Edinburgh Tram (Line Two) Act 2006

62Power to contract for police services

(1)Agreements may be made—

(a)between the authorised undertaker and the chief officer of police of any police force and the police authority; or

(b)between the authorised undertaker and the British Transport Police Authority,

for making available to the authorised undertaker for the purposes of the operation of its tramway undertaking the services of members of the police force or, as the case may be, members of the British Transport Police Force.

(2)Subject to subsection (3), any such agreement may be made on such terms as to payment or otherwise, and subject to such conditions, as the parties to the agreement think fit.

(3)Any agreement made under subsection (1)(b) with the British Transport Police Authority shall not be inconsistent with the provisions of sections 33 to 35 of the Railways and Transport Safety Act 2003 (c. 20) or any order made thereunder.

(4)Where such an agreement has been made between the authorised undertaker and the British Transport Police Authority, members of the British Transport Police Force may act, in accordance with the terms of the agreement, as constables in, or in the vicinity of any tramway premises or other facilities used in connection with the authorised tramway notwithstanding the provisions of the Railways and Transport Safety Act 2003 (c. 20) (which grants them jurisdiction in relation to railways and railway premises but not in relation to tramways or tramway premises in Scotland).

(5)In this section—

• “chief officer of police”, “police authority” and “police force” have the same meaning as in the Police (Scotland) Act 1967 (c. 77);

• the “British Transport Police Authority” means the police authority established under section 18 of the Railways and Transport Safety Act 2003 (c. 20) and organised under Schedule 4 to that Act; and

• the “British Transport Police Force” means the force established under section 20 of the Railways and Transport Safety Act 2003 (c. 20).