Clause 42 - Equipment regulations
Railways and Transport Safety Bill
2:45 pm
Mr John Spellar (Minister of State (Transport), Department for Transport; Warley, Labour)
The amendments ensure that the provisions in the Bill are clear regarding their application to the British Transport police in Scotland. Clauses 42 and 43 allow the Secretary of State to make regulations regarding the equipment used by the BTP and procedures and practices of the force. The regulations will ensure that the BTP conforms in those areas to other local police forces and can play a full role in the British police service. In particular, the clauses aim to facilitate co-operation between the police forces and joint operations.
Amendment Nos. 37 and 38 confirm that the regulations made under powers in the Police Act 1996 will have effect with regard to the British Transport police force throughout Great Britain. The 1996 Act also requires Her Majesty's inspectorate of constabulary to inspect and report to the Secretary of State on the efficiency and effectiveness of all Home Office police forces. Clause 60 now provides for the BTP to be inspected as a statutory duty by her Her Majesty's inspectorate of constabulary.
Previously, the British Transport police have not fallen under the statutory remit of the inspectorate, but every three years the BTP committee has invited the inspectorate to undertake detailed assessments of the operational performance and organisation of the transport police. The same standards used for Home Office police forces have been, and will continue to be, applied.
The inspectorate in England and Wales will continue to be responsible for inspections of the BTP as a whole. However, Her Majesty's inspectorate of constabulary for Scotland will be given a statutory duty to inspect the BTP and report to the Secretary of State in so far as the BTP operates in Scotland. The main difference between the BTP and the Home Office police forces will be that the authority will meet the full costs of the inspections. That is in line with other non-Home Office police forces, such as the Ministry of Defence police force, the United Kingdom Atomic Energy Authority constabulary and the Isle of Man police force. Inspections of Home Office police forces are centrally funded by the Government.
Amendment Nos. 39 and 40 ensure that, for inspections of the BTP in Scotland undertaken by Her Majesty's inspectorate of constabulary for Scotland, the authority pays Scottish Ministers, not the Secretary of State. That is because the constabulary is funded by Scottish Ministers.
I come now to amendments Nos. 45 to 47. There are numerous references to the British Transport police in current legislation, such as the Police
Reform Act 2002. They are listed under schedule 5. The references often refer to the BTP as a body that was established under the British Transport Commission Act 1949. The Bill gives a new statutory basis to the BTP and repeals the provisions creating the BTP in the 1949 Act. The schedule ensures that the references in current legislation to the BTP and the 1949 Act will be treated as references to the British Transport police force as established under part 3. It provides continuity.
Amendments Nos. 45 and 46 repeal changes made by the Anti-terrorism Crime and Security Act 2001 to the Police (Scotland) Act 1967, so that its impersonation offence applies to British Transport police constables. Similar and indeed wider provision for that offence is made under clause 65(2). The offence will now therefore apply to special constables, too, and to British Transport police constables in Scotland.
Amendment No. 47 ensures that references in the Police (Scotland) Act 1967 to the British Transport police are treated as references to the police force established under the Bill.