Explanatory note

This Order makes transitional and consequential provisions in relation to Part 3 (British Transport Police) of, and Schedule 4 (British Transport Police Authority) to, the Railways and Transport Safety Act 2003 (“the 2003 Act”).

This Order—

• makes provisions relating to the first meeting of the British Transport Police Authority (article 3);

• makes transitional provision whereby the budget set for the financial year beginning 1st April 2004, the objectives set for the financial year beginning 1st April 2004, the plan set for the financial year beginning 1st April 2004 and the strategic plan set for the period 2003 to 2006 by the old transport police committee (defined in article 2) are treated as having been set by the British Transport Police Authority (article 4) ;

• makes provision about the Chief Constable, the Deputy Chief Constable and Assistant Chief Constables of the British Transport Police Force (article 5);

• makes provision for the transfer of constables, special constables and civilian employees from the Strategic Rail Authority to the British Transport Police Authority (article 6);

• makes provision for the transfer of property, rights and liabilities from the Strategic Rail Authority to the British Transport Police Authority (article 7);

• makes provision for the determination of disputes relating to the transfer of staff or of property, rights and liabilities (article 8);

• makes provision for the transfer to the Authority of the employer’s obligations in relation to the British Transport Police Force Superannuation Fund, makes consequential amendments to the trust deed of that fund and requires the Authority to enter into a deed to establish a new section of the Railways Pension Scheme, to be known as the British Transport Police Shared Cost Section (article 9);

• makes provision for existing agreements for police services to continue to have effect and makes a consequential amendment to existing licences granted under Section 8 of the Railways Act 1993 (article 10);

• makes provision for existing agreements relating to rates of pay, hours of duty and conditions of service to apply to transferred staff, makes provision for the conditions under which special police constables will serve in the British Transport Police Force and makes transitional arrangements in relation to the British Transport Police Federation established under section 39 of the 2003 Act; (article 11); and

• makes consequential amendments (article 12).

Copies of the documents referred to in article 9(1) may be inspected at any reasonable time by prior appointment at the Department for Transport, Great Minster House, London SW1P 4DR (Telephone 0207 944 3946).

A regulatory impact assessment has not been produced for this statutory instrument. No regulatory impact assessment was made in respect of the provisions of the 2003 Act relating to the provisions being brought into force by this instrument. In paragraph 232 of the Explanatory Notes to the 2003 Act the additional administrative costs of a police authority of 13 members over the cost of the committee of 9 of the old transport police committee was estimated at £50,000 per annum. At the time of the making of this order the additional administrative costs were estimated at £300,000 per annum, with start up costs estimated at £563,000. These additional costs compare to the British Transport Police’s total budget of £162 million in the year 2004 to 2005. There is no additional direct public expenditure as the British Transport Police is funded by the railway industry.