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Railways and Transport Safety Act 2003

Human Rights assessment

104.The BTP provisions of this Act are considered to be compatible with the Convention. Although BTP constables will be given the right to enter "private" property such as railways stations and rail vehicles, which engages the Article 8 right to a private life and the Article 1 of the First Protocol right to the peaceful enjoyment of possessions, it is considered that any such interference is justified. The exercise of this power is limited to defined pieces of railways property, and is available to BTP constables so that they may ensure public safety, and prevent crime and disorder.

105.Certain persons, such as train companies, will be required by order made under provisions in this Act to enter in to PSAs with the new Authority, and under these agreements payment must be made to the Authority. This engages Article 1 of the First Protocol, which protects the economic interests of a person running a business. It is considered that any interference this obligation causes with this right can be justified on the basis that it is in the general interest that the railways are policed, and that if the Authority were not funded then it could not make provision for a police force for the railways.

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