British Transport Police (BTP)
BRIEFING PAPERNumber CBP 3119, 14 May 2019British Transport Police(BTP)By Jennifer BrownContents:1. Policing2. The British Transport PoliceAuthority3. A ‘National InfrastructurePolice’ force?4. Plans for reform to railwaypolicing in Scotland5. Personnel statisticswww.parliament.uk/commons-library intranet.parliament.uk/commons-library papers@parliament.uk @commonslibrary
s of BTP officersPowers outside the railwaysGeographic structurePolicing teamsCrime ReviewInspection of police effectiveness of the British Transport Police2.2.12.22.3The British Transport Police AuthorityBTPA responsibilitiesEvaluation of the BTPA effectivenessFunding the BTPHow does the BTPA raise funds?8899103.3.13.2A ‘National Infrastructure Police force’?Response from the BTP and the BTPAGovernment review of infrastructure policingHave plans to create an ‘National Infrastructure Police’ force stalled?121213144.4.14.2Plans for reform to railway policing in ScotlandDevolution of railway policing to the Scottish GovernmentThe Railway Policing (Scotland Act) 2017Developments since the passing of the Railway Policing (Scotland) Act 2017Arguments for and against the mergerInspectorate of Constabulary in Scotland strategic overview of the mergerEstimated costs of the merger15151516171818Personnel statisticsLong term trend in staffing numbersSpecial Police Officers2020204.34.45.Cover page image copyright: Image supplied courtesy of British Transport Police[cropped]
3Commons Library Briefing, 14 May 2019SummaryThe British Transport Police (BTP) is the police force for the railways. It provides a policingservice to Network Rail, rail and freight operators, their staff and their passengersthroughout England, Wales and Scotland. It is also responsible for policing the LondonUnderground System, the Docklands Light Railway, the Midland Metro tram system,Croydon Tramlink, Sunderland Metro, Glasgow Subway and Emirates AirLine.The BTP is unlike other police forces in the UK in that: it operates nationally across the entire railway network in Great Britain, it is primarily funded by the railway industry and not from the public purse and; unlike territorial police forces, which are the responsibility of the Home Office, theDepartment for Transport is responsible for the BTP.The BTP has been found to be a high performing force. It was rated ‘good’ by theinspectorate of constabulary in 2018. The inspection report noted that the BTP “comparesfavourably with the best performing Home Office forces at keeping people safe andreducing crime”. 1The British Transport Police Authority (BTPA)The British Transport Police Authority is a non-departmental public body sponsored by theDepartment for Transport. It is responsible for overseeing the BTP. The BTPA sets the BTP’slong-term policing strategy and annual policing plans. The BTPA raises funding from therailway industry for the cost of running the BTP and allocates those funds to it. In 2018/19the BTPA allocated funding of 313m to BTP.Staff numbersIn 2017/18 the BTP was staffed by around 3,080 police officers, 1,530 police staff and270 Police Community Support Officers. 2A ‘National Infrastructure Police force’?The 2015 Strategic Defence and Security Review contained proposals to explorecombining BTP with other infrastructure police forces. This policy was also mentioned inthe Conservative Party manifesto for the 2017 General Election. The Government hasbeen reviewing infrastructure policing, but it has yet to announce formal plans for thecreation of a ‘National Infrastructure Police Force’.BTP in ScotlandRailway policing is a devolved matter in Scotland. It is the policy of the Scottish NationalParty to integrate railway policing with regular policing in Scotland. The ScottishParliament passed the Railway Policing (Scotland) Act 2017 in August 2017. This Actprovided a statutory basis by which the BTPA could be abolished in Scotland and itsfunctions transferred to the Scottish Police Authority. The 2017 Act is seen as the ‘firststep’ in the process of integrating railway policing with regular policing in Scotland.Secondary legislation is needed to commence its provisions.Since the passing of the Act, plans to integrate the BTP in Scotland with Police Scotlandhave stalled. The policy has proven controversial with stakeholders in the railway industry.12HMICFRS, PEEL: Police effectiveness 2017: An inspection of British Transport Police 4-15 December 2017,July 2018British Transport Police, Statistical Bulletin 2017/18, section three
The Scottish Police force have also expressed concerns about the timetable for the merger.The Scottish Government is now conducting an exercise to find interim arrangements bywhich it could fully devolve railway policing in Scotland, but says it remains committed tointegrating the BTP in Scotland with Police Scotland.
