Railways and Transport Safety Act 2003

• Citation: 2003 c. 20
• Sections: 235

Section 1 Meaning of “railway” and “railway property”

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

Section 2 Meaning of railway accident” and railway incident”

(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;

(c) make provision about when an accident is to be treated as serious 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.

Section 3 Establishment

(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.

Section 4 General aims

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.

Section 5 Assistance to others

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.

Section 6 Annual report

(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;

(c) publication and other treatment of reports.

Section 7 Investigations

(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.

Section 8 Investigator’s powers

(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

(c) both.

(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.

Section 9 Regulations

(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;

(c) permit or require the Chief Inspector to appoint a person to conduct or participate in an investigation;

(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;

(c) require or permit the preparation and publication by the Branch of an interim report;

(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;

(c) require 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;

(c) confer jurisdiction on a court or tribunal.

Section 10 Requirement to investigate

(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

(c) may be varied or revoked by a further direction.

Section 11 Accident regulations

(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;

(c) confer jurisdiction on a court or tribunal.

Section 12 Crown application

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.

Section 13 Regulations

(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

(c) may include transitional, consequential or incidental provision.

(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.

Section 14 Extent

(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.

Section 15 Establishment

(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.

Section 15A Change of name

(1) The Secretary of State may by regulations make provision for the body established by section 15 to be known by a different name.

(2) Regulations under this section may amend this Act or any other enactment, whenever passed or made.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument which contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 16 Transfer of functions

(1) The functions of the Rail Regulator are hereby transferred to the Office of Rail Regulation.

(2) Subsection (1) applies to a function whether conferred by an enactment, by an agreement or otherwise.

(3) All property, rights and liabilities to which the Rail Regulator is entitled or subject at the coming into force of this section (including rights and liabilities relating to staff) are hereby transferred to the Office of Rail Regulation.

(4) The office of the Rail Regulator is hereby abolished.

(5) Schedules 2 (consequential amendments) and 3 (savings, &c.) shall have effect.

Section 17 Extent

This Part shall extend ... to—

(a) England and Wales, and

(b) Scotland , and

(c) Northern Ireland.

Section 18 The British Transport Police Authority

(1) There shall be a body corporate to be known as the British Transport Police Authority.

(2) Schedule 4 (which makes provision about the Authority) shall have effect.

(3) In this Part “ the Authority ” means the British Transport Police Authority.

Section 19 Exercise of functions

In performing its functions the Authority shall aim to ensure the efficient and effective policing of the railways and shall, in particular, have regard—

(a) to any objective set by the Authority under section 50,

(b) to any objective set by the Secretary of State under section 51,

(c) to any railways policing plan issued by the Authority under section 52,

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

Section 20 Establishment of Police Force

(1) The Authority shall secure the maintenance of an efficient and effective police force—

(a) to be known as the British Transport Police Force, and

(b) to police the railways.

(2) In particular, the Authority shall defray the expenses of the Police Force.

(3) In this Part “ the Police Force ” means the British Transport Police Force.

Section 21 Chief Constable

(1) The Authority shall appoint a Chief Constable of the Police Force.

(2) An appointment under subsection (1) may be made only—

(a) with the approval of the Secretary of State, and

(b) in accordance with regulations under section 36.

(3) In performing his functions the Chief Constable shall have regard to—

(a) any relevant code of practice issued or having effect under section 48,

(b) any relevant plan issued under section 52, and

(c) any relevant plan issued under section 55.

(4) The Secretary of State may make regulations about the suspension and removal of the Chief Constable.

(5) Regulations under subsection (4)—

(a) may apply (with or without modification) or make provision similar to a provision made by or under the Police Act 1996 (c. 16),

(b) may confer a function on the Secretary of State (which may include a discretionary function or a function of requiring the Authority to act),

(c) may permit the Secretary of State to delegate a function or to confer a function (which may include a discretionary function) on a person or group, and

(d) may make provision about costs.

(6) Regulations under subsection (4) which deal with a matter addressed by a provision made by or under the Police Act 1996 may differ from that provision only so far as necessary to reflect the structure and circumstances of the Police Force.

(7) Before making regulations under subsection (4) the Secretary of State shall consult—

(a) the Authority,

(b) the Chief Constable, and

(c) such other persons as he thinks fit.

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

Section 22 Deputy Chief Constable

(1) The Authority shall appoint a deputy Chief Constable of the Police Force.

(2) An appointment under subsection (1) may be made only—

(a) with the approval of the Secretary of State, and

(b) in accordance with regulations under section 36.

