Human Rights assessment Commentary on Sections Sections 33-35: Police Services Agreements
84.The BTP will continue to be funded by the railway industry. Certain operators will continue to be required to engage the police services of the BTP, while other operators will retain the choice. Section 33 provides for a system of Police Services Agreements ("PSAs"), that will act as the means by which the financial arrangements between the Authority and railway operators are calculated and set out. Section 34 gives the Secretary of State power to make orders requiring certain railway operators to enter into a PSA. Where an operator is required to enter into such an agreement but fails to do so, it will commit an offence if it then provides railway services, as defined in section 75(2).
85.Section 35 makes provision on disputes relating to PSAs. Similar provision is currently contained in the Railways Act 1993, paragraph 6(b) of the British Transport Police Force Scheme 1963(4), and associated non-statutory rules. Disputes will be determined by the Secretary of State or a person nominated by him, with section 35(7) providing a means of appeal to the High Court from the Secretary of State’s determination on a point of law.