Part of Railways and Transport Safety Bill – in a Public Bill Committee at 2:30 pm on 13 February 2003.
Welcome to the Chair, Mr. Hurst. We are pleased, as always, to sit under your watchful eye.
The previous clauses provide a system whereby the authority can make regulations for the governance and operations of the British Transport police. Those regulations must be based on the equivalent regulations made by the Home Secretary, and have effect in respect of the Home Office police forces. The British Transport police regulations can differ from the Home Office regulations only when it is necessary to reflect the unique structure and circumstances of the British Transport police as a national railways police force.
By and large, the authority can, with the agreement of the British Transport police, create a modified version of the Home Office regulations that will apply to the force. The Secretary of State has the power to intervene and resolve any disputes in the unlikely event that the process breaks down. The Police Act 1996 established a system whereby the Home Secretary can make regulations for police forces, and it is important that that ability is retained in respect of the British Transport police.
There may be occasions when it is necessary for the Secretary of State to make regulations for the British Transport police, and it would be inappropriate for the authority to make them. For example, the Home Secretary has used his equivalent powers to amend the Police Regulations 1995, SI 1995/215, which provide the primary regulations for Home Office police forces. It may not be appropriate for the authority to
duplicate all those regulations and apply them to the British Transport police. Instead, the Secretary of State would use his general powers under the clause, and specific powers under clauses 20 to 22 regarding British Transport police senior officers, to reproduce the existing Home Office regulations and apply them to the senior staff of the British Transport police.
The hon. Member for Vale of York (Miss McIntosh) asked about the staff associations mentioned in clause 40(4)(c). The meaning of the term is set out in section 38, which we discussed this morning. I hope that that clarifies matters for the hon. Lady. She asked about the Home Office regulations. Those regulations are applied to the British Transport police through a mixture of conditions of service—partly made by the SRA, as the BTP's employer—force general orders, and the chief constable. That will change once the Bill comes into force.
The hon. Lady asked about the feedback from staff associations on clause 40. I am aware that the British Transport police federation's response to the consultation was to welcome the proposals. I am informed that the superintendents associations also agreed with the proposals.