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Railways and Transport Safety Act 2003

Type Public General Act

Publication 2003-07-10

Last updated 2024-03-21

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Investigation of Railway Accidents

Introduction

Annual report by Authority

1

(1) In this Part—

“railway” means a railway or tramway within the meaning given by section 67 of the Transport and Works Act 1992 (c. 42), and

“railway property” means anything which falls within the definition of “light maintenance depot”, “network”, “rolling stock”, “station” or “track” in section 83 of the Railways Act 1993 (c. 43), or which falls within the equivalent of any those definitions in relation to a tramway.

(2) The Secretary of State may by regulations amend this section.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maritime security services

2

(1) In this Part a reference to a railway accident or railway incident is a reference to an accident or incident which occurs on railway property in so far as it is or may be relevant to the operation of the railway.

(2) The Secretary of State may by regulations—

(a) make provision about what is to be or not to be treated as an accident or incident for the purposes of this Part;

(b) make provision about circumstances in which an accident or incident is to be or not to be treated as being relevant to the operation of a railway for the purposes of this Part;

(3) Regulations under subsection (2) may, in particular, make provision by reference to—

(a) location;

(b) the exercise of a discretion by the Chief Inspector of Rail Accidents or another specified person.

(4) Regulations under subsection (2) making provision about what is to be treated as an incident may, in particular, include an event or omission which does not cause damage or loss but which might cause damage or loss in different circumstances.

The Rail Accident Investigation Branch

Establishment

3

(1) The Secretary of State shall appoint persons as inspectors of rail accidents.

(2) The Secretary of State shall appoint one of the inspectors as the Chief Inspector of Rail Accidents.

(3) The inspectors appointed under this section may be referred to as the Rail Accident Investigation Branch (being a branch of the department of the Secretary of State who appoints them).

(4) An inspector of rail accidents shall carry out such of the functions of the Rail Accident Investigation Branch as may be assigned to him by the Chief Inspector of Rail Accidents.

General aims

4

In exercising their functions the Rail Accident Investigation Branch shall, wherever relevant, aim—

(a) to improve the safety of railways, and

(b) to prevent railway accidents and railway incidents.

Assistance to others

5

The Chief Inspector of Rail Accidents may arrange for the Rail Accident Investigation Branch to assist any person; in particular, assistance—

(a) may be provided with or without charge;

(b) may be provided inside or outside the United Kingdom.

Annual report

6

(1) The Secretary of State shall make regulations requiring the Chief Inspector of Rail Accidents to produce once in each calendar year a report in connection with the activities of the Rail Accident Investigation Branch.

(2) Regulations under subsection (1) may, in particular, make provision about—

(a) timing of reports;

(b) content of reports;

Investigation by Branch

Investigations

7

(1) The Rail Accident Investigation Branch—

(a) shall investigate any serious railway accident,

(b) may investigate a non-serious railway accident or a railway incident, and

(c) shall investigate a non-serious railway accident or a railway incident if required to do so by or in accordance with regulations made by the Secretary of State.

(2) For the purposes of subsection (1)(a) a tramway shall not be treated as a railway (despite section 1(1)).

(3) In investigating an accident or incident the Branch shall try to determine what caused it.

(4) On completion of an investigation the Branch shall report to the Secretary of State.

(5) In performing a function in relation to an accident or incident the Branch—

(a) shall not consider or determine blame or liability, but

(b) may determine and report on a cause of an accident or incident whether or not blame or liability is likely to be inferred from the determination or report.

(6) The Branch may conduct an investigation and report whether or not civil or criminal proceedings are in progress or may be instituted (but this subsection is without prejudice to the operation of the law of contempt of court).

(7) The Chief Inspector of Rail Accidents may apply to the High Court or the Crown Court for a declaration that the making of a report in connection with a specified accident or incident will not amount to a contempt of court in relation to civil or criminal proceedings which have been or may be instituted in connection with the accident or incident.

(8) The Chief Inspector of Rail Accidents may reopen an investigation if he believes that significant new evidence may be available.

Investigator’s powers

8

(1) For the purpose of conducting an investigation by virtue of section 7 an inspector of rail accidents may, provided that he produces evidence of his identity if asked to do so—

(a) enter railway property;

(b) enter land (which may include a dwelling-house) which adjoins or abuts railway property;

(c) enter a vehicle or structure which is on railway property or which is on land which could be entered under paragraph (b);

(d) enter land which does not fall within paragraph (a), (b) or (c) if—

(i) it is used wholly or partly for the purposes of or in connection with anything done on or with railway property, or

(ii) the inspector reasonably believes that it may contain evidence relating to an accident or incident;

(e) in entering anything under paragraph (a), (b), (c) or (d), be accompanied by one or more persons authorised by the Chief Inspector of Rail Accidents for that purpose (whether generally or specifically);

(f) in entering anything under paragraph (a), (b), (c) or (d), make arrangements to have with him equipment or materials.