5Commons Library Briefing, 14 May 20191. PolicingThe British Transport Police (BTP) is the police force for the railways,providing a policing service to Network Rail, rail and freight operators,their staff and their passengers throughout England, Wales andScotland. It is also responsible for policing the London UndergroundSystem, the Docklands Light Railway, the Midland Metro tram system,Croydon Tramlink, Sunderland Metro, Glasgow Subway and EmiratesAirLine.The BTP is unlike other police forces in the UK in that: it operates nationally across the entire railway network in GreatBritain, it is primarily funded by the railway industry and not from thepublic purse and; unlike regional police forces, which are the responsibility of theHome Office, the Department of Transport is responsible for theBTP.1.1 Powers of BTP officersSection 31 of the Railways and Transport Safety Act 2003 (as amended)provides BTP officers with the same powers as a police officer within allrailway property and outside railway property when related to railwaymatters. 3This gives the BTP a statutory right to enter tracks, networks, stations,light maintenance depots and railway vehicles. However, officers areunable to enter other private property unless invited, holding a warrant,or exercising some other right of entry. 4Powers outside the railwaysSection 100 of the Anti-terrorism, Crime and Security Act 2001 (asamended) gives BTP officers the powers and privileges of a constableoutside of the railways in certain circumstances; for instance, if aconstable from another police force requests assistance or wherewaiting for a constable from another force to act would frustrate orseriously prejudice the purpose of the intended action. 5Sections 75 and 76 of the Police Reform Act 2002 (as amended) alsoprovides BTP officers with certain powers. This provides BTP officerswith the power to remove truants within the railway jurisdiction andhand out fixed penalties for motoring offences. 63456S31, Railways and Transport Safety Act 2003 (as amended)Explanatory Notes to the Railways and Transport Safety Act 2003Explanatory Notes to the Anti-terrorism, Crime and Security Act 2001, 14 December2004, section 100Explanatory Notes to the Police Reform Act 2002, para 7. For more information onthe 2002 Act, see HC Library briefing paper RP 02/15, pp67-77
6British Transport Police (BTP)1.2 Geographic structureThe BTP is divided into three operational policing areas, eachlead by a senior police officer: B Division: East, South of England and Transport forLondon C Division: Pennine, Midlands, South West and Wales D Division: Scotland7In addition to the territorial divisions, the BTP maintains acentral office in London which is known as ‘A Division’.2014 territorial restructureIn April 2014, the BTP completed a restructure of itsterritorial divisions. 8 Seven policing divisions werereduced to three policing areas that exist today. 9 Therestructure contributed to 9 million in savings, whichwere reinvested in frontline services. 101.3 Policing teamsIn the 2017/18 financial year, the BTP conducted an exercise toreorganise its policing teams. 11 As a result, crimes reported in anydivision are now allocated to one of four types of team: The Major, Serious and Organised Crime (MSOC) unitinvestigates serious offences such as murder, rape, serious sexualassault and organised crime; The Criminal Investigation Department investigates crimes thatcause serious harm but are outside the remit of MSOC such asrobbery, and including dedicated officers investigating sexualoffences; Volume Crime teams investigate crimes that cause less harm butwhich happen more often than others, such as theft of passengerproperty and cycle crime; and Frontline Response and Neighbourhood Policing Teamsinvestigate crimes which cause less harm to victims and take lesstime to investigate, such as being drunk and disorderly andshoplifting. 12789101112BTP, Our structure and BTP, Divisional Commanders [last accessed 14 May 2019]IbidIbidBTP, Making a difference: Annual report 2013/14, p17BTP, Public consultation response report: Shape our future – a consultation on howBritish Transport Police should organise its criminal investigations business area,March 2017, p21BTP, Policing your journey: Annual Report 2015/16, p8
7Commons Library Briefing, 14 May 2019Crime ReviewThe new policing team structure came after an extensive period ofreview and consultation. An independent external ‘Crime Review’, andan internal review in response, took place in 2014. Proposals weredrawn up as a result of this process, but they proved controversial. 13 InApril 2016, the BTP decided to halt implementation of the Crime Reviewto allow for public consultation. 14 The consultation was opened inOctober 2016 and the BTP published its response in March 2017. 