Commentary on provisions of Act Section 46: British Transport Police: cross-border public authorities
This section designates the British Transport Police Authority, the Chief Constable of the British Transport Police, the deputy Chief Constable of the British Transport Police and the assistant Chief Constables of the British Transport Police ("the BTP Bodies") as cross-border public authorities for the purposes of the Scotland Act 1998 ("the 1998 Act"). The 1998 Act applies to BTP Bodies in the same way as it applies to any cross-border public authority specified in an Order in Council made under section 88(5) of 1998 Act (see section 46(3)), with one adjustment to ensure that this is the case.
	The designation of the BTP Bodies as cross-border public authorities will result in functions in relation to those bodies being modified immediately so that future appointments to the BTP bodies will only be able to be made in consultation with the Scottish Ministers. Other functions in relation to the BTP Bodies will similarly only be able to be exercised following consultation with the Scottish Ministers unless their effect in Scotland would be wholly in relation to reserved matters.
	The designation of the BTP Bodies as cross-border public authorities is envisaged as a first step in the process of devolving greater powers to the Scottish Government. An order could, if required, be made under section 89 of the Scotland Act 1998 to confer further or wider functions on the Scottish Ministers in relation to the BTP Bodies or to make other modifications to constitutional arrangements. In the event that the Scottish Parliament exercises the new legislative competence conferred by section 45 to remove the Scottish aspects of functions of, or relating to, the BTP Bodies, section 90 of the Scotland Act 1998 could then be used to transfer the property and liabilities of the cross-border public authority which will enable the transfer to take place in an orderly manner.
	To ensure that the Scotland Act 1998 applies to the BTP Bodies as it does to other cross-border public authorities section 46(2) provides for the reference in section 88(3) of the Scotland Act 1998 to "pre-commencement enactments" to be read as a reference to the Railways and Transport Safety Act 2003.