(3) The deputy Chief Constable may perform a function of the Chief Constable—

(a) while the Chief Constable is unable to act or unavailable,

(b) during a vacancy in the office of Chief Constable, or

(c) with the consent (which may be general or specific) of the Chief Constable.

(4) The power to act by virtue of subsection (3)(a) or (b) shall not be exercisable for a continuous period exceeding three months without the consent of the Secretary of State.

(5) The Secretary of State may make regulations about the suspension and removal of the deputy Chief Constable.

(6) Regulations under subsection (5)—

(a) may apply (with or without modification) or make provision similar to a provision made by or under the Police Act 1996 (c. 16),

(b) may confer a function on the Secretary of State (which may include a discretionary function or a function of requiring the Authority to act),

(c) may permit the Secretary of State to delegate a function or to confer a function (which may include a discretionary function) on a person or group, and

(d) may make provision about costs.

(7) Regulations under subsection (5) which deal with a matter addressed by a provision made by or under the Police Act 1996 may differ from that provision only so far as necessary to reflect the structure and circumstances of the Police Force.

(8) Before making regulations under subsection (5) the Secretary of State shall consult—

(a) the Authority,

(b) the Chief Constable, and

(c) such other persons as he thinks fit.

Section 23 Assistant Chief Constables

(1) The Authority shall appoint at least one assistant Chief Constable.

(2) An appointment under subsection (1) may be made only—

(a) with the approval of the Secretary of State, and

(b) in accordance with regulations under section 36.

(3) The Authority may permit an assistant Chief Constable to perform a function of the Chief Constable—

(a) while the Chief Constable and the deputy Chief Constable are unable to act or unavailable, or

(b) during a vacancy in the offices of Chief Constable and deputy Chief Constable.

(4) Permission under subsection (3) may not have effect for a continuous period exceeding three months without the consent of the Secretary of State.

(5) The Secretary of State may make regulations about the suspension and removal of an assistant Chief Constable.

(6) Regulations under subsection (5)—

(a) may apply (with or without modification) or make provision similar to a provision made by or under the Police Act 1996 (c. 16),

(b) may confer a function on the Secretary of State (which may include a discretionary function or a function of requiring the Authority to act),

(c) may permit the Secretary of State to delegate a function or to confer a function (which may include a discretionary function) on a person or group, and

(d) may make provision about costs.

(7) Regulations under subsection (5) which deal with a matter addressed by a provision made by or under the Police Act 1996 may differ from that provision only so far as necessary to reflect the structure and circumstances of the Police Force.

(8) Before making regulations under subsection (5) the Secretary of State shall consult—

(a) the Authority,

(b) the Chief Constable, and

(c) such other persons as he thinks fit.

Section 24 Constables

(1) The Authority shall appoint and employ constables of the Police Force.

(2) A constable of the Police Force shall be under the direction and control of the Chief Constable.

(3) Section 29 of the Police Act 1996 (attestation) shall apply to a constable of the Police Force appointed in England or Wales (with the omission of the words in paragraph (b) “having jurisdiction within the police area”).

(4) Section 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.

Section 25 Special constables

(1) The Chief Constable may appoint special constables of the Police Force.

(2) A special constable of the Police Force—

(a) shall be under the direction and control of the Chief Constable, and

(b) may be dismissed by the Chief Constable.

(3) Section 29 of the Police Act 1996 (c. 16) (attestation) shall apply to a special constable of the Police Force appointed in England or Wales (with the omission of the words in paragraph (b) “having jurisdiction within the police area”).

(4) Section 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,

(c) a reference to the police fund were a reference to the British Transport Police Fund,

(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.

Section 26 Cadets

(1) The Chief Constable may appoint cadets to undergo training with a view to becoming constables of the Police Force.

(2) A cadet of the Police Force—

(a) shall be under the direction and control of the Chief Constable,

(b) may be dismissed by the Chief Constable, and

(c) shall be an employee of the Authority (subject to regulations under section 38).

Section 27 Civilian employees

(1) The Authority may employ persons to assist the Police Force.

(2) A person appointed under this section shall be under the direction and control of either the Chief Constable or the Authority, in accordance with his terms of employment.

(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.

Section 28 Exercise of powers by civilians

(1) The following provisions of the Police Reform Act 2002 (c. 30) shall apply in relation to the Police Force as they apply in relation to other police forces—

(a) section 38 (police powers for 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),

(c) section 42 (supplementary),

(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,

(c) the provisions shall have effect as if a reference to a police authority were a reference to the Authority,

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

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

(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.

