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(1) TRANSPORT FOR LONDON

and

(2) BRITISH TRANSPORT POLICE AUTHORITY

PAN-LONDON POLICE SERVICES AGREEMENT

21389849
1
DATE 2014

PARTIES

1. TRANSPORT FOR LONDON of Windsor House, 42-50 Victoria Street,


London SW1H 0TL (TfL); and

2. BRITISH TRANSPORT POLICE AUTHORITY of The Forum, 74-80 Camden


Street, London NW1 0EG (BTPA).

BACKGROUND

A. The BTPA is responsible under section 20 of the Railways & Transport Safety
Act 2003 (the Act) for securing the maintenance of an efficient and effective
police force to be known as the British Transport Police Force (BTP) to
police the railways.

B. In accordance with section 33 of the Act, BTPA has agreed with TfL to make
available to TfL the services of BTP on the terms and conditions contained in
this Agreement.

C. The BTPA entered into the following agreements for the provision of core
policing services with railway operators engaged by TfL for the provision of
railway operations and services on the TfL network which will remain in force
notwithstanding this Agreement. Such agreements may from time to time be
amended or replaced by new agreements following a change in the relevant
railway operator

Type of Agreement Network Railway Operator


Agreement Dated

Core 9 October Docklands Light Docklands Railway


1997 Railway Management Ltd

Core 27 March Croydon Trams Tram Operations Ltd


2013

Core 9 May 2013 London London Overground Rail


Overground Operations Ltd

D. TfL holds certain licences (directly or through members of the TfL Group)
pursuant to section 8 of the Railways Act 1993 to be the operator of certain
railway assets being and is required pursuant to section 34 of the Act and
article 2(1) of the British Transport Police (Police Services Agreement) Order
2004 to enter into a police services agreement. This Agreement constitutes

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the police services agreement for the purposes of those railway assets, the
charges for which are included in the Contributions and in the Charges (as
defined below).

E. TfL (through its subsidiaries) holds the following licences:

London Underground Limited

(i) Network Licence

(ii) Passenger Licence

(iii) Station Licence

Rail for London Limited

(i) European passenger licence

(ii) GB passenger SNRP

(iii) Non-passenger train licence

(iv) Station licence

(v) Light maintenance depot licence

F. TfL holds an exemption from the requirement to hold a licence to be the


operator of certain other railway assets and so is not required pursuant to
section 34 of the Act to enter into a police services agreement in respect of
those assets but may do so pursuant to section 33 of the Act. This Agreement
constitutes a police services agreement for the purposes of those railway
assets, the charges for which are also included in the Contributions and in the
Charges (as defined below).

G. Section 33(2) of the Act provides that the BTPA may not enter into a police
services agreement unless a draft is approved in writing by the Secretary of
State for Transport (the Secretary of State).

H. The draft of this Agreement has been approved in writing by the Secretary of
State pursuant to section 33(2) of the Act.

I. The parties agree that this Agreement supersedes and replaces the following
agreements:

(i) Agreement dated 27 May 2002 between the Strategic Rail Authority
(1) London Regional Transport (2) and London Underground
Limited (3); and

(ii) Agreement dated 26 January 2012 between BTPA and Tubelines


Limited relating to enhanced policing services at Camden and
Stratford;

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but without prejudice to any accrued rights or obligations in respect of those
agreements.

J. The parties agree that nothing in this Agreement shall affect the terms of an
Agreement dated 28 June 2012 made between BTPA and Docklands Light
Railway Limited relating to enhanced policing services in connection with the
TfL cable car operating between Greenwich Peninsula and Royal Docks.

K. The parties acknowledge that at the time of entering into this Agreement the
BTPA is re-organising the BTP Personnel who will deliver the Policing Service
under this Agreement. The parties agree to enter into such further
agreements as may be appropriate to amend this Agreement to reflect the re-
organisation of the BTP Personnel.

OPERATIVE PROVISIONS

1. Interpretation

1.1 In this Agreement:

Agreement means this Agreement including its Annexes


and Schedules;

BTP means the British Transport Police Force;

BTPs Central means the following cost centres of the BTPA


Force Headquarters and the BTP:

(i) the Deputy Chief Constable (DCC);

(ii) corporate resources;

(iii) operations; and

(iv) territorial policing and crime.

as reorganised from time to time;

BTP Personnel means constables, police community support


officers and police staff of the BTP;

Budget Year means the period from 1st April in any calendar
year to 31st March in the following calendar year
during the term of this Agreement;

Charges means the sums to be paid by TfL to BTPA in


connection with the provision of Enhanced
Policing Services calculated in accordance with

