Clause 44 - Code of practice: authority
Railways and Transport Safety Bill
3:30 pm
Mr David Jamieson (Parliamentary Under-Secretary, Department for Transport; Plymouth, Devonport, Labour)
The Home Secretary may issue a code of practice concerning local police authorities in the discharge of their functions. For example, a code of practice currently exists regarding financial management in Home Office police authorities. The clause applies that code to the British Transport Police authority.
The British Transport Police authority is slightly different from other police authorities, reflecting its responsibility for a specialist railways police force funded by the railways industry. The financial base of local police authorities is rooted in local government, so it may be necessary for the Secretary of State to modify any code of practice issued by the Home Secretary under subsection (3) before it is applied to the British Transport Police authority.
The clause allows the Secretary of State to issue his own code of practice to the authority. That may be necessary because of differences between the British Transport Police authority and local police authorities, particularly the links that local police authorities have with local government structures.
Under subsection (1), a specific code would be issued to the British Transport police authority only if it were necessary in unusual circumstances. It would
normally be the case that the code as set out in part 3, which would be the modified code of the Home Office, would be that which would apply. Therefore, the code would come to the House only if the Secretary of State took the power to issue it.