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Railways and Transport Safety Act 2003

Human Rights assessment

180.This section potentially engages Article 1 (right to the peaceful enjoyment of possessions) of the European Convention on Human Rights. The right under Article 1 is qualified by Article 1(2), which says that:

“this shall not in any way impair the right of a state to enforce such laws as it deems necessary to control the use of property in accordance with the general interest, or to secure the payment of taxes or other contributions or penalties.”

181.The Government considers that the provisions of new section 43A are compatible with the Convention.

Section 106: Railway security services

182.This section extends to England, Wales and Scotland. It amends the Railways Act 1993 by adding a new section 121A.

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