The British Transport Police (Barred List and Advisory List) Regulations 2026
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Change 1
2 Interpretation
(1) In these Regulations— “the 2003 Act” means the Railways and Transport Safety Act 2003; “the 2026 Act” means the Crime and Policing Act 2026; “advisory list” means the advisory list maintained by the Authority under paragraph 9(1) of Schedule 25 to the 2026 Act; “Authority” means the British Transport Police Authority established under section 18 of the 2003 Act; “barred list” means the barred persons list maintained by the Authority under paragraph 1(1) of Schedule 25 to the 2026 Act; “constable” means— a member of the police force appointed and employed by the Authority under section 24 of the 2003 Act, or a special constable of the police force appointed by the Chief Constable of the police force under section 25 of the 2003 Act; “gross incompetence” means— in relation to a constable, a serious inability or serious failure of a constable to perform the duties of the constable’s rank or the role the constable is currently undertaking to a satisfactory standard or level, without taking into account the constable’s attendance, to the extent that dismissal would be justified and “grossly incompetent” is to be construed accordingly, or in relation to a civilian employee, a serious inability or serious failure to perform the duties of the role currently being undertaken to a satisfactory standard or level, otherwise than by reason of unsatisfactory attendance, to the extent that dismissal would be justified; “police force” means the British Transport Police Force established under section 20 of the 2003 Act; “relevant allegation” has the meaning given in paragraph 10(7) of Schedule 25 to the 2026 Act; “relevant dismissal” means where a person by virtue of being dismissed at disciplinary proceedings ceases to be a constable, or to be a civilian employee; “relevant finding” means where a person— is a former constable, a finding in disciplinary proceedings that they would have been dismissed if they had still been a constable, or is a former civilian employee, a finding in disciplinary proceedings that they would have been dismissed if they had still been such an employee; “working day” means a day other than— a Saturday or a Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales or Scotland, or a day which is a public holiday in England, Wales or Scotland. (2) For the purposes of paragraph 5(1)(b) of Schedule 25 to the 2026 Act, “appeal proceedings” means any internal review or appeal during which a decision taken in disciplinary proceedings is considered and may be set aside. (3) For the purposes of paragraph 13(e) of Schedule 25 to the 2026 Act “disciplinary proceedings” means— (a) in relation to a civilian employee, any proceeding or management process during which that person’s conduct results in them being dismissed and the reason, or one of the reasons, for the dismissal relates to conduct, efficiency or effectiveness; (b) in relation to a former civilian employee, any proceeding or management process during which that person’s conduct while a civilian employee is considered in order to determine whether a finding should be made that they would have been dismissed if they had still been such an employee and the reason or one of the reasons, for the dismissal would have related to conduct, efficiency or effectiveness.
2 Interpretation
(1) In these Regulations— “the 2003 Act” means the Railways and Transport Safety Act 2003; “the 2026 Act” means the Crime and Policing Act 2026; “advisory list” means the advisory list maintained by the Authority under paragraph 9(1) of Schedule 25 to the 2026 Act; “Authority” means the British Transport Police Authority established under section 18 of the 2003 Act; “barred list” means the barred persons list maintained by the Authority under paragraph 1(1) of Schedule 25 to the 2026 Act; “constable” means— a member of the police force appointed and employed by the Authority under section 24 of the 2003 Act, or a special constable of the police force appointed by the Chief Constable of the police force under section 25 of the 2003 Act; “gross incompetence” means— in relation to a constable, a serious inability or serious failure of a constable to perform the duties of the constable’s rank or the role the constable is currently undertaking to a satisfactory standard or level, without taking into account the constable’s attendance, to the extent that dismissal would be justified and “grossly incompetent” is to be construed accordingly, or in relation to a civilian employee, a serious inability or serious failure to perform the duties of the role currently being undertaken to a satisfactory standard or level, otherwise than by reason of unsatisfactory attendance, to the extent that dismissal would be justified; “police force” means the British Transport Police Force established under section 20 of the 2003 Act; “relevant allegation” has the meaning given in paragraph 10(7) of Schedule 25 to the 2026 Act; “relevant dismissal” means where a person by virtue of being dismissed at disciplinary proceedings ceases to be a constable, or to be a civilian employee; “relevant finding” means where a person— is a former constable, a finding in disciplinary proceedings that they would have been dismissed if they had still been a constable, or is a former civilian employee, a finding in disciplinary proceedings that they would have been dismissed if they had still been such an employee; “working day” means a day other than— a Saturday or a Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales or Scotland, or a day which is a public holiday in England, Wales or Scotland. (2) For the purposes of paragraph 5(1)(b) of Schedule 25 to the 2026 Act, “appeal proceedings” means any internal review or appeal during which a decision taken in disciplinary proceedings is considered and may be set aside. (3) For the purposes of paragraph 13(e) of Schedule 25 to the 2026 Act “disciplinary proceedings” means— (a) in relation to a civilian employee, any proceeding or management process during which that person’s conduct results in them being dismissed and the reason, or one of the reasons, for the dismissal relates to conduct, efficiency or effectiveness; (b) in relation to a former civilian employee, any proceeding or management process during which that person’s conduct while a civilian employee is considered in order to determine whether a finding should be made that they would have been dismissed if they had still been such an employee and the reason or one of the reasons, for the dismissal would have related to conduct, efficiency or effectiveness.
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