(2) For the purpose of conducting an investigation by virtue of section 7 an inspector of rail accidents may—

(a) make a written, electronic, photographic or other record;

(b) remove and retain samples;

(c) arrange for anything to be removed and retained for the purpose of analysis or other examination or for the purpose of preserving evidence;

(d) require access to a record or to recording equipment;

(e) require a person to answer a question;

(f) require a person to provide information;

(g) require a person to disclose a record;

(h) require a person to provide a copy of a record;

(i) require disclosure of the result of an examination of a person, body or thing;

(j) require a person to certify the truth, accuracy or authenticity of a statement made, of information or a document provided or of a record disclosed.

(3) A person commits an offence if without reasonable excuse he—

(a) fails to comply with a requirement imposed by an inspector of rail accidents for the purpose of an investigation by virtue of section 7,

(b) makes a statement for the purpose of an investigation by virtue of section 7 knowing or suspecting that the statement is inaccurate or misleading,

(c) provides information or a record for the purpose of an investigation by virtue of section 7 knowing or suspecting that the information or record is inaccurate or misleading,

(d) obstructs an inspector of rail accidents in the course of his conduct of an investigation by virtue of section 7,

(e) obstructs a person accompanying an inspector of rail accidents under subsection (1)(e), or

(f) obstructs a person exercising a power of an inspector by virtue of regulations under section 9(1)(d).

(4) A person who is guilty of an offence under subsection (3) shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(5) Subsection (6) applies where—

(a) the Rail Accident Investigation Branch is conducting an investigation by virtue of section 7 in respect of an accident or incident, and

(b) a question arises as to the desirability of action which any other person proposes to take for the purpose of investigating the accident or incident.

(6) The question may be determined by—

(a) the Chief Inspector of Rail Accidents, or

(b) an inspector of rail accidents acting on behalf of the Chief Inspector.

Regulations

9

(1) The Secretary of State may make regulations about the conduct of investigations by the Rail Accident Investigation Branch; in particular, the regulations may—

(a) confer a function on the Chief Inspector of Rail Accidents or on the Branch;

(b) make provision about the way in which a function of the Chief Inspector or the Branch is to be performed;

(d) provide for a power of an inspector to be exercisable by a person conducting or participating in an investigation by virtue of paragraph (c);

(e) permit or require the Chief Inspector to request assistance from another person;

(f) permit or require another person to assist the Chief Inspector.

(2) The regulations may make provision about the preparation, form, content and publication of a report made by the Branch under section 7; in particular, the regulations may—

(a) require a report to address the question of what caused an accident or incident;

(b) require or permit a report to make, or not to make, a recommendation;

(d) require the Branch to give an opportunity to a person interested in an investigation to comment on a draft report or draft interim report;

(e) require the Branch to notify a person of the content of a report or interim report before publication;

(f) require the Branch to give a copy of a report or interim report to a person;

(g) make provision about the timing of publication.

(3) A reference to a report by the Branch in section 7 includes a reference to an interim report permitted or required by virtue of subsection (2) above.

(4) The Secretary of State may make regulations about the use, disclosure and destruction of information acquired by the Branch; in particular, the regulations may—

(a) prohibit the disclosure of information in specified circumstances;

(b) permit the disclosure of information in specified circumstances;

(d) make provision by reference to whether or not a person consents to a disclosure which relates to him.

(5) Regulations under this section may—

(a) create an offence (but not an offence punishable by imprisonment);

(b) confer a discretionary function;

Investigation by industry

Requirement to investigate

10

(1) The Chief Inspector of Rail Accidents may direct that any railway accident or railway incident of a specified kind or which occurs in specified circumstances shall be investigated by each person who manages or controls, or participates in managing or controlling, all or any part of railway property—

(a) on which the accident or incident takes place, or

(b) which is involved in the accident or incident.

(2) A direction—

(a) shall specify the manner in which the investigation is to be conducted, and

(b) may make provision for a case where more than one person would be required to conduct an investigation, whether by requiring a joint investigation or by requiring or enabling one or more persons to conduct an investigation on behalf of others.

(3) A person to whom a direction under subsection (1) applies commits an offence if he fails to comply with it.

(4) A person guilty of an offence under subsection (3) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine.

(5) The Chief Inspector shall publish a direction issued by him under subsection (1) in a manner which he considers will bring it to the attention of each person who is likely to be required to comply with it.

(6) But in proceedings against a person for an offence under subsection (3) of failing to comply with a direction it shall not be necessary to prove that he was aware of the direction.

(7) A direction under subsection (1)—

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

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

Accident regulations

11

(1) The Secretary of State may make regulations in connection with the investigation of railway accidents and railway incidents.

(2) The regulations may, in particular—

(a) require a person to notify the Rail Accident Investigation Branch of a railway accident or railway incident, and

(b) make provision about the timing, form and content of notice given by virtue of paragraph (a).

(3) The regulations may, in particular, require a person to take or not to take specified action following an accident or incident—

(a) pending the commencement of an investigation, or

(b) during the process of an investigation.