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the Enhanced Policing Plan relating to that
service and the provisions of clause 7.2

Commencement means, in relation to any Policing Service, such


Date date as may be agreed between the parties in
respect of that service;

Compstat means a police performance management


process involving the collection and analysis of
data and information relevant to the delivery of
the Policing Services and the review of such
data and information at regular meetings to
assist the BTP to adopt effective tactics
including the appropriate deployment of
personnel and resources;

Confidential means all information (whether written or verbal)


Information that by its nature may reasonably be regarded
as confidential to either party, whether
commercial, financial, technical or otherwise,
and including information which relates to the
business affairs, customers, suppliers, products,
software, telecommunications, networks, trade
secrets, know-how or personnel of either party;

Contributions means the sums to be paid by TfL to the BTPA


in connection with the provision of Core Policing
Services calculated in accordance with the
clause 5;

Core Policing Plan has the meaning set out in clause 5;

Core Policing means services of the kind mentioned in section


Services 33(1)(a) of the Act and which are specified in
the Core Policing Plan;

Data means all data, information, text, drawings,


diagrams, images or sound embodied in any
electronic or tangible medium, and which are
supplied or in respect of which access is
granted to either party by the other under this
Agreement;

DCC means the Deputy Chief Constable Office and


his direct reports;

Default in relation to either party means any breach of


the material obligations of that party (including
but not limited to fundamental breach or breach
of a fundamental term) or any such breach by a
partys servants, agents or sub-contractors in

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connection with or in relation to the subject
matter of this Agreement and in respect of
which that party is liable to the other;

Default Notice means a notice served by either party on the


other under clause 17;

Emergency means any actual or threatened event or


combination of events which because of its
nature or magnitude justifies in the reasonable
opinion of the Operational Commander the
redeployment of BTP Personnel from the
delivery of Policing Services to the policing of
the event or events in question and such an
event shall include:

(i) an act of war;

(ii) an act of terrorism;

(iii) a fire, flood or other natural catastrophe;

(iv) an accident of exceptional magnitude


and severity;

(v) a riot or civil disturbance of exceptional


magnitude and severity;

Encumbrance means any right or interest of any third party,


including any mortgage charge, lien option
encumbrance, right of pre-emption or first
refusal or any agreement to create any such
right or interest;

Enhanced means BTP Personnel who are assigned to


Personnel provide an Enhanced Policing Service

Enhanced Policing means services of the kind mentioned in section


Services 33(1)(b) of the Act and which are specified in
the Enhanced Policing Plan;

Enhanced Policing Has the meaning set out in clause 7;


Plan

Greater London has the same meaning as that in section 2(1) of


the London Government Act 1963;

L Area the London Underground and DLR networks


from time to time and to be known, with effect
from 1 April 2014, as Division B Sub-division

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TfL;

L Area Direct means the costs described in Clause 5.5.1;


Costs
NPT means Neighbourhood Policing Teams being
BTP Personnel providing Enhanced Policing
Services and identified as being NPTs.

Objectives means:

(a) in relation to the Core Policing Services, the


objectives, plans, targets and directions set
under sections 50 to 55 of the Act and published
in the Core Policing Plan; and

(b) in relation to Enhanced Policing Services,


the purposes specified in the relevant Part of
Enhanced Policing Plan relating to that service
and agreed between the parties for the
achievement of the objectives for which the
Enhanced Policing Services are required;

Operational means the Chief Constable of the BTP or, in


Commander relation to any basic command unit, the officer
for the time being appointed by him to command
that unit;

Overhead Costs means the sum calculated in accordance with


clause 5.5.2 (subject to any adjustment in
accordance with clause 5.9);

Performance means, in relation to the Core Policing Services,


Indicators the performance indicators relating to the
Policing Services as published in the Core
Policing Plan or, in relation to the Enhanced
Policing Services, the performance indicators
specified in the Enhanced Policing Plan relating
to that service and agreed between the BTPA
and TfL;

Policing Service means a Core Policing Service or Enhanced


Policing Service (as appropriate);

Rights means patents trade marks service marks trade


names design rights copyright rights in know-
how database rights and other intellectual
property rights of whatever nature arising
anywhere in the world whether registered or
unregistered and including applications for the
grant of any such rights;

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Strategy and Co- means the quarterly meeting referred to in
ordination Meeting clause 9;

Termination Date means the date upon which this Agreement


shall cease to have effect pursuant to a
Termination Notice or a Default Notice served
by either party under clause 16;

Termination Notice means notice in writing to terminate this


Agreement served by either party on the other
pursuant to clause 16

TfL Group means TfL and all its subsidiaries (as defined in
section 1159 of the Companies Act 2006) from
time to time and references to any member of
the TfL Group shall refer to TfL or any such
subsidiary;

TfL Licences means any licence granted by TfL to the BTPA


in respect of the use by the BTP of TfL
Premises agreed pursuant to clause 12;

TfL Premises means the premises specified in Schedule 2 (as


varied from time to time in accordance with
clause 12) owned, occupied or controlled by or
on behalf of TfL and which are made available
to the BTPA for use by the BTP for the purpose
of providing the Policing Services.

