The British Transport Police (Transitional and Consequential Provisions) Order 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/1573 |
2004 No. 1573
TRANSPORT
The British Transport Police (Transitional and Consequential Provisions) Order 2004
21stJune 2004
1stJuly 2004
The Secretary of State, in exercise of the powers conferred upon him by sections 73(2), (3) and (4) and 74(1) of, and paragraph 24 of Schedule 4 to, the Railways and Transport Safety Act 2003(1), and having consulted in accordance with paragraph 24(7) of Schedule 4 to that Act and a draft of this Order having been laid before Parliament and approved by each House of Parliament, hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the British Transport Police (Transitional and Consequential Provisions) Order 2004 and shall come into force on 1st July 2004.
Interpretation
2. In this Order -
"the 2003 Act" means the Railways and Transport Safety Act 2003;
"the British Transport Police Force Scheme" means the scheme for the organisation of the transport police contained in the British Transport Police Force Scheme 1963(2); and
"the old transport police committee" means the British Transport Police Committee constituted under paragraph 4 of the British Transport Police Force Scheme.
First meeting of the Authority
3. - (1) The first meeting of the Authority shall be convened, and held at a place appointed, by the Chairman of the Authority.
(2) Notice of the first meeting shall be published at the place where the meeting is to be held.
(3) The notice to each member of the Authority to attend the first meeting shall be signed by the Chairman of the Authority.
(4) At the first meeting of the Authority the Chairman of the Authority shall appoint a clerk to the Authority who shall exercise any functions falling to be exercised by the clerk of the Authority in relation to the meeting.
(5) The procedures for the first meeting shall be determined by the Chairman of the Authority at the commencement of the meeting and, once determined, shall as far as practicable, apply to the remainder of the meeting.
Transitional provision about budget requirements and planning
4. - (1) For the purposes of the financial year beginning 1st April 2004 -
(a) the budget set by the old transport police committee for the financial year beginning 1st April 2004, in pursuance of its duties described in paragraph 4 of the British Transport Police Force Scheme, shall be deemed to have been set by the Authority in compliance with the requirements of paragraph 19 of Schedule 4 to the 2003 Act;(b) the objectives for policing the railways set by the old transport police committee for the financial year beginning 1st April 2004, in pursuance of its duties described in paragraph 4 of the British Transport Police Force Scheme, shall be deemed to have been set by the Authority in compliance with the requirements of section 50 of the 2003 Act;(c) the plan setting out the proposed arrangements for policing the railways issued by the old transport police committee for the financial year beginning 1st April 2004, in pursuance of its duties described in paragraph 4 of the British Transport Police Force Scheme, shall be deemed to have been issued by the Authority in compliance with the requirements of section 52 of the 2003 Act; and(d) the strategic plan for the period 2003 to 2006 issued by the old transport police committee, in pursuance of its duties described in paragraph 4 of the British Transport Police Force Scheme, shall be deemed to have been issued by the Authority in compliance with the requirements of section 55 of the 2003 Act.(2) The Authority shall make its first estimate of the likely ratio of customers' contributions referred to in paragraph 20 of Schedule 4 to the 2003 Act on or before 1st April 2006.
Transitional provision about the Chief Constable, the Deputy Chief Constable and Assistant Chief Constables
5. - (1) The person, having been appointed under paragraph 3(a) of the British Transport Police Force Scheme, who holds the office of chief constable of the old transport police on 30th June 2004 shall be treated as having been appointed Chief Constable of the Police Force by the Authority under sections 21(1) and (2) of the 2003 Act.
(2) The person, having been appointed under paragraph 3(e) of the British Transport Police Force Scheme, who holds the rank of deputy chief constable of the old transport police on 30th June 2004 shall be treated as having been appointed Deputy Chief Constable of the Police Force by the Authority under sections 22(1) and (2) of the 2003 Act.
(3) A person, having been appointed under paragraph 3(e) of the British Transport Police Force Scheme, who holds the rank of assistant chief constable in the old transport police on 30th June 2004 shall be treated as having been appointed Assistant Chief Constable of the Police Force by the Authority under sections 23(1) and (2) of the 2003 Act.
