modifications as may be necessary to reflect the structure and circumstances of the Police Force.
(3) Regulations under this Part may permit an official of the British Transport Police Federation to act for a person employed in the service of the Police Force in proceedings arising under the regulations.
(4) The British Transport Police Federation—
(a) may not become or remain connected with any other body without the approval of the Secretary of State (which may be given conditionally or unconditionally, and may be varied or withdrawn), but
(b) may employ in an administrative or advisory capacity a person who is not employed in the service of the Police Force.