1.2 References to any enactment or other similar instrument shall be construed as


references to the enactment or instrument as amended by any subsequent
enactment or instrument or as contained in any subsequent re-enactment,
modification or statutory extension of the enactment or instrument.

1.3 Except where the context requires otherwise the singular includes the plural
and vice versa; words denoting persons include firms and corporations and
vice versa; and a reference to one gender includes all genders.

1.4 Headings are included in this Agreement for ease of reference only and shall
not affect its interpretation or construction.

1.5 References to Clauses, Annexes and Schedules are, unless otherwise


provided, references to clauses, annexes and schedules of this Agreement.

1.6 Any negative obligation imposed on any party shall be construed as if it were
also an obligation not to permit or suffer the act or thing in question and any

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positive obligation imposed on any party shall be construed as if it were also
an obligation to procure that the act or thing in question be done.

1.7 The words include or including shall be construed without limitation to the
words following.

1.8 References to TfL, unless otherwise provided, shall be references to any


member of the TfL Group.

2. The Policing Services

2.1 In consideration of the payment by TfL of the Contributions to the BTPA the
BTP will provide upon the terms and conditions of this Agreement the Core
Policing Services specified in the Core Policing Plan.

2.2 In consideration of the payment by TfL of the Charges to the BTPA the BTP
will provide upon the terms and conditions of this Agreement the Enhanced
Policing Services specified in the Enhanced Policing Plan.

2.3 The BTP shall provide the Policing Services for the purpose of achieving the
Objectives including in relation to a specific Policing Service, any terms
incorporated in the Core Policing Plan or the Enhanced Policing Plan relating
to that service.

2.4 The BTP will deliver the Policing Services:

2.4.1 in accordance with the standards applying to the provision by the BTP
of police services generally;

2.4.2 in accordance with any Performance Indicators; and

2.4.3 taking account of the output of the CompStat process

3. Duties of the Chief Constable and the BTPA

3.1 Nothing in this Agreement affects any of the duties and obligations and
powers of the Chief Constable including the overriding obligation of
responsibility for the direction and control of the BTP and any other duties and
obligations and powers under the Police Act 1996 and the Act.

3.2 Nothing in this Agreement affects any of the duties and obligations and the
powers of the BTPA including any duties and obligations and powers under
the Act.

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4. Terms and renewal

4.1 This Agreement shall take effect immediately on execution and shall continue
thereafter until terminated in accordance with the provisions of clause 16 or
clause 17.

4.2 Policing Services shall commence on the Commencement Date relating to


that service and, unless terminated in accordance with this Agreement or by a
specified date set out in the plan relating to that Policing Service (or as
otherwise agreed between the parties), shall continue during the term of this
Agreement.

5. Contributions for Core Policing Services

5.1 Before the beginning of each financial year, the BTPA shall issue a Core
Policing Plan for the Core Policing Services through the annual BTPA National
and Area planning process and in accordance with the Act which will provide
an efficient and effective police service to TfL during that financial year (1 April
to 31 March). For the purposes of this Agreement the Core Policing Plan will
relate only to L Area. BTPA will use all reasonable endeavours to issue the
Core Policing Plan for the forthcoming year by no later than 31 January in
each year. The Core Policing Plan will at all times be subject to the terms of
the BTPAs national plan in any year and if there is any inconsistency between
the two, the provisions of the national plan shall take precedence.

5.2 The Core Policing Plan shall set out the details of the Performance Indicators
and Objectives for the Core Policing Services.

5.3 Not later than 30 November in each year (or such other date as the parties
may agree), the BTPA shall provide TfL with its best estimate of the
Contributions for the subsequent financial year (1 April to 31 March) based on
such information for the Core Policing Services as is then available.

5.4 TfL shall review the estimates referred to in Clause 5.3 and the parties shall
use all reasonable endeavours to reach agreement in principle on the precise
Contributions payable in respect of each of the Core Policing Services by 31
January.