151.4 Inspection of police effectiveness of theBritish Transport PoliceIn July 2018, Her Majesty’s Inspectorate of Constabulary & Fire & RescueServices (HMICFRS) published a report following its inspection of theBTP in December 2017. HMICFRS conducts annual inspections of allpolice forces in England and Wales. In 2018, the BTP was given a scoreof ‘good’ for overall effectiveness. It scored ‘good’ in each of therelevant question areas: Preventing crime and tackling anti-social behaviour; Investigating crime and reducing reoffending; Protecting vulnerable people; Tackling serious and organised crime.The inspection report notes that the BTP “compares favourably with thebest performing Home Office forces at keeping people safe andreducing crime”. 1613141516BTP, Shape our future – a consultation on how British Transport Police shouldorganise its criminal investigations business area, 2016, p7BTP, Shape our future – a consultation on how British Transport Police shouldorganise its criminal investigations business area, October 2016BTP, Public consultation response report: Shape our future – a consultation on howBritish Transport Police should organise its criminal investigations business area,March 2017, p21HMICFRS, PEEL: Police effectiveness 2017: An inspection of British Transport Police4-15 December 2017, July 2018
8British Transport Police (BTP)2. The British Transport PoliceAuthorityThe British Transport Police Authority (BTPA) is an independent publicbody sponsored by the Depart for Transport. It oversees the BTP and isresponsible for raising and allocating its funding, setting its policingstrategy and monitoring the BTP’s progress against that strategy.The BTPA was established by Part 3 of the Railways and Transport SafetyAct 2003 (as amended). 17 The legislation modelled the BTPA on thePolice Authorities which, at the time, oversaw regional police forces.Police Authorities have since been abolished in England and Wales andreplaced with Police and Crime Commissioners by the Police Reform andSocial Responsibility Act 2011. 18The BTPA consists of fifteen authority members (including a Chair andDeputy Chair with specific duties) who make decisions collectively. TheSecretary of State for Transport appoints members of the BTPA basedon an individual’s experience and knowledge. Whilst the BTPA iscomprised of people with specific expertise and interests in aspects ofrailway policing it is not strictly representative of them. 19Some members of the BTPA have specific knowledge and interest ofmatters in England, Scotland and Wales. The Secretary of State forTransport consults their counterparts in Scotland and Wales whenappointing these members. 202.1 BTPA responsibilitiesBTPA’s responsibilities, as set out in the 2003 Act, are similar to those ofPolice and Crime Commissioners for territorial police forces. Theyinclude: Setting BTP’s strategy: the BTPA sets BTP’s medium to long termstrategy through a Strategic Plan (the latest Strategic Plan covers theperiod 2018-21). The annual Policing Plan contains BTPA’s prioritiesfor the year, the financial resources it expects to be available todeliver the plan and how it proposes to allocate those resources. TheAnnual Reports are published after the end of each financial yearand cover the policing of the railways in that year; BTP’s funding and budget: The BTP enters into agreements withthe railway industry which set out what services it will provide andhow much individual operators will pay the BTP to provide them (seesection 2.2 below). It determines the budget of the police force andallocates resources to individual departments;17181920For more information on the 2003 Act, see HC Library briefing paper RP03/06,pp32-39For more information on Police and Crime Commissioners, see HC Library briefingpaper SN6104Department for Transport, Policy paper: British Transport Police Authority andDepartment for Transport relationship framework, March 2018, para 8.1Ibid
9Commons Library Briefing, 14 May 2019 Appointments: BTPA is responsible for the recruitment of BTP’schief constable and other senior officers; Public consultation: the BTPA is required to periodically consultrepresentatives from the rail community (including passengers,workers and industry) for their views on the policing of the railways;and Regulation of the BTP: the BTPA may make regulations relating tothe governance, administration and conditions of those employedby BTP to reflect changes in regulations applying to other policeforces. 21 Such regulations must also be approved by the chiefconstable, staff associations and Secretary of State. 222.2 Evaluation of the BTPA effectivenessThe Coalition Government conducted a triennial review of the BTPA in2013/14. This was part of its policy to review the functions andefficiencies of every non-departmental public body every three years.The review found that the BTPA showed overall compliance with goodpractice on corporate governance and concluded that the BTPA shouldcontinue to exist in its current form. 23 However the review did raisesome concerns with the way in which the BTPA managed itsrelationship with the railway industry, though it recognised that theBTPA had made improvements in this area. 24In its 2014 report on Security on the Railway, the House of CommonsTransport Select Committee expressed concern that the BTPA was tooclose to the BTP. It concluded that the BTPA should be mindful of itsobligations to oversee the work of BTP and drive performance to avoidany perception that it is too close to the people to whom it is supposedto regulate. 