Railway Policing (Scotland) Act 2017

Document Number:2017 asp 4
 
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The Bill for this Act of the Scottish Parliament was passed by the Parliament on 27 th June 2017 and received Royal Assent on 1 st August 2017

An Act of the Scottish Parliament to make provision about the arrangements for the Police Service of Scotland to police railways and railway property; and for connected purposes.

Arrangements for railway policing

1 Provision for policing of railways and railway property

(1) After section 85 of the Police and Fire Reform (Scotland) Act 2012 insert—

“CHAPTER 12 APOLICING OF RAILWAYS AND RAILWAY PROPERTY

Railway policing agreements

85 ARailway policing agreements

(1) The Authority may enter into a railway policing agreement (referred to in this Chapter as an “RPA”) with a railway operator.

(2) An RPA is an agreement relating to the policing of a railway or railway property which, in particular, includes provision requiring—

(a) the Police Service to police the railway or railway property in accordance with any agreement reached (or determination made) under section 85 K, and

(b) the railway operator to pay to the Authority such sums as the Authority may charge in respect of the policing which is to be (or has been) provided.

(3) The Authority must involve the chief constable in the negotiation of an RPA and the chief constable must provide the Authority with such assistance as it may reasonably require in that regard.

(4) Before entering into or varying an RPA under this section, the Authority must obtain the approval of the Scottish Ministers.

85 BAcceptable charging under an RPA

(1) The charges that the Authority may make under an RPA may—

(a) include amounts calculated by reference to expenditure which is incurred, or expected to be incurred, otherwise than directly in connection with the provision of the policing concerned, and

(b) take account of overpayments or underpayments in respect of previous financial years.

(2) Nothing in section 85 A or this section permits the making of any charge for policing which exceeds the cost of providing that policing.

85 CPower to require railway operators to enter into an RPA

(1) The Scottish Ministers may by regulations require—

(a) a railway operator, or

(b) railway operators of such description as may be specified in the regulations,

to enter into an RPA within such period (if any) as may be specified in the regulations.

(2) The Authority must take reasonable steps to enable a railway operator to comply with a requirement imposed by virtue of subsection (1).

(3) Before making regulations under subsection (1) , the Scottish Ministers must consult the railway operator or operators who are to be subject to the regulations.

Disputes

85 DReferral of disputes to the Scottish Ministers

(1) The Authority or a railway operator may refer a dispute falling within subsection (2) to the Scottish Ministers.

(2) The disputes which fall within this subsection are—

(a) a dispute where—

(i) the parties cannot agree the terms to be included in an RPA, and

(ii) the failure to agree is likely to cause (or has caused) a breach of a requirement imposed by regulations under section 85 C,

(b) a dispute about—

(i) whether an RPA should be varied, or

(ii) the terms of such a variation,

(c) a dispute about the construction or operation of an RPA.

85 EPreliminary powers of Scottish Ministers to resolve disputes

(1) This section applies where a dispute has been referred to the Scottish Ministers under section 85 D(1).

(2) Before appointing a person under section 85 F(2)(b) or (as the case may be) section 85 G(2) to determine the dispute, the Scottish Ministers may—

(a) require a party to the dispute to take such steps as the Scottish Ministers specify to resolve the dispute,

(b) make a determination that a party must make a payment in respect of any costs incurred by the Scottish Ministers, the other party or another person in connection with the taking...

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