Railways and Transport Safety Act 2003 (c. 20)

(The document as of February, 2008)

-- Back --

Page 7

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8

(b) Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments subject to jurisdiction),

(d) section 174 of the Consumer Credit Act 1974 (c. 39) (disclosure of information),

(e) section 10 of the Estate Agents Act 1979 (c. 38) (disclosure of information),

(f) section 19 of the Competition Act 1980 (c. 21) (disclosure of information),

(g) section 101 of the Telecommunications Act 1984 (c. 12) (disclosure of information),

(h) section 41A of the London Regional Transport Act 1984 (c. 32) (access contracts),

(i) section 74 of the Airports Act 1986 (c. 31) (disclosure of information),

(j) section 9E of the Company Directors Disqualification Act 1986 (c. 46) (disqualification for competition infringement),

(k) section 38 of the Consumer Protection Act 1987 (c. 43) (disclosure of information),

(l) Schedule 15 to the Water Industry Act 1991 (c. 56) (disclosure of information),

(m) Schedule 24 to the Water Resources Act 1991 (c. 57) (disclosure of information),

(n) Schedules 2 and 4 to the Deregulation and Contracting Out Act 1994 (c. 40) (sectoral regulators),

(o) sections 17, 21 and 22 of the Channel Tunnel Rail Link Act 1996 (c. 61) (rail legislation and regulator),

(p) section 54 of, Part I of Schedule 10 to and Schedule 11 to the Competition Act 1998 (c. 41) (regulators),

(q) sections 199, 200, 228(2) and (3) and 235 of, and paragraph 15 of Schedule 18 to, the Greater London Authority Act 1999 (c. 29),

(r) Schedule 7 to the Postal Services Act 2000 (c. 26) (disclosure of information),

(s) section 105 of the Utilities Act 2000 (c. 27) (disclosure of information),

(t) the following provisions of the Transport Act 2000 (c. 38)--

(i) section 206 (strategies),

(ii) section 216 (assumption of certain functions of Regulator),

(iii) paragraph 3 of Schedule 9 (disclosure of information),

(iv) paragraph 13 of Schedule 10 (disclosure of information),

(v) Part III of Schedule 17 (transfers to SRA from Regulator), and

(vi) Part II of Schedule 26 (transfers to SRA: tax), and

(u) sections 136 and 168 of the Enterprise Act 2002 (c. 40) (investigations and regulated markets).

20 In addition to the amendments effected by paragraph 19, the following enactments shall be amended as specified.

House of Commons Disqualification Act 1975 (c. 24)

21 In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)--

(a) in Part II (bodies of which all members are disqualified) at the appropriate place insert--

" The Office of Rail Regulation. " , and

(b) in Part III (other disqualifying offices) omit the entry relating to the Rail Regulator.

Channel Tunnel Rail Link Act 1996 (c. 61)

22 In sections 21 and 22 of the Channel Tunnel Rail Link Act 1996--

(a) for "he" and "him", where they refer to the Rail Regulator, substitute "it", and

(b) for "his", where it refers to the Rail Regulator, substitute "its".

Greater London Authority Act 1999 (c. 29)

23 For section 228(1) of the Greater London Authority Act 1999 (the heading to which becomes "PPP arbiter also Member of Office of Rail Regulation: duties of staff") substitute--

" (1) Subsections (2) and (3) shall apply while a member of the Office of Rail Regulation holds the office of PPP arbiter. "

Financial Services and Markets Act 2000 (c. 8)

24 In the table in Part I of Schedule 19 to the Financial Services and Markets Act 2000 (competition information) for the entry numbered 11 substitute--

" 11 The Office of Rail Regulation.

Any function of that office under a specified enactment. "

Section 16

SCHEDULE 3 Abolition of Rail Regulator: Savings, &c.

1 Section 16 shall not affect the validity of anything done by or in relation to the Rail Regulator before commencement.

2 Anything done by or in relation to the Rail Regulator which has effect at commencement shall, so far as necessary for continuing its effect after commencement, have effect as if done by or in relation to the Office of Rail Regulation.

3 Anything (including any legal proceedings) which at commencement is in the process of being done by or in relation to the Rail Regulator may be continued by or in relation to the Office of Rail Regulation.

