Railways and Transport Safety Act 2003

Part 1Investigation of Railway Accidents

1Meaning of “railway” and “railway property”

2Meaning of railway accident” and railway incident”

The Rail Accident Investigation Branch

5Assistance to others

Investigation by Branch

7Investigations

8Investigator’s powers

Investigation by industry

10Requirement to investigate

Accident regulations

11Accident regulations

12Crown application

Part 2Office of Rail Regulation

15Establishment

16Transfer of functions

Part 3British Transport Police

Police Authority

18The British Transport Police Authority

19Exercise of functions

20Establishment of Police Force

21Chief Constable

22Deputy Chief Constable

23Assistant Chief Constables

25Special constables

27Civilian employees

28Exercise of powers by civilians

29Terms of employment

30Trade union membership

Police Services Agreements

33Police services agreement

34Compulsory police services agreement

35Arbitration by Secretary of State

Regulation of Police Force

36Police regulations: general

37Police regulations: special constables

38Police regulations: cadets

39British Transport Police Federation

40Regulations: approval in draft

41Police regulations: direction to Authority

42Police regulations by Secretary of State

43Regulations: further appeal

44Equipment regulations

45Regulation of procedure and practice

46Conditions of service: Transport Police Conference

47Code of practice: Authority

48Code of practice: Chief Constable

49Service outside Police Force

50Policing objectives: Authority

51Policing objectives: Secretary of State

52Railways policing plan

53Performance targets

54Performance directions

55Three-year strategy plan

Information, &c.

56Reports by Chief Constable

57Annual report by Authority

58Other reports to Secretary of State

61Inquiry: supplemental

62Public consultation

64Action after adverse inspection report

65Remedial direction

67Senior appointment: delegation of function

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

70International assistance

71Exercise of functions by Secretary of State

72Crown application

73Consequential, transitional and incidental provision

74Regulations and orders

75Interpretation

76Index of defined expressions

Part 4Shipping: Alcohol and Drugs

78Professional staff on duty

79Professional staff off duty

80Non-professionals

81Prescribed limit

83Specimens, &c.

84Detention pending arrival of police

85Arrest without warrant

86Right of entry

87Consequential repeal

88Orders and regulations

89Interpretation

90Crown application, &c.

91Territorial application

Part 5Aviation: Alcohol and Drugs

92Being unfit for duty

93Prescribed limit

94Aviation functions

96Specimens, &c.

97Arrest without warrant

98Right of entry

100Crown application

101Military application

102Territorial application

Part 6Miscellaneous

103Convention on International Carriage by Rail

104Office of Rail Regulation: general duties

105Railways safety levy

106Railway security services

107Road traffic: testing for drink and drugs

108Traffic regulation on long distance routes

109Road traffic: fixed penalty

110Seat belts: delivery drivers

111Highways: snow and ice

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

113Maritime security services

114Railways in London: transfers

115Railways in London: information

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

117Interpretation: enactment

120Commencement

SCHEDULE 1Office of Rail Regulation

1(1) The Office of Rail Regulation shall consist of a...

2The Secretary of State may dismiss a member of the...

3(1) The Office shall appoint a Chief Executive.

4(1) The Office may appoint other employees.

5Service as an employee of the Office is employment in...

6The Office may establish one or more committees (which may...

7The Office may delegate a function to—

8The Office shall— (a) determine arrangements for the conduct of...

9(1) The Office may do anything which it thinks necessary...

10The validity of any proceedings of the Office shall not...

11The Office may with the approval of the Secretary of...

12(1) This paragraph applies where an employee of the Office...

13If the Secretary of State thinks that special circumstances of...

14The Office may incur expenditure in connection with advisory or...

15Expenditure incurred by the Office in connection with the performance...

16The Office may not borrow money.

Conflict of interest

17(1) Before appointing a person as a member of the...

18(1) Procedural arrangements made by the Office under paragraph 8...

SCHEDULE 2Abolition of Rail Regulator: Consequential Amendments

Part 1Railways Act 1993 (c. 43)

1The Railways Act 1993 shall be amended as follows.

2Section 1 and Schedule 1 (the Rail Regulator) shall cease...

3Subject to the following paragraphs of this Schedule, in the...

4In section 7 (exemptions from section 6)—

5In section 8(4)(a) and (b) (licences) after “he” insert “...

6In section 9(3)(f) (conditions of licences) after “he” and “him”...

7In section 15(4A) (modification following report)— (a) omit “he or”,...

8In section 15C(3) (sections 15A and 15B: supplementary)—

9In section 20(3)(b) (exemption of railway facilities from sections 17,...

10In section 21(5) (model clauses for access contracts)—

11In section 55(5ZA)(a) (orders for securing compliance) for the second...

12In section 57A(5)(a) (penalties) for the second “it” substitute “...

13In section 57B (statement of policy)— (a) in subsection (3)...

14In section 74 (reports)— (a) in subsection (1) for “after...

15In section 76(5A) (matters referred to the Authority by the...

16In section 77(4A) (matters referred to the Authority by a...

17In section 151(1) (general interpretation) omit the definition of “the...

18In Part I of Schedule 6 (railway administration orders) for...

Part 2Other Acts

19In the following enactments for a reference to the Rail...

20In addition to the amendments effected by paragraph 19, the...

House of Commons Disqualification Act 1975 (c. 24)

21In Schedule 1 to the House of Commons Disqualification Act...

