The Railway Safety Accreditation Scheme Regulations 2004

Regulation 7(3)

SCHEDULE POWERS EXERCISABLE BY ACCREDITED PERSONS

Power to issue fixed penalty notices

1.—(1) An accredited person whose accreditation specifies that this paragraph applies to him shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed or is committing a relevant fixed penalty offence in, on or in the vicinity of policed premises.

(2) Those powers are the following powers so far as exercisable in respect of a relevant offence—

(a) the power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988(1) (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835(2) (riding on a footway) committed by cycling;

(b) the powers of a constable in uniform to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001(3) (fixed penalty notices in respect of offences of disorder) except in respect of an offence under section 12 of the Licensing Act 1872(4) or section 91 of the Criminal Justice Act 1967(5);

(c) the power of a constable to give a penalty notice under section 444A of the Education Act 1996(6) (penalty notice in respect of failure to secure regular attendance at school of registered pupil);

(d) the power of an authorised officer of a local authority to give a notice under section 4 of the Dogs (Fouling of Land) Act 1996(7) (fixed penalty notices in respect of dog fouling);

(e) the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003(8) (penalty notice in respect of graffiti or fly-posting); and

(f) the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990(9) (fixed penalty notices in respect of litter).

(3) In this paragraph “relevant fixed penalty offence”, in relation to an accredited person, means an offence which—

(a) is an offence by reference to which a notice may be given to a person in exercise of any of the powers mentioned in sub-paragraph (2)(a) to (f); and

(b) is specified or described in that person’s accreditation as an offence he has been accredited to enforce.

(4) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(c), sub-paragraph (1) shall have effect as if for the words from “who he has reason to believe” to the end there were substituted “in, on or in the vicinity of policed premises who he has reason to believe has committed or is committing a relevant fixed penalty offence.”.

Power to require giving of name and address

2.—(1) Where an accredited person whose accreditation specifies that this paragraph applies to him has reason to believe that another person has committed a relevant offence in, on or in the vicinity of policed premises, he may require that other person to give him his name and address.

(2) A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(3) In this paragraph “relevant offence”, in relation to any accredited person, means an offence which is—

(a) a relevant fixed penalty offence for the purposes of any powers exercisable by the accredited person by virtue of paragraph 1; or

(b) an offence the commission of which appears to the accredited person to have caused—

(i) injury, alarm or distress to any other person; or

(ii) the loss of, or any damage to, any other person’s property;

but the accreditation of an accredited person may provide that an offence is not to be treated as a relevant offence by virtue of paragraph (b) unless it satisfies such other conditions as may be specified in the accreditation.

(4) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(c), sub-paragraph (1) of this paragraph shall have effect as if for the words “has committed a relevant offence in, on or in the vicinity of policed premises” there were substituted “in, on or in the vicinity of policed premises has committed a relevant offence”.

Power to require name and address of person acting in an anti-social manner

3.  An accredited person whose accreditation specifies that this paragraph applies to him shall, in, on or in the vicinity of policed premises, have the powers of a constable in uniform under section 50 of the Police Reform Act 2002 to require a person whom he has reason to believe to have been acting, or to be acting, in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998(10) (anti-social behaviour orders)) to give his name and address.

Alcohol consumption in designated public places

4.  An accredited person whose accreditation specifies that this paragraph applies to him shall, in, on or in the vicinity of policed premises, have the powers of a constable under section 12 of the Criminal Justice and Police Act 2001 (alcohol consumption in public places)—

(a) to impose a requirement under subsection (2) of that section; and

(b) to dispose under subsection (3) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in subsections (1) and (5) were references to the accredited person.

Confiscation of alcohol

5.  An accredited person whose accreditation specifies that this paragraph applies to him shall, in, on or in the vicinity of policed premises, have the powers of a constable under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997(11) (confiscation of intoxicating liquor)—

(a) to impose a requirement under subsection (1) of that section; and

(b) to dispose under subsection (2) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in subsections (1) and (4) (but not the reference in subsection (5) (arrest)) were references to the accredited person.

Confiscation of tobacco etc.

6.—(1) An accredited person whose accreditation specifies that this paragraph applies to him shall, in, on or in the vicinity of policed premises, have—

(a) the power to seize anything that a constable in uniform has a duty to seize under subsection (3) of section 7 of the Children and Young Persons Act 1933(12) (seizure of tobacco etc. from young persons); and

(b) the power to dispose of anything that a constable may dispose of under that subsection,

and the power to dispose of anything shall be a power to dispose of it in such manner as the relevant employer of the accredited person may direct.

(2) In this paragraph “relevant employer”, in relation to an accredited person, means the person with whom the chief constable has entered into arrangements under regulation 7(1).

Abandoned vehicles

7.  An accredited person whose accreditation specifies that this paragraph applies to him shall have all such powers in, on or in the vicinity of policed premises as are conferred on accredited persons by regulations made under section 99 of the Road Traffic Regulation Act 1984(13) (removal of abandoned vehicles).

Power to stop vehicle for testing

8.  A person whose accrediation specifies that this paragraph applies to him shall, in, on or in the vicinity of policed premises, have the power of a constable in uniform to stop a vehicle under subsection (3) of section 67 of the Road Traffic Act 1988(14) for the purposes of a test under subsection (1) of that section.

Power to stop cycles

9.—(1) Subject to sub-paragraph (2), a person whose accreditation specifies that this paragraph applies to him shall, in, on or in the vicinity of policed premises, have the power of a constable in uniform under section 163(2) of the Road Traffic Act 1988 to stop a cycle.

(2) The power mentioned in sub-paragraph (1) may only be exercised by that person in relation to a person who he has reason to believe has committed an offence under section 72 of the Highway Act 1835 (riding on a footway) by cycling.

Power to control traffic for the purposes of escorting a load of exceptional dimensions

10.—(1) A person whose accreditation specifies that this paragraph applies to him shall have, for the purpose of escorting a vehicle or trailer carrying a load of exceptional dimensions either to or from policed premises, the power of a constable engaged in the regulation of traffic in a road to—

(a) direct a vehicle to stop;

(b) make a vehicle proceed in, or keep to, a particular line of traffic; and

(c) direct pedestrians to stop.

(2) Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing to comply with directions of constable engaged in regulation of traffic in a road) shall have effect in relation to the exercise of those powers for the purpose mentioned in sub-paragraph (1) by a person whose accreditation specifies that this paragraph applies to him as if the references to a constable engaged in regulation of traffic in a road were references to that person.

(3) In this paragraph “vehicle or trailer carrying a load of exceptional dimensions” means a vehicle or trailer the use of which is authorised by an order made by the Secretary of State under section 44(1)(d) of the Road Traffic Act 1988.

Power to issue fixed penalty notices for offences on the railway

11.  An accredited person whose accreditation specifies that this paragraph applies to him shall, in, on or in the vicinity of policed premises, have the powers of a constable in uniform and of an authorised constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices in respect of offences of disorder) in respect of the following offences—

(a) an offence under section 55 of the 1949 Act (trespassing on a railway); and

(b) an offence under section 56 of that Act (throwing stones etc. at trains or other things on railways).

(1)

1988 c. 53.

(2)

1835 c. 50.

(3)

2001 c. 16.

(4)

1872 c. 94.

(5)

1967 c. 80.

(6)

1996 c. 56.

(7)

1996 c. 20.

(8)

2003 c. 38.

(9)

1990 c. 43.

(10)

1998 c. 37.

(11)

1997 c. 33.

(12)

1933 c. 12.

(13)

1984 c. 27.

(14)

1988 c. 52.