(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.
(1ZA) To the extent that subsection (1) concerns regulations made in pursuance of section 51(2B) of the Police Act 1996, or matters that could be dealt with by such regulations, the reference in subsection (1) to special constables of the Police Force includes former special constables of the Police Force.
(1A) The Authority shall also make regulations similar to the provision made by and under—
(a) sections 84 and 85 of the Police Act 1996 (representation etc. at disciplinary and other proceedings, and appeal), and
(b) Schedule 6 to that Act (appeals to police appeals tribunals).
(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.
(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.
(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.
(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) or (3A) or section 51(2A) or (2B) of the Police Act 1996 (disciplinary proceedings), they must also make provision similar to that made by and under—
(a) sections 84 and 85 of that Act (representation etc. at disciplinary and other proceedings, and appeal), and
(b) Schedule 6 to that Act (appeals to police appeals tribunals).
(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 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
46 Conditions of service: Transport Police Conference
(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,and
(b) have regard to opinions expressed in accordance with section 62,...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 railways policing plans.
(7A) Before issuing or revising any guidance under subsection (7) the Secretary of State shall consult—
(a) the Authority,
(b) the Chief Constable, and
(c) such other persons as the Secretary of State thinks fit.
(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—
(a) specifying factors (“performance indicators”) by reference to which the Authority's performance in exercising functions can be measured;
(b) specifying standards (“performance standards”) to be met by the Authority in relation to performance indicators specified under paragraph (a).
(1A) In specifying performance indicators and performance standards, and in deciding whether to do so, the Secretary of State shall aim to promote improvement of the way in which the functions of the Authority are exercised, having regard to a combination of economy, efficiency and effectiveness.
(1B) A direction under subsection (1) may specify different performance indicators or performance standards—
(a) for different functions;
(b) to apply at different times.
(1C) The Secretary of State may give a direction to the Authority requiring the Authority to—
(a) specify performance indicators in relation to functions;
(b) set targets for the performance of functions (“performance targets”) by reference to performance indicators specified under paragraph (a) or subsection (1)(a);
(c) set a plan of action to be taken for the purposes of meeting a performance target.
(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(“a three-year strategy plan”) which sets out the authority’s medium-term and long-term strategies for policing the railways during that period.
(2) Before a three-year strategy plan for any period is issued by the Authority, a draft of a plan setting out medium-term and long-term strategies for policing the railways during that period must have been prepared by the Chief Constable and submitted by him to the Authority for its consideration.
(3) In preparing the draft plan, the Chief Constable shall have regard to opinions expressed in accordance with section 62.
(4) The Authority may modify a three-year strategy plan which it has issued for a particular period at any time during that period.
(5) The Secretary of State may—
(a) issue guidance to the Authority and to the Chief Constable as to—
(i) the matters to be contained in any three-year strategy plan, and
(ii) the form to be taken by any such plan,
and
(b) revise and modify that guidance from time to time.
(6) Before issuing or revising any guidance under subsection (5) the Secretary of State shall consult—
(a) the Authority,
(b) the Chief Constable, and
(c) such other persons as the Secretary of State thinks fit.
(7) When issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, the Authority or (as the case may be) the Chief Constable shall have regard to—
(a) any guidance issued by the Secretary of State under subsection (5),
(b) any objectives set by the Secretary of State under section 51 for a financial year falling within the period to which the plan relates, and
(c) any performance targets set by the Authority under section 53 relating to such objectives, ...
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Where the Authority is proposing to issue or modify any plan under this section, it shall submit that plan, or the modifications, to the Secretary of State.
(9) Where the Authority issues a three-year strategy plan or modifies such a plan, it shall—
(a) send a copy of the plan or the modified plan to the Secretary of State, and
(b) cause the plan or modified plan to be published.
The copy of any modified plan sent to the Secretary of State and the publication of any modified plan must show the modifications, or be accompanied by or published with a document which sets them out or describes them.
(10) If the Secretary of State considers that there are grounds for thinking that—
(a) a three-year strategy plan, or
(b) any proposals by the Authority for such a plan, or for the modification of such a plan,
may not be consistent with any of the objectives, targets or priorities mentioned in subsection (7), he shall, before informing the Authority of his conclusions on whether or not the plan or the proposals are in fact so inconsistent, consult the Authority and the Chief Constable.
(11) The Authority shall consult the Chief Constable before—
(a) it issues a three-year strategy plan that differs in any material respect from the draft submitted to it by the Chief Constable, or
(b) it modifies its three-year strategy plan.
(12) The Secretary of State may by regulations make provision for the procedure to be followed on the submission to him of any plan or modifications for the purposes of this section.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k) the Office of Rail and Road,
(l) the Rail Accident Investigation Branch,
(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 71(2) of the Police and Fire Reform (Scotland) Act 2012, 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 71(2) of the Police and Fire Reform (Scotland) Act 2012.
(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.
(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.
The Secretary of State may delegate to the chief inspector of constabulary appointed under section 54 of the Police Act 1996 (c. 16) or designated under section 71(3) of the Police and Fire Reform (Scotland) Act 2012the 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).
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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).
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.
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) for the transfer to the Authority of property held ... 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.
(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.
(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).
The following expressions are defined for the purposes of this Part by the provisions specified.
Expression | Provision
The Authority | Section 18
British Transport Police Federation | Section 39
The Chief Constable | Section 21
Constable | Sections 25(6) and 75
Light maintenance depot | Section 75
National Policing Plan | Section 75
Network | Section 75
Police services agreement | Section 33
The Police Force | Section 20
Railway | Section 75
Railway property | Section 75
Railway services | Section 75
Railway vehicle | Section 75
Rolling stock | Section 75
Station | Section 75
Track | Section 75
Train | Section 75
Tramway | Section 75