Constables, special constables and civilian employees
6. - (1) Subject to paragraphs (5) and (6), every person including every constable -
(a) who immediately before 1st July 2004 is employed by the Strategic Rail Authority;(b) whose employment is wholly or mainly concerned or connected with the policing of the railways; and(c) who, but for the provisions of this Order, would continue to be so employed,shall transfer to and become an employee of the Authority on 1st July 2004.
(2) Subject to paragraph (5) and (7), every special constable -
(a) who immediately before 1st July 2004 is serving in the old transport police; and(b) who, but for the provisions of this Order, would continue to so serve,shall transfer to and become a special constable of the Authority on 1st July 2004.
(3) The contract of employment between the Strategic Rail Authority and a constable or other person who is transferred to the Authority in consequence of paragraph (1) shall be deemed to have effect from 1st July 2004 as if it had been made between the Authority and that constable or other person.
(4) The service of a special constable who is transferred in consequence of paragraph (2) shall be deemed to have effect from 1st July 2004 as if he had been appointed to be a special constable by the Authority.
(5) Where there is a dispute between the Strategic Rail Authority and the Authority as to whether a person transfers to the Authority pursuant to paragraph (1) or a special constable transfers to the Authority pursuant to paragraph (2), that person or that special constable shall not so transfer and -
(a) the Strategic Rail Authority and the Authority may jointly appoint a person to determine the dispute in accordance with article 8; or(b) if the Strategic Rail Authority and the Authority are unable to agree that the dispute should be so determined or on the person to be appointed, either of them may request the Secretary of State to appoint such a person to determine the dispute in accordance with article 8.(6) The contract of employment between the Strategic Rail Authority and a constable or other person who is transferred to the Authority after a determination under article 8 shall be deemed to have effect from the date of that determination as if the contract of employment had been made between the Authority and that constable or other person.
(7) The service of a special constable who is transferred to the Authority after a determination under article 8 shall be deemed to have effect from the date of that determination as if that special constable had been appointed by the Authority.
(8) Where a person employed by the Strategic Rail Authority becomes an employee of the Authority by virtue of this article -
(a) for the purposes of Part XI of the Employment Rights Act 1996, he shall not be regarded as having been dismissed by the Strategic Rail Authority by virtue of the transfer; and(b) for the purposes of that Act, his period of employment with the Strategic Rail Authority counts as a period of employment with the Authority and the change of employment does not break the continuity of the period of employment.Transfer of property, rights and liabilities from the Strategic Rail Authority to the Authority
7. - (1) On or as soon as practicable after 1st July 2004 the Strategic Rail Authority and the Authority shall use their best endeavours to agree in writing -
(a) which property, rights and liabilities including rights and liabilities in connection with any pending legal proceedings it is fair and reasonable to transfer from the Strategic Rail Authority to the Authority to enable the Authority to carry out its functions; and(b) which of such property, rights and liabilities are to transfer on the date the agreement takes effect and which are to transfer on such later date as may be specified in the agreement.(2) An agreement under this article may -
(a) indicate those matters about which agreement is still to be reached;(b) provide for a variation in the transfer of property, rights or liabilities in circumstances specified in the agreement; and(c) provide for the apportionment of property, rights or liabilities between the Strategic Rail Authority and the Authority.(3) The property, rights and liabilities referred to in paragraph (1) shall transfer from the Strategic Rail Authority to the Authority on the date specified in the agreement referred to in that paragraph.
(4) Where there is a dispute between the Strategic Rail Authority and the Authority as to which property, rights and liabilities should be transferred -
(a) the Strategic Rail Authority and the Authority may appoint a person to determine the dispute in accordance with article 8; or(b) if the Strategic Rail Authority and the Authority are unable to agree that the dispute should be so determined or on the person to be appointed either of them may request the Secretary of State to appoint such a person to determine the dispute in accordance with article 8.(5) This article shall have effect and be binding on all other persons in relation to property, rights or liabilities to which it...
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