4 A reference in any enactment, instrument or other document to the Rail Regulator shall, so far as necessary or appropriate in consequence of section 16, be treated after commencement as a reference to the Office of Rail Regulation.

5 (1) Section 16 is without prejudice to any personal right or liability of any person who held the office of the Rail Regulator.

(2) In particular, the Secretary of State may continue to make payments in accordance with arrangements made before commencement for or in respect of a pension for a person who held the office of the Rail Regulator.

(3) The Secretary of State may pay compensation to the last person who held the office of the Rail Regulator.

6 Section 16 is without prejudice to any function, property, right or liability of the International Rail Regulator.

7 In this Schedule "commencement" means the coming into force of section 16.

Section 18

SCHEDULE 4 British Transport Police Authority

Part 1 Membership

Appointment

1 (1) The Secretary of State--

(a) shall appoint the members of the Authority, and

(b) shall ensure that the number of members is an odd number neither lower than 11 nor higher than 17.

(2) The Secretary of State may by order amend sub-paragraph (1)(b) so as to substitute a different number for a number specified.

(3) An order under sub-paragraph (2) may not be made unless the Secretary of State has consulted the Authority.

2 (1) The Secretary of State shall so far as is reasonably practicable ensure that the membership of the Authority includes--

(a) at least four persons who have knowledge of and experience in relation to the interests of persons travelling by railway,

(b) at least four persons who have knowledge of and experience in relation to the interests of persons providing railway services,

(c) a person who has knowledge of and experience in relation to the interests of employees of persons providing railways services,

(d) a person nominated by the Strategic Rail Authority,

(e) a person who has knowledge of the interests of persons in Scotland and who is appointed following consultation with the Scottish Ministers,

(f) a person who has knowledge of the interests of persons in Wales and who is appointed following consultation with the National Assembly for Wales, and

(g) a person who has knowledge of the interests of persons in England.

(2) A person may be appointed so as to satisfy, or to contribute to satisfying, more than one paragraph of sub-paragraph (1).

(3) But a person may not be appointed so as to--

(a) contribute to satisfying sub-paragraph (1)(b), and

(b) satisfy sub-paragraph (1)(c).

(4) In appointing members of the Authority the Secretary of State shall have regard to the desirability of appointing persons who have experience of and have shown capacity in relation to matters relevant to the policing of the railways.

Tenure

3 (1) A member of the Authority shall hold and vacate office in accordance with the terms of his appointment (subject to the provisions of this Schedule).

(2) A member of the Authority may resign by notice to the Secretary of State, which must be--

(a) in writing, and

(b) copied to the Authority.

(3) The Secretary of State may dismiss a member of the Authority if--

(a) he is absent from meetings of the Authority during a period of more than three months without permission of the Authority,

(b) he is convicted of an offence, or

(c) the Secretary of State thinks that the member is unable, unfit or unwilling to perform his functions as a member (whether because of illness or otherwise).

Chairman and deputy chairman

4 (1) The Secretary of State shall appoint a member of the Authority as its chairman.

(2) The chairman shall perform such functions as may be assigned to him by the Secretary of State.

5 (1) The Secretary of State may appoint a member of the Authority as its deputy chairman.

(2) The deputy chairman--

(a) may act for the chairman when he is unable to act or unavailable, and

(b) shall perform such other functions as may be assigned or delegated to him by the chairman.

6 The Secretary of State may not appoint as chairman or deputy chairman of the Authority a member who--

(a) is an officer or employee of a body which is required to enter into a police services agreement, or

(b) was nominated for membership by the Strategic Rail Authority.

Disqualification

7 (1) A person under the age of 21 shall not be eligible for appointment as a member of the Authority.

(2) A person shall not be eligible for appointment as a member of the Authority while he--

(a) is an officer or employee of the Authority,

(b) is a constable,

(c) is an officer or employee of a police authority within the meaning of section 101 of the Police Act 1996 (c. 16) (interpretation), or

(d) is an officer or employee of a police authority within the meaning of section 50 of the Police (Scotland) Act 1967 (c. 77) (interpretation).

(3) A person shall not be eligible for appointment as a member of the Authority if he is the subject of--

(a) a bankruptcy restrictions order (or interim order),

(b) a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under Part II of the Companies (Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I. 18)), or

(c) an order under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (disability imposed on revoking administration order under County Courts Act 1984).

