The Railway Safety Accreditation SchemeRegulations 2004

Citation and commencement

1.  These Regulations may be cited as the Railway Safety Accreditation Scheme Regulations 2004 and shall come into force on 26th April 2004.

Interpretation

2.  For the purposes of these Regulations—

“accredited person” means a person in relation to whom an accreditation under regulation 7 is for the time being in force;

“chief constable” means the chief constable of the Police Force;

“Police Force” means the constables of the British Transport Police Force appointed under section 53 of the 1949 Act;

“railway safety functions” means any functions the carrying out of which would be facilitated by the ability to exercise one or more of the powers mentioned in the Schedule to these Regulations;

“scheme” means a railway safety accreditation scheme established by virtue of these Regulations;

“the 1949 Act” means the British Transport Commission Act 1949(1);

“the British Transport Police Committee” means the British Transport Police Committee constituted under paragraph 4 of the British Transport Police Force Scheme; and

“the British Transport Police Force Scheme” means the scheme set out in the schedule to the British Transport Police Force Scheme 1963 (Approval) Order 1964(2).

Establishment and Maintenance of a Scheme

3.—(1) The chief constable may, if he considers it to be appropriate for the purposes set out in paragraph (2), establish and maintain a scheme.

(2) Those purposes are—

(a) contributing to railway safety and security; and

(b) in co-operation with the Police Force, combating crime and disorder, public nuisance and other forms of anti-social behaviour.

Consultation

4.  Before establishing a scheme, the chief constable shall consult with—

(a) the British Transport Police Committee;

(b) persons whom he considers to represent the interests of chief officers of police;

(c) persons whom he considers to represent the interests of police authorities;

(d) persons whom he considers to represent the interests of local authorities;

(e) persons whom he considers to represent the interests of the rail industry;

(f) persons whom he considers to represent the interests of rail passengers;

(g) the Mayor of London; and

(h) such other persons as he thinks fit.

Railways policing plan

5.  Any railways policing plan made under section 52 of the Railways and Transport Safety Act 2003(3) shall set out the proposed arrangements for the policing of policed premises during the year, and shall include a statement detailing—

(a) whether a scheme is being maintained;

(b) if not, whether there is any proposal to establish a scheme during the period to which the plan relates;

(c) where there is a proposal to establish a scheme during the period to which the plan relates, details of that proposal; and

(d) where a scheme has been established, details of any proposals to modify the scheme during the period to which the plan relates.

Arrangements with employers

6.—(1) A scheme must contain provision for the making of arrangements with an employer who—

(a) is in a transport police services agreement, made by virtue of paragraph 2A of the British Transport Police Force Scheme; or

(b) is carrying on business in relation to the whole or any part of policed premises,

for such an employer to supervise the carrying out by his employees of the railway safety functions which those employees are empowered to perform by virtue of an accreditation under regulation 7.

(2) It shall be the duty of the chief constable who establishes or maintains a scheme to ensure that the employers of those persons on whom powers are conferred by virtue of an accreditation under regulation 7 have established and maintain satisfactory arrangements for handling complaints relating to the carrying out by those persons of the functions for the purposes of which the powers are conferred.

Accreditation under a scheme

7.—(1) This regulation applies where the chief constable has, for the purposes of a scheme, entered into any arrangements with any employer for or with respect to the carrying out of railway safety functions by employees of that employer.

(2) The chief constable may, on the making of an application for the purpose by such person and in such manner as he might require, grant accreditation under this regulation to any employee of an employer described in regulation 6(1).

(3) The chief constable may confer upon any person granted accreditation under this regulation any of the powers listed in the Schedule.

(4) The chief constable shall not grant accreditation to a person under this regulation unless he is satisfied that—

(a) that person’s employer is a fit and proper person to supervise the carrying out of the functions for the purposes of which the accreditation is to be granted;

(b) the person himself is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation;

(c) that person himself is capable of effectively carrying out the functions for the purposes of which those powers are to be conferred on him; and

(d) that person has received adequate training for the exercise of those powers.

(5) A person authorised or required to do anything by virtue of an accreditation under this regulation—

(a) shall not be authorised or required by virtue of that accreditation to engage in any conduct otherwise than in the course of his employment by the employer with whom the chief constable has entered into the arrangements referred to in paragraph (1); and

(b) shall be so authorised or required subject to such other restrictions and conditions, if any, as may be specified in his accreditation.

(6) An accreditation granted under this regulation, unless it ceases to have effect in accordance with paragraph (7), shall remain in force for such period of time as shall be specified in the accreditation, and may be renewed at any time with effect from the time when it would otherwise expire.

(7) An accreditation granted under this regulation shall cease to have effect if—

(a) the accredited person ceases to be an employee of the person with whom the chief constable has entered into the arrangements referred to in paragraph (1);

(b) the arrangements between the chief constable and the employer are terminated or expire; or

(c) it is withdrawn in accordance with regulation 8(3).

Supplementary provisions relating to accreditations

8.—(1) A person who exercises any power in relation to any person in reliance on his accreditation under regulation 7, or who purports to do so, shall produce that accreditation to that person if requested to do so.

(2) A power exercisable by any person in reliance on his accreditation under regulation 7 shall be exercisable only by a person wearing such—

(a) uniform as may be—

(i) determined or approved for the purposes of these regulations by the chief constable; and

(ii) identified or described in the accreditation; and

(b) badge as may be specified from time to time for the purposes of this regulation by the Secretary of State, and worn in such manner, or in such place, as may be so specified.

(3) Subject to paragraph (4) the chief constable may at any time, by giving notice to the accredited person, modify or withdraw an accreditation granted to any person under regulation 7.

(4) Any such notice given under paragraph (3) shall include reasons for the modification or withdrawal of the accreditation.

(5) Where the chief constable has modified or withdrawn an accreditation granted under regulation 7 he shall send a copy of the notice given under paragraph (3) to the employer responsible for supervising that person in the carrying out of the functions for the purposes of which the accreditation was granted.

(6) For the purposes of determining liability for the unlawful conduct of employees of an employer with whom the chief constable has made an arrangement referred to in regulation 7(1), conduct by such an employee in reliance or purported reliance on an accreditation under regulation 7 shall be taken to be conduct in the course of his employment by that employer and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor.

Offences against accredited persons

9.—(1) Any person who assaults—

(a) an accredited person in the execution of his duty; or

(b) a person assisting an accredited person in the execution of his duty,

is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(2) Any person who resists or wilfully obstructs—

(a) an accredited person in the execution of his duty; or

(b) a person assisting an accredited person in the execution of his duty,

is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.

(3) Any person who, with intent to deceive—

(a) impersonates an accredited person;

(b) makes any statement or does any act calculated falsely to suggest that he is an accredited person; or

(c) makes any statement or does any act calculated falsely to suggest that he has powers as an accredited person that exceed the powers he actually has,

is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(4) In this regulation references to the execution by an accredited person of his duty are references to his exercising any power which is his by virtue of his accreditation.

Signed by authority of the Secretary of State for Transport

Tony McNulty

Parliamentary Under-Secretary of State,

Department for Transport

24th March 2004