121ARailway security services: approved providers

1

In this section “railway security service” means a process or activity carried out for the purpose of—

a

complying with a requirement of an instruction under section 119, or

b

facilitating a person’s compliance with a requirement of an instruction under section 119.

2

Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular railway security service.

3

The regulations may—

a

prohibit the provision of a railway security service by a person who is not listed in respect of that service;

b

prohibit the use or engagement for the provision of a railway security service of a person who is not listed in respect of that service;

c

create a criminal offence;

d

make provision about application for inclusion in the list (including provision about fees);

e

make provision about the duration and renewal of entries on the list (including provision about fees);

f

make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess;

g

make provision about removal from the list which shall include provision for appeal;

h

make provision about the inspection of activities carried out by listed persons;

i

confer functions on the Secretary of State or on a specified person;

j

confer jurisdiction on a court.

4

Regulations under subsection (3)(c)—

a

may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum,

b

may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and

c

may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person.

5

An instruction under section 119 may—

a

include a requirement to use a listed person for the provision of a railway security service;

b

provide for all or part of the instruction not to apply or to apply with modified effect where a listed person provides a railway security service.

6

Regulations under this section—

a

may make different provision for different cases,

b

may include incidental, supplemental or transitional provision,

c

shall be made by the Secretary of State by statutory instrument,

d

shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and

e

shall be subject to annulment in pursuance of resolution of either House of Parliament.