Welcome back to the Chair, Mr. Hurst. We shall have withdrawal symptoms from the rigours of scrutinising the Bill next week when we are in our constituencies.

Clauses 34 to 39 would provide the British Transport police authority with the power to make non-statutory regulations for the British Transport police. Those are similar to regulations under the Police Act 1996. We are told that any such non-statutory regulations would require the prior approval of the Secretary of State. I was saying before we adjourned that the concerns that I wish to raise in regard to clause 40 are not dissimilar to those I raised in relation to clause 39.

Clauses 40 to 43 would allow the Secretary of State to make statutory regulations in relation to the British Transport police that mirror regulations in the 1996 Act. However, the Secretary of State would be required to consult the authority, the chief constable and staff associations if such regulations were to be made. Again, we are told that the Government do not envisage that that power would be used widely; that was set out in the former Department's consultation paper, ''Modernising the British Transport Police''. The clause provides an enabling power to make statutory regulations. Perhaps the Minister will tell us in what circumstances the clause would be invoked.

We are told that the power would be used sparingly, perhaps in circumstances in which the authority would be unable to make regulations itself. I do not understand what those circumstances would be, because I am not terribly well versed in the workings of the British Transport police. It would be helpful to have some guidance in that regard. Would the Strategic Rail Authority make such regulations under present provisions? Is this provision similar to that which currently exists? It would be helpful to know what the relevant circumstances might be.

I understand that the regulations would override any incompatible non-statutory regulations that were made by the authority. Presumably, the clause is related to clause 39 and others; perhaps the Minister will explain what that relationship might be. There is clearly a requirement for the Secretary of State to consult the authority, the chief constables and the staff associations. Presumably, under clause 39, the Minister will be in a position to confirm that, the

staff associations should take it as read that that consultation will also include the British Transport police federation. We are not involved in the consultation process. Perhaps the Minister will tell us what feedback he has had on the consultation, especially on the clause, from the British Transport Police Federation, the superintendents associations and the other staff associations.

The other related clauses set out what the nature of the regulations will be. Those regulations relate to the disciplinary procedures, equipment, procedures and practice of the British Transport police. I understand that the provisions are intended to mirror similar ones in the 1996 Act. What is the present situation? Would it be for the Strategic Rail Authority to make those regulations, or is the provision new? Is it consequential on the fact that, unlike the part-statutory, part-contractual basis for the British Transport police, the authority is being set up on a purely statutory basis? Does the clause replicate that?

It would be helpful if the Minister explained the relationship between the regulations under clause 40, and statutory regulations. I should perhaps note a difference, as clauses 38 and 39 relate to non-statutory regulations, and clause 40 relates to statutory regulations. I hope that the Minister will specify what the relationship is, and explain what the views of the respective bodies—the staff associations and the British Transport Police Federation—were at the time of the consultation paper.