Legislation – Railway Policing (Scotland) Act 2017

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Power of entry in respect of railway property

3Power of entry in respect of railway property

After section 20 of the Police and Fire Reform (Scotland) Act 2012 insert—

“20AConstables: power to enter railway property

(1)

A constable may enter any railway property which is used for or in connection with the provision of railway services—

(a)

without a warrant, and

(b)

if necessary, using reasonable force.

(2)

For the purpose of this section, railway property is anything which is, or forms part of—

(a)

a track,

(b)

a network,

(c)

a station,

(d)

a light maintenance depot, or

(e)

a railway vehicle (located on or in anything in paragraphs (a) to (d)).

(3)

Nothing in this section confers on a constable the power to enter a dwelling.

(4)

For the purpose of this section, “railway services” and the expressions in paragraphs (a) to (e) of subsection (2) are to be construed in accordance with sections 82 and 83 of the Railways Act 1993 (interpretation).”.