Legislation – Railways and Transport Safety Act 2003

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Introduction

Part 1
Investigation of Railway Accidents

1 Meaning of “railway” and “railway property”

2 Meaning of railway accident” and railway incident”

3 Establishment

4 General aims

5 Assistance to others

6 Annual report

7 Investigations

8 Investigator’s powers

9 Regulations

10 Requirement to investigate

11 Accident regulations

12 Crown application

13 Regulations

14 Extent

Part 2
Office of Rail and Road

15 Establishment

15A Change of name

16 Transfer of functions

17 Extent

Part 3
British Transport Police

18 The British Transport Police Authority

19 Exercise of functions

20 Establishment of Police Force

21 Chief Constable

22 Deputy Chief Constable

23 Assistant Chief Constables

24 Constables

25 Special constables

26 Cadets

27 Civilian employees

28 Exercise of powers by civilians

29 Terms of employment

30 Trade union membership

31 Jurisdiction

31A Exercise of powers and privileges in Scotland

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

32 Prosecution

33 Police services agreement

34 Compulsory police services agreement

35 Arbitration by Secretary of State

36 Police regulations: general

37 Police regulations: special constables

38 Police regulations: cadets

39 British Transport Police Federation

40 Regulations: approval in draft

41 Police regulations: direction to Authority

42 Police regulations by Secretary of State

43 Regulations: further appeal

44 Equipment regulations

45 Regulation of procedure and practice

46 Conditions of service: Transport Police Conference

47 Code of practice: Authority

48 Code of practice: Chief Constable

49 Service outside Police Force

50 Policing objectives: Authority

51 Policing objectives: Secretary of State

52 Railways policing plan

53 Performance targets

54 Performance directions

55 Three-year strategy plan

56 Reports by Chief Constable

57 Annual report by Authority

58 Other reports to Secretary of State

59 Statistics

60 Inquiry

61 Inquiry: supplemental

62 Public consultation

63 Inspection

64 Action after adverse inspection report

65 Remedial direction

66 Action plan

67 Senior appointment: delegation of function

68 Offences

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

70 International assistance

71 Exercise of functions by Secretary of State

72 Crown application

73 Consequential, transitional and incidental provision

74 Regulations and orders

75 Interpretation

76 Index of defined expressions

77 Extent

Part 4
Shipping: Alcohol and Drugs

78 Professional staff on duty

79 Professional staff off duty

80 Non-professionals

81 Prescribed limit

82 Penalty

83 Specimens, &c.

84 Detention pending arrival of police

85 Arrest without warrant

86 Right of entry

87 Consequential repeal

88 Orders and regulations

89 Interpretation

90 Crown application, &c.

91 Territorial application

Part 5
Aviation: Alcohol and Drugs

92 Being unfit for duty

93 Prescribed limit

94 Aviation functions

95 Penalty

96 Specimens, &c.

97 Arrest without warrant

98 Right of entry

99 Regulations

100 Crown application

101 Military application

102 Territorial application

Part 6
Miscellaneous

103 Convention on International Carriage by Rail

104 Office of Rail Regulation: general duties

105 Railways safety levy

106 Railway security services

107 Road traffic: testing for drink and drugs

108 Traffic regulation on long distance routes

109 Road traffic: fixed penalty

110 Seat belts: delivery drivers

111 Highways: snow and ice

112 Shipping legislation: application to structures, craft, &c.

113 Maritime security services

114 Railways in London: transfers

115 Railways in London: information

Part 7
General

116 Schedules 1 and 4: sequestration, &c. in Scotland

117 Interpretation: enactment

118 Repeals

119 Money

120 Commencement

121 Extent

122 Short title

SCHEDULES

SCHEDULE 1 Office of Rail and Road

SCHEDULE 2 Abolition of Rail Regulator: Consequential Amendments

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

SCHEDULE 4 British Transport Police Authority

SCHEDULE 5 British Transport Police: Consequential Amendments>

SCHEDULE 6 Convention on International Carriage by Rail

SCHEDULE 7 Road Traffic: Testing for Drink and Drugs

SCHEDULE 8 Repeals

Changes to legislation:

There are currently no known outstanding effects for the Railways and Transport Safety Act 2003, SCHEDULE 5. Help about Changes to Legislation

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SCHEDULES

SCHEDULE 5British Transport Police: Consequential Amendments>

Section 73

British Transport Commission Act 1949 (c. xxix)

1

Section 53 of the British Transport Commission Act 1949 (constables) shall cease to have effect.

Railways Act 1993 (c. 43)

2

Sections 132 and 133 of (and Schedule 10 to) the Railways Act 1993 (transport police) shall cease to have effect.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

3

Paragraphs 6 and 25 of Schedule 7 to the Anti-terrorism, Crime and Security Act 2001 (amendment of s. 43 of Police (Scotland) Act 1967 and s. 90 of Police Act 1996) shall cease to have effect.

General

4

(1)

In the enactments specified in sub-paragraph (2) and, in so far as necessary in consequence of Part 3 of this Act, in any other enactment, legislative or other

instrument or document—

(a)

a reference (whether or not as the “British Transport Police Force”) to constables appointed under section 53 of

the British Transport Commission Act 1949 shall be treated as a reference to the British Transport Police Force established by Part 3 of this Act, and

(b)

a definition of the “British Transport Police Force” or the “British Transport

Police” shall cease to have effect.

(2)

The enactments referred to in sub-paragraph (1) are—

(a)

sections 11, 12, 17, 42 and 51 of the Police (Scotland) Act 1967 (c. 77)
(general provisions, &c.),

(b)

sections 54 and 57 of the Firearms Act 1968 (c. 27)
(Crown

application),

(c)

sections 35, 36, 63A and 118 of the Police and Criminal Evidence Act 1984 (c. 60)
(custody, &c.),

(d)

sections 2, 2A and 2B of the Ministry of Defence Police Act 1987 (c. 4)
(jurisdiction),

(e)

sections 54, 75, 87 and 89 of the Road Traffic Offenders Act 1988 (c. 53)
(fixed penalty),

(f)

sections 60 and 60AA of the Criminal Justice and Public Order Act 1994 (c. 33)
(stop and search, &c.),

(g)

section 64 of the Disability Discrimination Act 1995 (c. 50)
(Crown application),

(h)

sections 23, 24, 25, 30, 91 and 101 of the Police Act 1996 (c. 16)
(jurisdiction, &c.),

(i)

sections 6, 9, 46, 55, 90, 93 and 94 of the Police Act 1997 (c. 50)
(appointments, &c.),

(j)

sections 1 and 16 of the Crime and Disorder Act 1998 (c. 37)
(anti-social behaviour and truancy),

(k)

sections 34, F1…121 and 122 of the Terrorism Act 2000 (c. 11)
(powers),

(l)

section 100 of the Anti-terrorism, Crime and Security Act 2001 (c. 24)
(jurisdiction of transport police), and

(m)

sections 26, 43, 82 and 106 of the Police Reform Act 2002 (c. 30)
(co-operation, safety and nationality).