Section 29 Terms of employment

(1) In relation to the terms and conditions of employment of constables and other persons employed in the service of the Police Force, the Authority shall comply with rules or principles contained in any document issued to them for the purpose by the Secretary of State.

(2) Rules or principles under subsection (1) may, in particular—

(a) require the adoption of specified scales or ranges of pay or allowances;

(b) require a specified class of employee to be treated for specified purposes in the same way as another specified class of employee (whether of the Authority or not) or office-holder;

(c) require the approval of the Secretary of State for changes in the policy or practice of the Authority;

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

Section 30 Trade union membership

(1) A constable or cadet of the Police Force may not be a member of a trade union (within the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)).

(2) Subsection (1) shall not prevent—

(a) membership of the British Transport Police Federation, or

(b) retention, with the consent of the Chief Constable, of a membership status acquired by a person before he joined the Police Force.

Section 31 Jurisdiction

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

(a) on track,

(b) on network,

(c) in a station,

(d) in a light maintenance depot,

(e) on other land used for purposes of or in relation to a railway,

(f) on other land in which a person who provides railway services has a freehold or leasehold interest, and

(g) throughout Great Britain for a purpose connected to a railway or to anything occurring on or in relation to a railway.

(2) A constable of the Police Force may enter property which is or forms part of anything specified in subsection (3)—

(a) without a warrant,

(b) using reasonable force if necessary, and

(c) whether or not an offence has been committed.

(3) Those things are—

(a) track,

(b) a network,

(c) a station,

(d) a light maintenance depot, and

(e) a railway vehicle.

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

Section 31A Exercise of powers and privileges in Scotland

(1) Where a constable of the Police Force exercises in Scotland any power or privilege of a constable, Parts 1 and 2 of the Criminal Justice (Scotland) Act 2016 (in this section “the 2016 Act”) apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland.

(2) For the purposes of subsection (1)—

(a) in section 64 of the 2016 Act (police custody), references to a person arrested by a constable are to be read as including a person arrested by a constable of the Police Force,

(b) section 69 of the 2016 Act (publication of information by police) does not apply.

Section 31B Exercise of functions in relation to children under the Scottish age of criminal responsibility

(1) The following apply, in Scotland, in relation to a constable of the Police Force as they apply in relation to a constable of the Police Service of Scotland—

(a) Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019 (in this section, “the 2019 Act”),

(b) any regulations made or guidance issued under that Part.

(2) Subsections (3) to (6) make further provision in relation to the application of Part 4 of the 2019 Act to constables of the Police Force.

(3) References in Part 4 of the 2019 Act (however expressed) to constables of a particular rank are to be read, in relation to action taken or proposed to be taken by constable of the Police Force, as references to a constable of the Police Force of the rank referred to.

(4) References in the following sections of the 2019 Act to the chief constable are to be read as including reference to the chief constable of the Police Force—

(a) section 29(2)(a),

(b) section 31(3)(a) and (5)(a),

(c) section 57(4)(a).

(5) The reference in section 33(1) of the 2019 Act to an enactment includes reference to an enactment which confers a power of the type described in that section on constables of the Police Force (whether or not the enactment also confers that power on constables of the Police Service of Scotland).

(6) The reference in section 75(2) of the 2019 Act to a constable is to be read as including reference to a constable of the Police Force.

Section 32 Prosecution

Where the Police Force investigates an offence in the course of the exercise of its functions, the Chief Constable may institute criminal proceedings in England and Wales in respect of the offence.

Section 33 Police services agreement

(1) The Authority may enter into an agreement under this section (to be known as a police services agreement) with any person (“ the customer ”) which provides—

(a) for the Police Force to police a railway or railway property in connection with which the customer provides railways services, in accordance with the objectives, plans, targets and directions set under sections 50 to 55,

(b) for the Police Force to provide such additional policing services as may be specified in the agreement, and

(c) for such incidental or ancillary matters as the parties think appropriate.

(2) The Authority may not enter into a police services agreement unless a draft is approved in writing by the Secretary of State.

(3) A police services agreement shall include provision requiring the customer to make payments to the Authority, which may be payments of—

(a) specified sums, or

(b) sums assessed in a specified manner (which may include reference to amounts paid, or expected to be paid, by the Authority).