Channel Tunnel Rail Link Act 1996 (c. 61)

22In sections 21 and 22 of the Channel Tunnel Rail...

Greater London Authority Act 1999 (c. 29)

23For section 228(1) of the Greater London Authority Act 1999...

Financial Services and Markets Act 2000 (c. 8)

24In the table in Part I of Schedule 19 to...

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

1Section 16 shall not affect the validity of anything done...

2Anything done by or in relation to the Rail Regulator...

3Anything (including any legal proceedings) which at commencement is in...

4A reference in any enactment, instrument or other document to...

5(1) Section 16 is without prejudice to any personal right...

6Section 16 is without prejudice to any function, property, right...

7In this Schedule “commencement” means the coming into force of...

SCHEDULE 4British Transport Police Authority

Part 1Membership

1(1) The Secretary of State— (a) shall appoint the members...

2(1) The Secretary of State shall so far as is...

3(1) A member of the Authority shall hold and vacate...

Chairman and deputy chairman

4(1) The Secretary of State shall appoint a member of...

5(1) The Secretary of State may appoint a member of...

6The Secretary of State may not appoint as chairman or...

Disqualification

7(1) A person under the age of 21 shall not...

8If a member of the Authority becomes ineligible for appointment...

Part 2Proceedings

Standards of conduct

9(1) The Authority shall make a code of practice establishing...

10The Authority may— (a) appoint staff; (b) delegate a function...

11In particular, the Authority shall appoint— (a) a Treasurer with...

12The Authority may— (a) establish a committee (which may include...

13The Authority shall determine its practice and procedure (subject to...

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

Validity of proceedings

15The validity of proceedings of the Authority shall not be...

Part 3Money and property

The British Transport Police Fund

16The Authority shall establish a fund to be known as...

17The Authority shall— (a) maintain accounts of the British Transport...

17AThe Comptroller and Auditor General shall examine, certify and report...

18All expenditure of the Authority shall be made by way...

19(1) The Authority shall before each financial year set a...

20The Authority shall make an estimate of the likely ratio...

Members: remuneration, allowances, &c.

21(1) The Authority shall publish arrangements for the making of...

General staff: remuneration, allowances, &c.

22(1) The Authority may make payments to or in respect...

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

23(1) The Authority may make payments to or in respect...

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

25(1) The Authority may with the consent of the Secretary...

26The Authority may make payments— (a) under a scheme in...

27The Secretary of State may make a payment to the...

28The Authority may accept money or other property, by way...

29The Authority may borrow money only from or with the...

30All money received by the Authority shall be paid into...

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

32The financial year of the Authority shall be the period...

Part 4Miscellaneous

33(1) The Authority shall not be regarded as the servant...

SCHEDULE 5British Transport Police: Consequential Amendments>

British Transport Commission Act 1949 (c. xxix)

1Section 53 of the British Transport Commission Act 1949 (constables)...

Railways Act 1993 (c. 43)

2Sections 132 and 133 of (and Schedule 10 to) the...

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

3Paragraphs 6 and 25 of Schedule 7 to the Anti-terrorism,...

4(1) In the enactments specified in sub-paragraph (2) and, in...

SCHEDULE 6Convention on International Carriage by Rail

PROVISION WHICH MAY BE INCLUDED IN REGULATIONS MADE UNDER OR BY VIRTUE OF SECTION 103

1(1) In this Schedule “regulations” means regulations which are made—...

2Regulations may— (a) make provision enabling a right or duty...

Changes to Convention

3(1) Regulations may make provision about modification of the Convention...

4Regulations may make provision about the publication of—

Imposition of conditions

5(1) Regulations may specify conditions which must be satisfied before...

6(1) Regulations may provide a criminal or other sanction in...

Related legal proceedings

7(1) Regulations may make provision designed to prevent double recovery....

Enforcement of judgments

8(1) Regulations may make provision about the enforcement of judgments....

Special drawing rights

9(1) Regulations may make provision for the conversion of special...

10This Schedule is without prejudice to the generality of—

SCHEDULE 7Road Traffic: Testing for Drink and Drugs

1For section 6 of the Road Traffic Act 1988 (c....

2In section 7(3) of that Act (provision of specimen for...

3In section 9(1) of that Act (protection for hospital patients)—...

4In section 10(1) of that Act (detention of persons affected...

5In section 11 of that Act (interpretation)—

6In section 184(1)(f) of that Act (application of sections 5...

7In Schedule 1 to the Road Traffic Offenders Act 1988...

8In Schedule 2 to that Act (prosecution and punishment of...

9In section 34A(1D)(a) of the Army Act 1955 (c. 18)...

10In section 34A(1D)(a) of the Air Force Act 1955 (c....

11In section 12A(1D)(a) of the Naval Discipline Act 1957 (c....

12In section 34(6) of the Police and Criminal Evidence Act...

13In section 32(8)(a) of the Armed Forces Act 2001 (c....

SCHEDULE 8Repeals

Railways and Transport Safety Act 2003

2003 c. 20

An Act to make provision about railways, including tramways; to make provision about transport safety; and for connected purposes.

[10th July 2003]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1 C2

Annotations:

Modifications etc. (not altering text)

C1

Act excluded (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 62(4) (with s. 75)

C2

Act excluded (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 62(4) (with ss. 76, 84)