The Railway Safety Accreditation SchemeRegulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under powers contained in the Police Reform Act 2002 (“the 2002 Act”), empower the chief constable of the British Transport Police Force (“the Police Force”) to establish and maintain a railway safety accreditation scheme (“scheme”) in England and Wales. The scheme is modelled on the community safety accreditation schemes which, under section 40 of the 2002 Act, chief officers of Home Office police forces are permitted to establish and maintain. The purpose of the scheme is to accredit suitably skilled and trained non-police employees and grant them specific powers, which can be exercised within the jurisdiction of the Police Force. The scheme differs from community safety accreditation schemes for Home Office police forces only where this is necessary to meet the specific needs of the railways and the Police Force.

Regulation 3 permits the chief constable to establish and maintain a scheme for the purposes of contributing to railway safety and security, and assisting the Police Force in combating crime and disorder, public nuisance and other forms of anti-social behaviour. Regulations 4 to 6 set out the various requirements associated with the scheme including consultation, information to be included in any railways policing plan, and the arrangements to be made with appropriate employers.

Regulation 7 permits the chief constable to grant an accreditation to certain persons, sets out the procedure for granting an accreditation, and specifies the circumstances where such an accreditation shall cease to have effect. Regulation 8 sets out the supplementary provisions, including the requirements with regard to the identification of accredited persons, and that an accreditation may be modified or withdrawn. Regulation 9 sets out the various offences relating to assaulting, obstructing or impersonating accredited persons, and the maximum penalties for such offences.

The Schedule to the Regulations sets out the powers that may be made available to an accredited person, including in particular the powers of a constable in uniform and of an authorised constable to give fixed penalty notices for the offences contained in sections 55 and 56 of the British Transport Commission Act 1949 of trespassing on railways and throwing stones at trains or other things on the railway.