(4) A person shall not be eligible for appointment as a member of the Authority if his estate has been sequestrated in Scotland or if, under Scots law, he has made a composition or arrangement with, or granted a trust deed for, his creditors.

(5) If a person is convicted of an offence for which he is sentenced to imprisonment for a term of at least three months, he shall not be eligible for appointment as a member of the Authority during the period of five years beginning with the date of the conviction.

8 If a member of the Authority becomes ineligible for appointment his membership shall lapse.

Part 2 Proceedings

Standards of conduct

9 (1) The Authority shall make a code of practice establishing standards for the conduct of members.

(2) The code of practice must make provision similar to that of the model code issued by the Secretary of State under section 50 of the Local Government Act 2000 (c. 22) (local government: conduct).

(3) Before making the code of practice the Authority shall--

(a) submit a draft to the Secretary of State, and

(b) obtain his approval of it.

Staff

10 The Authority may--

(a) appoint staff;

(b) delegate a function to staff.

11 In particular, the Authority shall appoint--

(a) a Treasurer with responsibility for ensuring the proper management of the Authority's finances, and

(b) a clerk with responsibilities, assigned by the Authority, similar to those of the head of a local authority's paid service under section 4 of the Local Government and Housing Act 1989 (c. 42).

Committees

12 The Authority may--

(a) establish a committee (which may include persons who are not members of the Authority);

(b) delegate a function to a committee established under paragraph (a).

Procedure

13 The Authority shall determine its practice and procedure (subject to the provisions of this Schedule).

14 (1) The Authority shall conduct its proceedings in public.

(2) The Authority--

(a) may disapply sub-paragraph (1) in respect of proceedings which the Authority thinks should be conducted in private, and

(b) may exclude a specified person from proceedings.

Validity of proceedings

15 The validity of proceedings of the Authority shall not be affected by--

(a) a vacancy in the membership,

(b) a vacancy in the office of chairman,

(d) the participation of a person whose membership has lapsed.

Part 3 Money and property

The British Transport Police Fund

16 The Authority shall establish a fund to be known as the British Transport Police Fund.

17 The Authority shall--

(a) maintain accounts of the British Transport Police Fund, and

(b) make arrangements to have the accounts for each financial year audited.

18 All expenditure of the Authority shall be made by way of payment out of the British Transport Police Fund.

Budget

19 (1) The Authority shall before each financial year set a budget of expected expenditure and income for the year.

(2) Before setting a budget the Authority shall consult--

(a) the Treasurer, and

(b) the Chief Constable.

(3) A budget must be set by a decision taken--

(a) by majority vote at a meeting of the Authority,

(b) with at least half of the members of the Authority voting in favour, and

(c) with at least half of the members who vote being neither officers of nor employed by a person who has entered into, or is required to enter into, a police services agreement.

(4) If the Authority has not immediately before a financial year complied with sub-paragraph (1) the Secretary of State may set a budget for the Authority for the year.

(5) Before setting a budget under sub-paragraph (4) the Secretary of State shall consult--

(a) each member of the Authority,

(b) the Treasurer, and

20 The Authority shall make an estimate of the likely ratio of customers' contributions in accordance with section 33(4)(b)--

(a) before and in relation to each consecutive period of five financial years, and

(b) at such other times and in relation to such other periods as the Authority think appropriate.

Members: remuneration, allowances, &c.

21 (1) The Authority shall publish arrangements for the making of payments to or in respect of members or former members whether by way of or in respect of--

(a) remuneration,

(b) allowances,

(d) compensation, or

(e) gratuity.

(2) The first arrangements published under this paragraph shall come into force--

(a) on being made, or

(b) at such later time as they may specify.

(3) Subsequent arrangements published under this paragraph shall come into force at the end of the period of 12 months beginning with the date of publication.

(4) Arrangements under this paragraph may not be made without the consent of the Secretary of State.

(5) Arrangements under this paragraph shall, in particular, provide that compensation may be paid by the Authority to a person who ceases to be a member only if the Secretary of State thinks it appropriate because of special circumstances.

(6) The Authority may make payments in accordance with arrangements published under this paragraph.

General staff: remuneration, allowances, &c.

22 (1) The Authority may make payments to or in respect of staff or former staff whether by way of or in respect of--

(a) remuneration,

(b) allowances,

(d) compensation, or

(e) gratuity.

