Railways and Transport Safety Act 2003

PlanningE+W+S

50Policing objectives: AuthorityE+W+S

(1)Before the beginning of each financial year the Authority shall set objectives for policing the railways during that year.

(2)The objectives—

(a)may relate to a matter addressed by objectives set by the Secretary of State under section 51, and

(b)must be consistent with those objectives.

(3)In setting the objectives for a year the Authority shall—

(a)consult the Chief Constable,[F1and]

(b)have regard to opinions expressed in accordance with section 62,F2...

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51Policing objectives: Secretary of StateE+W+S

(1)The Secretary of State may by direction to the Authority set objectives for policing the railways during a financial year.

(2)The Secretary of State shall publish a direction under this section.

(3)Before giving a direction under this section the Secretary of State shall consult—

(a)the Authority, and

(b)the Chief Constable.

(4)Before giving a direction under this section the Secretary of State shall consider any representations made to him by the Scottish Ministers on the matter of objectives for policing the railways in Scotland.

52Railways policing planE+W+S

(1)Before the beginning of each financial year the Authority shall issue a plan setting out the proposed arrangements for policing the railways during that year.

(2)The plan for a year must include a statement of—

(a)the Authority’s priorities for the year,

(b)the financial resources which the Authority expects to be available, and

(c)the proposed allocation of resources.

(3)The plan for a year must specify—

(a)any objective set by the Authority for that year under section 50,

(b)any objective by the Secretary of State for the year under section 51, and

(c)any performance target set by the Authority in relation to the achievement of an objective for that year (whether set under section 53 or otherwise).

(4)A plan for a year must be consistent with the relevant three-year strategy plan issued by the Authority under section 55.

(5)The Chief Constable shall submit to the Authority a draft plan for each financial year.

(6)Before issuing a plan which differs from the Chief Constable’s draft the Authority shall consult him.

[F3(7)In preparing a plan the Chief Constable and the Authority shall have regard to any guidance given by the Secretary of State about railways policing plans.

(7A)Before issuing or revising any guidance under subsection (7) the Secretary of State shall consult—

(a)the Authority,

(b)the Chief Constable, and

(c)such other persons as the Secretary of State thinks fit.]

(8)The Authority shall—

(a)publish each plan under this section, and

(b)send a copy of each plan under this section to the Secretary of State.

53Performance targetsE+W+S

(1)The Secretary of State may by direction to the Authority require it to set a target in relation to the achievement of an objective set under section 51.

(2)A direction may specify a condition which a target must satisfy.

(3)The Secretary of State shall publish a direction under this section.

(4)Before giving a direction under this section the Secretary of State shall consider any representations made to him by the Scottish Ministers on the matter of targets for policing the railways in Scotland.

54Performance directionsE+W+S

[F4(1)The Secretary of State may give a direction to the Authority—

(a)specifying factors (“performance indicators”) by reference to which the Authority's performance in exercising functions can be measured;

(b)specifying standards (“performance standards”) to be met by the Authority in relation to performance indicators specified under paragraph (a).

(1A)In specifying performance indicators and performance standards, and in deciding whether to do so, the Secretary of State shall aim to promote improvement of the way in which the functions of the Authority are exercised, having regard to a combination of economy, efficiency and effectiveness.

(1B)A direction under subsection (1) may specify different performance indicators or performance standards—

(a)for different functions;

(b)to apply at different times.

(1C)The Secretary of State may give a direction to the Authority requiring the Authority to—

(a)specify performance indicators in relation to functions;

(b)set targets for the performance of functions (“performance targets”) by reference to performance indicators specified under paragraph (a) or subsection (1)(a);

(c)set a plan of action to be taken for the purposes of meeting a performance target.]

(2)The Secretary of State shall publish a direction under this section.

(3)Before giving a direction the Secretary of State shall consult—

(a)the Authority, and

(b)any other person that he thinks appropriate.

55Three-year strategy planE+W+S

(1)The Authority shall before the beginning of each consecutive period of three financial years issue a plan[F5(“a three-year strategy plan”) ] which sets out the authority’s medium-term and long-term strategies for policing the railways during that period.

[F6(2)Before a three-year strategy plan for any period is issued by the Authority, a draft of a plan setting out medium-term and long-term strategies for policing the railways during that period must have been prepared by the Chief Constable and submitted by him to the Authority for its consideration.

(3)In preparing the draft plan, the Chief Constable shall have regard to opinions expressed in accordance with section 62.

(4)The Authority may modify a three-year strategy plan which it has issued for a particular period at any time during that period.

(5)The Secretary of State may—

(a)issue guidance to the Authority and to the Chief Constable as to—

(i)the matters to be contained in any three-year strategy plan, and

(ii)the form to be taken by any such plan,

and

(b)revise and modify that guidance from time to time.

(6)Before issuing or revising any guidance under subsection (5) the Secretary of State shall consult—

(a)the Authority,

(b)the Chief Constable, and

(c)such other persons as the Secretary of State thinks fit.

(7)When issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, the Authority or (as the case may be) the Chief Constable shall have regard to—

(a)any guidance issued by the Secretary of State under subsection (5),

(b)any objectives set by the Secretary of State under section 51 for a financial year falling within the period to which the plan relates,[F7 and ]

(c)any performance targets set by the Authority under section 53 relating to such objectives, F8...

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Where the Authority is proposing to issue or modify any plan under this section, it shall submit that plan, or the modifications, to the Secretary of State.

(9)Where the Authority issues a three-year strategy plan or modifies such a plan, it shall—

(a)send a copy of the plan or the modified plan to the Secretary of State, and

(b)cause the plan or modified plan to be published.

The copy of any modified plan sent to the Secretary of State and the publication of any modified plan must show the modifications, or be accompanied by or published with a document which sets them out or describes them.

(10)If the Secretary of State considers that there are grounds for thinking that—

(a)a three-year strategy plan, or

(b)any proposals by the Authority for such a plan, or for the modification of such a plan,

may not be consistent with any of the objectives, targets or priorities mentioned in subsection (7), he shall, before informing the Authority of his conclusions on whether or not the plan or the proposals are in fact so inconsistent, consult the Authority and the Chief Constable.

(11)The Authority shall consult the Chief Constable before—

(a)it issues a three-year strategy plan that differs in any material respect from the draft submitted to it by the Chief Constable, or

(b)it modifies its three-year strategy plan.

(12)The Secretary of State may by regulations make provision for the procedure to be followed on the submission to him of any plan or modifications for the purposes of this section.]