The Act
3.The Act confers railway policing powers on the Police Service of Scotland (“Police Scotland”) and the Scottish Police Authority (“SPA”) – and removes functions from the British Transport Police Authority (“BTPA”) and constables of the British Transport Police Force (“BTP”) – in preparation for the integration of the BTP in Scotland into Police Scotland.
4.Specifically, the Act:
	enables the SPA to enter into railway policing agreements (RPAs) with railway operators to provide for policing in respect of the railways and railway property; sets out arrangements for the referral of disputes concerning RPAs to the Scottish Ministers; and adjusts the functions of the chief constable of Police Scotland to take account of the fact that arrangements for railway policing will be dealt with by RPAs;
	creates an obligation on the SPA to: set up a formal mechanism for it and the chief constable to engage regularly with railway operators and relevant trade unions about railway policing; work with railway operators and the chief constable in order to agree on an annual basis how railway policing is to be carried out; and make arrangements to obtain the views of railway users and other interested persons about the policing of the railways and railway property in Scotland;
	confers a power on constables of Police Scotland to enter specified railway property;
	removes functions conferred on the BTPA and constables of the BTP by Part 3 of the Railways and Transport Safety Act 2003 in or as regards Scotland.
5.The Act is an initial part of a larger programme of work needed to integrate the BTP in Scotland into Police Scotland. That larger programme will include subordinate legislation made in exercise of powers under the Scotland Act 1998 to deal with issues such as the transfer of staff, property and liabilities and the conferral of cross-border railway policing functions.
6.Explanatory Notes on the various sections of the Act are below. A detailed explanation of the Act’s purpose can be found in the Policy Memorandum, which also sets out the policy intentions underpinning it and the relationship of the Act to the wider programme of work on the integration of railway policing.