Part 3

British Transport Police

Police Services Agreements

Police services agreement
33
1
The Authority may enter into an agreement under this section (to be known as a police services agreement) with any person (“the customer”) which provides—
a
for the Police Force to police a railway or railway property in connection with which the customer provides railways services, in accordance with the objectives, plans, targets and directions set under sections 50 to 55,
b
for the Police Force to provide such additional policing services as may be specified in the agreement, and
c
for such incidental or ancillary matters as the parties think appropriate.
2
The Authority may not enter into a police services agreement unless a draft is approved in writing by the Secretary of State.
3
A police services agreement shall include provision requiring the customer to make payments to the Authority, which may be payments of—
a
specified sums, or
b
sums assessed in a specified manner (which may include reference to amounts paid, or expected to be paid, by the Authority).
4
In determining the terms in a police services agreement of provision about payment the Authority shall aim to ensure that—
a
in each financial year the expenses of the Authority, including those incurred in defraying the expenses of the Police Force, are as nearly as possible equivalent to the income of the Authority, and
b
the amount of the contribution to the expenses of the Authority made by each customer in a financial year approximately reflects the nature and extent of the functions likely to be undertaken in that year in accordance with the customer’s police service agreement.
5
But subsection (4) does not prevent the Authority from setting a customer’s contribution at a level which—
a
reflects a surplus of income over expenses in a previous financial year (whether or not relating wholly or partly to functions carried out in respect of the customer);
b
reflects a deficit in a previous financial year (whether or not relating wholly or partly to functions carried out in respect of the customer);
c
reflects the need to reserve funds for contingencies.
S. 33 in force at 1.7.2004 by S.I. 2004/1572, art. 3(p)