(4) In determining the terms in a police services agreement of provision about payment the Authority shall aim to ensure that—

(a) in each financial year the expenses of the Authority, including those incurred in defraying the expenses of the Police Force, are as nearly as possible equivalent to the income of the Authority, and

(b) the amount of the contribution to the expenses of the Authority made by each customer in a financial year approximately reflects the nature and extent of the functions likely to be undertaken in that year in accordance with the customer’s police service agreement.

(5) But subsection (4) does not prevent the Authority from setting a customer’s contribution at a level which—

(a) reflects a surplus of income over expenses in a previous financial year (whether or not relating wholly or partly to functions carried out in respect of the customer);

(b) reflects a deficit in a previous financial year (whether or not relating wholly or partly to functions carried out in respect of the customer);

(c) reflects the need to reserve funds for contingencies.

Section 34 Compulsory police services agreement

(1) The Secretary of State may by order—

(a) require a person who provides railway services to enter into a police services agreement;

(b) require each member of a class of persons providing railway services to enter into a police services agreement.

(2) A person commits an offence if—

(a) he is subject to a requirement under subsection (1), and

(b) he provides railway services without having entered into a police services agreement in respect of the railway or railway property in connection with which he provides the services.

(3) A person who is guilty of an offence under subsection (2) shall be liable—

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

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

(4) The Authority shall take reasonable steps to facilitate compliance by a person with a requirement imposed under subsection (1).

(5) Before imposing a requirement on a person or class under subsection (1) the Secretary of State shall consult the person or each member of the class.

Section 35 Arbitration by Secretary of State

(1) This section applies to a dispute between the Authority and a person who has entered into a police services agreement, where the dispute is about the terms, construction or operation of the agreement.

(2) Either party to the dispute may refer it to the Secretary of State.

(3) The Secretary of State may—

(a) determine the dispute, or

(b) nominate a person to determine the dispute.

(4) The Secretary of State shall determine the procedure to be followed in determining a dispute under this section.

(5) In particular, the Secretary of State or nominated person shall give each party to the dispute an opportunity to make representations.

(6) In determining a dispute the Secretary of State or a nominated person may—

(a) give a declaration about how a provision of a police services agreement is to be construed or operated;

(b) vary the terms of a police services agreement;

(c) determine that one party is obliged in accordance with a police services agreement to pay a specified sum, or a sum to be assessed in a specified manner, to the other party;

(d) make an order about costs.

(7) Where a dispute is determined under this section—

(a) a party may appeal to the High Court on a point of law;

(b) the determination may, with the permission of the High Court, be enforced as if it were a judgment of the High Court (and may, in particular, be enforced by the use of powers in relation to contempt of court).

(8) Where it is agreed by the parties that Scots law applies to the police services agreement, a reference in subsection (7) to the High Court shall be treated as a reference to the Court of Session.

Section 36 Police regulations: general

(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.

Section 37 Police regulations: special constables

(1) The Authority may make regulations about the government, administration and conditions of service of special constables of the Police Force which—

(a) apply with or without modification regulations under section 51 of the Police Act 1996 (police force regulations);

(b) deal with matters that could be dealt with by those regulations.

(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.

Section 38 Police regulations: cadets

(1) The Authority may make regulations about the government, administration and conditions of service of cadets of the Police Force which—

(a) apply with or without modification regulations under section 52 of the Police Act 1996 (police force regulations);

(b) deal with matters that could be dealt with by those regulations.

(2) Regulations under this section which deal with a matter addressed by regulations under section 52 of that Act may differ from the regulations under that section only so far as necessary to reflect the structure and circumstances of the Police Force.

Section 39 British Transport Police Federation

(1) The Authority may make regulations about a body to be known as the British Transport Police Federation and having the function of representing persons employed in the service of the Police Force in matters affecting their welfare and efficiency except for questions about—

(a) the promotion of specified persons, or

(b) the discipline of specified persons (but this paragraph is subject to subsection (3)).

(2) Regulations under this section must make provision similar to that made by regulations under section 60 of the Police Act 1996 (police federations) subject to such modifications as may be necessary to reflect the structure and circumstances of the Police Force.

(3) Regulations under this Part may permit an official of the British Transport Police Federation to act for a person employed in the service of the Police Force in proceedings arising under the regulations.

(4) The British Transport Police Federation—

(a) may not become or remain connected with any other body without the approval of the Secretary of State (which may be given conditionally or unconditionally, and may be varied or withdrawn), but

(b) may employ in an administrative or advisory capacity a person who is not employed in the service of the Police Force.

Section 40 Regulations: approval in draft

(1) This section applies to regulations under section 36, 37, 38 or 39.