252.3 Funding the BTPThe BTP is primarily funded by the companies that provide passenger,freight and infrastructure services on railways across England, Scotlandand Wales (i.e. the train operating companies, freight companies,Network Rail and London Underground). This is different to regionalpolice forces which are funded by taxpayers. The BTPA is responsible fornegotiating funding agreements with railway companies and allocatingthe funds to the BTP.2122242425Made under sections 50-52 of the Police Act 1996, as amendedBTPA, Duties and responsibilities [accessed 14 May 2019]Department of Transport, British Transport Police Authority Triennial Review2013/14, October 2014, Executive SummaryDepartment of Transport, British Transport Police Authority Triennial Review2013/14, October 2014, Executive SummaryTransport Committee, Security on the Railway (Fifth Report of Session 2014-15), HC428, 5 September 2014, para 9
10 British Transport Police (BTP)How does the BTPA raise funds?Police Service AgreementsSection 33 of the Railways and Transport Safety Act 2003 allows theBTPA to enter into Police Service Agreements (PSAs) with railwaycompanies. PSAs set out how much money is to be paid and thepolicing resource which BTP will provide in return.Section 33(4) of the 2003 Act requires the BTPA to proportionatelycharge its funders. 26 The BTPA uses a ‘cost allocation model’ to calculatethe financial contribution owed by individual train companies. Thismodel uses several data points (for example: track mileage, crime levels,passenger numbers and number of stations) to ensure that thecontribution of the individual operator is proportionate. 27London Underground AgreementPolicing for the London Underground network is funded by anindependent funding agreement and not under a PSA. The BTPAnegotiates policing requirements for the London Underground andcharges Transport for London (TfL) at full cost. 28Other forms of fundingTrain companies and infrastructure organisations may also requestadditional services outside of their PSA by entering into an enhancedPSA (EPSA) with the BTPA. 29The BTP sometimes receives specific Home Office grants to coverpolicing of the railways during exceptional events, such as the 2012London Olympics and 2011 riots. 302009 legal challenge to funding system changeFollowing the passing of the 2003 Act, the BTPA attempted to introduce a new charging model toreflect the requirements in section 33(4), effective from April 2007. However, two PSA holders broughta judicial review on the basis that section 33(4) does not entitle the BTPA to override the terms of theold PSAs without adequate notice. The claim was upheld in a judgment handed down in March 2009. 31As a result, those with PSAs based on the fixed proportion model were charged on that basis until 31March 2013. After 31 March 2013, all PSA holders were moved onto the new charging model. 3226272829303132s33(4) the Railways and Transport Safety Act 2003PQ 212323: British Transport Police: Lancashire, answered on 29 January 2019BTPA, British Transport Police Fund: Annual Report and Accounts for the year ending31 March 2018, p23, para 6.3IbidHer Majesty’s Inspectorate of Constabulary, British Transport Police’s response to thefunding challenge, 21 July 20142009 EWHC 460 (Admin)BTPA, The introduction of the new changing model: a review, 6 April 2010
11 Commons Library Briefing, 14 May 20192018/19 funding agreementThe BTPA has allocated a budget of 313m for 2018/19to the BTP. 33The authority committed to using 9m worth of reservesto offset a deficit between its income and spendingduring the financial year. The BTPA has cited theirdecision to limit increases in charges to its funders to RPIinflation as the cause of the deficit. 34The BTPA has a statutory duty to balance its income “asnearly as possible” with its expenditure in each financialyear. 35Efficiency programmeThe BTPA is committed to an efficiency programmeaiming to deliver 30million worth of savings by 2021. 36The efficiency programme is part of the BTPA’s ongoingwork to implement the recommendations of a 2011review of value for money in the rail industry. 37BTPA annual accounts 2018/19 msIncomePSAEPSATfL core incomeDrawdown from reservesTotalExpenditureHead OfficeLondonSouthern EnglandRest of England and WalesScotlandBTPATotal Consolidate its estate and reduce its energy bills; Reduce costs of frontline policing by managing resources betterand reducing overtime spend; Reduce its dependence on temporary labour; Rationalise its custody sites; Implement digital change to achieve efficiencies; Implement efficiencies in back office functions. 383435363738 137 56 45 6
British Transport Police (BTP) By Jennifer Brown Contents: 1. Policing. 2. The British Transport Police . Statistical Bulletin 2017/18, section three . integrating the BTP in Scotland with Police Scotland. 5 Commons Library Briefing, 14 May 2019 . 1. Policing The British Transport Police (BT
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