Clause 39 allows the Secretary of State to direct the authority to make regulations regarding the British Transport police. In exceptional circumstances it may be necessary for the Secretary of State to instruct the authority to draft regulations for the British Transport police. We do not envisage that that power will be used regularly. There may be rare occasions when the authority is unable or unwilling to make regulations but the Secretary of State believes it is important for them to do so.

Regulations have to be approved by the chief constable and the staff associations, as well as by the Secretary of State; that is set out in clause 38. The Secretary of State is ultimately accountable for the authority, and he must have the power to direct it under certain circumstances. Under clause 38, the Secretary of State can dispense with the need to reach approval with the chief constable and staff associations, but we do not anticipate that that would happen frequently and we would certainly need to consult on that issue first. I am unable to give a list of those circumstances. The clause is there in the rare event that that power should be required.