(2) The Authority may not make regulations unless a draft has been approved by—

(a) the Chief Constable,

(b) the staff associations, and

(c) the Secretary of State.

(3) The Secretary of State may on the application of the Authority dispense with a requirement for approval under subsection (2)(a) or (b) in respect of specified draft regulations.

(4) Before dispensing under subsection (3) with a requirement for a person’s approval the Secretary of State shall consult the person.

(5) In subsection (2)(b) “ the staff associations ” means such associations representing persons employed in the service of the Police Force as may be prescribed by order of the Secretary of State.

Section 41 Police regulations: direction to Authority

The Secretary of State may direct the Authority to—

(a) prepare draft regulations under section 36, 37, 38 or 39 for a specified purpose,

(b) submit them for approval under section 40(2) (whether or not as modified in accordance with section 40(3)), and

(c) make them if approved.

Section 42 Police regulations by Secretary of State

(1) The Secretary of State may by regulations make provision in relation to the Police Force in respect of any matter about which he could make regulations under section 50, 51, 52 or 60 of the Police Act 1996 (c. 16) (general regulations, special constables, cadets and police federations).

(2) Regulations under section 36, 37, 38 or 39 above shall have no effect in so far as they are inconsistent with regulations under this section.

(3) If regulations under this section make provision for a matter specified in section 50(3) or (3A) or section 51(2A) or (2B) of the Police Act 1996 (disciplinary proceedings), they must also make provision similar to that made by and under—

(a) sections 84 and 85 of that Act (representation etc. at disciplinary and other proceedings, and appeal), and

(b) Schedule 6 to that Act (appeals to police appeals tribunals).

(4) Before making regulations under this section the Secretary of State shall consult—

(a) the Authority,

(b) the Chief Constable, and

(c) the staff associations (within the meaning of section 40).

Section 43 Regulations: further appeal

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

Section 44 Equipment regulations

(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.

Section 45 Regulation of procedure and practice

(1) The Secretary of State may make regulations under section 53A of the Police Act 1996 (regulation of procedure and practice for purpose of facilitating inter-force co-operation) which have effect (whether wholly or partly and whether with modifications or not) in relation to the Police Force (including in relation to Scotland).

(2) For the purpose of regulations made by virtue of this section, section 53A shall have effect as if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a reference to chief officers of police included a reference to the Chief Constable, and

(c) a reference to a police force included a reference to the Police Force.

Section 46 Conditions of service: Transport Police Conference

(1) This section applies to action of any of the following kinds—

(a) the making by the Authority of regulations under section 36, 37 or 38 about the conditions of service of constables, special constables or cadets,

(b) the making by the Secretary of State of regulations under section 42 about the conditions of service of constables, special constables or cadets,

(c) the issuing by the Secretary of State of a document under section 29,

(d) the taking by the Authority of a decision about the conditions of service of constables, special constables or cadets, and

(e) the taking by the Secretary of State of a decision about the conditions of service of constables, special constables or cadets.

(2) Before taking action to which this section applies the Authority or the Secretary of State shall invite the British Transport Police Federation to nominate a number of individuals, not fewer than two nor more than five, to meet with an equal number of individuals nominated by the Authority to discuss the action proposed.

(3) Where a group is nominated under subsection (2) the person proposing to act shall, before acting—

(a) give the group an opportunity to make recommendations about the proposed action, and

(b) have regard to any recommendation made.

(4) Where the person proposing to act thinks that a group nominated under subsection (2) is unable to agree recommendations about the proposed action he shall, before acting—

(a) give the group an opportunity to nominate an individual who is not part of the group to make recommendations about the proposed action,

(b) give any person nominated by the group an opportunity to make recommendations about the proposed action, and

(c) have regard to any recommendation made.

(5) Where the person proposing to act thinks that a group nominated under subsection (2) is unable to agree a nomination under subsection (4)(a)—

(a) the Secretary of State may nominate a person to make recommendations about the proposed action, and

(b) the person proposing to act shall, before acting—

(i) give any person nominated under paragraph (a) an opportunity to make recommendations about the proposed action, and

(ii) have regard to any recommendation made.

(6) In subsections (4) and (5) a reference to agreement of a group nominated under subsection (2) is a reference to the agreement of—

(a) a majority of the individuals nominated by the British Transport Police Federation, and

(b) a majority of the individuals nominated by the Authority.

(7) In this section a reference to conditions of service includes a reference to any terms and conditions of employment (including pay and hours of duty).

Section 47 Code of practice: Authority

(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.