Railways and Transport Safety Act 2003

JurisdictionE+W+S

31JurisdictionE+W+S

(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.

[F131AExercise of powers and privileges in ScotlandE+W+S

(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.]

[F231B.Exercise of functions in relation to children under the Scottish age of criminal responsibilityE+W+S

(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.]

32ProsecutionE+W+S

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.