(4) The regulations may—

(a) create an offence (but not an offence punishable by a term of imprisonment exceeding the maximum term which may be imposed by a magistrates' court in accordance with section 224 of the Sentencing Code);

(b) confer a discretionary function;

General

Crown application

12

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.

Regulations

13

(1) 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

(2) Regulations under this Part shall be made by statutory instrument.

(3) Regulations under section 1(2) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(4) Other regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

14

(1) This Part extends to the whole of the United Kingdom.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the application of this Part in relation to Northern Ireland the maximum term for the purposes of sections 8(4)(a) and 11(4)(a) shall be 12 months.

Part 2 — Office of Rail and Road

Establishment

15

(1) There shall be a body corporate to be known as the Office of Rail and Road.

(2) Schedule 1 (which makes provision about the Office) shall have effect.

Transfer of functions

16

(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.

Extent

17

This Part shall extend ... to—

(a) England and Wales, and

(b) Scotland, and

Part 3 — British Transport Police

Police Authority

The British Transport Police Authority

18

(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.

Exercise of functions

19

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,

(d) to any performance target set by the Authority under section 53,and

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Force

Establishment of Police Force

20

(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.

Chief Constable

21

(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

(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

(8) In this Part “the Chief Constable” means the Chief Constable of the Police Force.

Deputy Chief Constable

22

(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

(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

Assistant Chief Constables

23

(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

Constables

24

(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 10 of the Police and Fire Reform (Scotland) Act 2012 (declaration) shall apply to a constable of the Police Force appointed in Scotland.

(5) Subsection (2) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4) of the Police Act 1996.

Special constables

25

(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 10 of the Police and Fire Reform (Scotland) Act 2012 (declaration) shall apply to a special constable of the Police Force appointed in Scotland.

(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,

(d) a reference to a local policing body 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.

Cadets

26

(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

Civilian employees

27

(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.

(3) Subsection (2) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4) of the Police Act 1996.

Exercise of powers by civilians

28

(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 civilian staff and volunteers),

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ab) sections 38B and 38C (police powers for civilian employees under collaboration agreements),

(b) section 39 (police powers for contracted-out staff),

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) section 46 (offences),

(f) section 47 (interpretation), ...

(fa) Schedule 3B (designations under section 38),

(fb) Schedule 3C (designations under section 38: additional powers and duties), and

(g) Schedule 4 (powers exercisable by contracted-out staff).

(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,

(d) the provisions shall have effect as if a reference to a constable were a reference to a constable of the Police Force,

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) Schedules 3C and 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.

Terms of employment

29

(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;

(d) require compliance with rules or principles specified or to be specified in another document.

Trade union membership

30

(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

(1) A constable of the Police Force shall have all the powers and privileges of a constable—

(a) on track,

(b) on network,

(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

(3) Those things are—

(a) track,

(b) a network,

(d) a light maintenance depot, and

(e) a railway vehicle.

(4) In this section “powers” includes powers under an enactment whenever passed or made.

Prosecution

32

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

Police services agreement

33

(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

(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);

Compulsory police services agreement

34

(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.

Arbitration by Secretary of State

35

(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

Police regulations: general

36

(1) The Authority may make regulations about the government, administration and conditions of service 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.

(1A) To the extent that subsection (1) concerns regulations made in pursuance of section 50(3A) of the Police Act 1996, or matters that could be dealt with by such regulations, the reference in subsection (1) to constables or other persons employed in the service of the Police Force includes former constables and other persons formerly employed in the service of the Police Force.

(2) 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).

(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.

Police regulations: special constables

37

(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.

Police regulations: cadets

38

(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.

British Transport Police Federation

39

(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.

Regulations: approval in draft

40

(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

(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.

Police regulations: direction to Authority

41

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

Police regulations by Secretary of State

42

(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

Regulations: further appeal

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Equipment regulations

44

(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.

Regulation of procedure and practice

45

(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

Conditions of service: Transport Police Conference

46

(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,

(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

(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).

Code of practice: Authority

47

(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.

Code of practice: Chief Constable

48

(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

Service outside Police Force

49

(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.

Planning

Policing objectives: Authority

50

(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,...

Policing objectives: Secretary of State

51

(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.

Railways policing plan

52

(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

(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

(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.

Performance targets

53

(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.

Performance directions

54

(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);

(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.

Three-year strategy plan

55

(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

(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

(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.

Information, &c.

Reports by Chief Constable

56

(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.

Annual report by Authority

57

(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

(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.

Other reports to Secretary of State

58

(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.

Statistics

59

(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;

(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.

Inquiry

60

(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 ”.

Inquiry: supplemental

61

(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

(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 ”.

Public consultation

62

(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,

(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;

Inspection

63

(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.

Action after adverse inspection report

64

(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.

Remedial direction

65

(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,

(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.

Action plan

66

(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;

(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,

(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.

Senior appointment: delegation of function

67

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).

Miscellaneous

Offences

68

(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.

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

69

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