(2) In this paragraph "staff" does not include a constable, cadet or civilian employee of the Police Force.

Constables, &c.: remuneration, allowances, &c.

23 (1) The Authority may make payments to or in respect of a person who is or has been a constable, cadet or civilian employee of the Police Force--

(a) in accordance with the terms of the person's appointment, and

(b) subject to any provision made by or under this Act.

(2) The Authority may make payments to or for a person who is or has been a constable of the Police Force in respect of proceedings brought against the person in relation to anything done or not done in the course of or in connection with his duties.

(3) The Authority may on the recommendation of the Chief Constable make a payment to a constable or cadet by way of reward for--

(a) exceptional diligence, or

(b) other specially meritorious conduct.

Pensions

24 (1) This paragraph applies in relation to any pension scheme which--

(a) had effect before the commencement of this Schedule principally or exclusively for the benefit of constables of the old transport police (within the meaning of section 73(3)), and

(b) has effect after the commencement of this Schedule (whether or not wholly or partly by virtue of an order under that section) principally or exclusively for the benefit of constables of the Police Force.

(2) The Secretary of State may by order vary--

(a) the terms of the scheme;

(b) arrangements relating to the operation of the scheme.

(3) An order under sub-paragraph (2) may, in particular--

(a) amend an instrument under which a scheme has effect;

(b) amend an instrument regulating a scheme;

(d) make provision about the exercise of functions under a scheme;

(e) confer a function (which may include a discretionary function) on the Secretary of State.

(4) An order under sub-paragraph (2) may not--

(a) make provision about--

(i) the persons who may participate in a scheme,

(ii) contributions by participants,

(iii) contributions by employers of participants,

(iv) the investment of assets, or

(v) the winding up of all or part of the scheme,

(b) prevent approval of a scheme under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 (c. 1) (retirement benefit schemes), or

(c) prevent a scheme from being a contracted-out scheme for the purposes of Part III of the Pension Schemes Act 1993 (c. 48) or of the Pension Schemes (Northern Ireland) Act 1993 (c. 49).

(5) Section 67(2) to (4) of the Pensions Act 1995 (c. 26) (restriction on power to alter pension scheme) shall apply to the power conferred by sub-paragraph (2) (except in so far as may be prescribed under section 67(5)(b) of that Act).

(6) Provision made under sub-paragraph (2) shall have effect only in so far as it is consistent with provision made under Schedule 11 to the Railways Act 1993 (c. 43).

(7) An order under sub-paragraph (2) may not be made unless the Secretary of State has consulted the trustees of any scheme to which the order relates.

25 (1) The Authority may with the consent of the Secretary of State arrange for the establishment of a pension scheme for the benefit of members or staff.

(2) A scheme established under sub-paragraph (1) may confer a function (which may include a discretionary function) on the Secretary of State.

(3) In this paragraph "staff" includes a constable, cadet or civilian employee of the Police Force.

26 The Authority may make payments--

(a) under a scheme in relation to which paragraph 24 applies;

(b) under a scheme which continues to have effect by virtue of or in accordance with an order under section 73(3);

(d) otherwise in respect of pensions for members, former members, staff or former staff.

Income

27 The Secretary of State may make a payment to the Authority--

(a) by way of grant (subject to such conditions, if any, as the Secretary of State may specify), or

(b) by way of loan (on such terms, as to interest or otherwise, as the Secretary of State may specify).

28 The Authority may accept money or other property, by way of grant, loan or otherwise, from any person (whether or not subject to conditions or terms).

29 The Authority may borrow money only from or with the consent (which may be general or specific) of the Secretary of State.

30 All money received by the Authority shall be paid into the British Transport Police Fund.

Property

31 The Authority may acquire, develop or dispose of property.

Financial year

32 The financial year of the Authority shall be the period of twelve months ending with 31st March.

Part 4 Miscellaneous

Status

33 (1) The Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) Property of the Authority shall not be regarded as property of or held on behalf of the Crown.

(3) Membership of or employment by the Authority is not employment in the civil service of the State.

Section 73

SCHEDULE 5 British Transport Police: Consequential Amendments

British Transport Commission Act 1949 (c. xxix)

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8

-- Back --

Stat