5.5 The parties agree that the Contributions payable to the BTPA shall comprise
all of the costs and expenses properly and reasonably incurred by the BTPA
in respect of the L Area Direct Costs and the Overhead Costs where:

5.5.1 the L Area Direct Costs means:

(a) the direct and indirect employment costs for BTP Personnel
assigned to provide or support the provision of each Core
Policing Service; and

(b) the provision of premises, facilities, goods and services required


for the provision of those services; and

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5.5.2 the Overhead Costs means:

(a) the contribution payable by TfL towards the BTPs Central Force
Headquarters overhead costs. In assessing such contribution
the BTPA will take into account any payments received or
recoverable by the BTPA from the operator of the Docklands
Light Railway pursuant to the agreement dated 9 October 1997
referred to in recital C (or any amended or subsequent
agreement) as if such payments had been or would have been
received from TfL under this Agreement; and

(b) a reasonable contribution towards the cost of the insurance


premiums in respect of the insurance policies taken out by BTPA
in accordance with Clause 22, as agreed between the parties
both acting reasonably.

5.6 In addition to the L Area Direct Costs and the Overhead Costs, the BTPA shall
be entitled to recover as part of the Contributions any other costs properly and
reasonably incurred by the BTPA in connection with the Core Policing
Services which could not reasonably have been foreseen by the BTPA at the
time the estimates for the Contributions were agreed by the parties under this
clause 5. In such circumstances, where reasonably practicable, the BTPA will
seek to agree any such costs with TfL in advance and the BTPA will provide
such supporting evidence and information relating to such costs as TfL may
reasonably require.

5.7 The parties acknowledge that, in accordance with section 33 of the Act, in
each financial year the aim of the BTPA is to ensure that the expenses of the
BTPA, including those incurred in defraying the expenses of the BTP, are as
nearly as possible equivalent to the income of the BTPA, and that the amount
of the Contributions approximately reflects the nature and extent of the Core
Policing Services likely to be undertaken in that year in accordance with this
Agreement.

5.8 The parties agree that the Contribution payable by TfL for the Core Policing
Services provided during the financial year 1 April 2013 to 31 March 2014
shall be as follows:

L Area Direct Costs 52,698,000

Overhead Costs 9,606,101

based upon the resources set out at Annex A to this Agreement.

5.9 The Overhead Costs payable by TfL will be reviewed by the parties for
reasonableness every year (the first such review to be in respect of the year
ending 31 March 2015). Such review will be carried out by the BTPA
Executive and a suitably nominated representative from TfL. The parties shall
use all reasonable endeavours to agree any such review by 31 January in
respect of the forthcoming Budget Year.

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5.10 The BTPA shall use its best endeavours to achieve the relevant Performance
Indicators in providing the Core Policing Services for the Contributions. If in
any year it appears to the BTPA that it will be unable to achieve the
Performance Indicators for the Core Policing Services or otherwise provide
the Core Policing Services within the agreed budget, the BTPA shall notify TfL
of the difference as soon as practicable with an explanation of the difference
and shall provide such further information in respect of the difference as TfL
may reasonably require. In such circumstances, the BTPA may, in
consultation with TfL, decide either to reduce the Core Policing Services for
that year provided this does not affect any of BTPAs duties or powers
including under the Act or to increase the Contributions.

5.11 The payment of the L Area Direct Costs incurred and budget management
shall continue to be managed by TfL via TfLs accounting system. For the
Overhead Costs the BTPA shall submit invoices (together with supporting
financial information) to TfL in respect of the relevant proportion of the
Overhead Costs attributable to the four weekly accounting period for which
payment is being claimed. Such invoices shall be submitted not less than 14
days before the end of the accounting period for which payment is being
claimed setting out:

5.11.1 the due proportion of the Overhead Costs for the year attributable to
the relevant accounting period; and

5.11.2 any other relevant costs relating to the Core Policing Services which
have been incurred during the same period in accordance with clause
5.6.

5.12 TfL shall pay the amount specified in each invoice within 28 days of the date
of such invoice. If TfL fails to pay any amount due in respect of such an
invoice within 28 days of the date of the invoice, interest shall accrue on the
outstanding amount at a rate of 2% above the base rate of the Bank of
England from time to time (calculated on a daily basis without compounding)
from, and including, the due date for such payment to, and including, the date
of such payment in cleared funds. No interest shall accrue in respect of any
amount which is subject to a bona fide dispute between the parties.

5.13 In addition to the Overhead Costs, and any other agreed costs and subject to
receipt of a valid VAT invoice TfL shall pay all Value Added Tax on the
Overhead Costs and any other agreed costs at the rate and in the manner
prescribed by law from time to time.

6. Redeployment of Core Policing Services

6.1 In the event that the Operational Commander considers that it is necessary
to redeploy any BTP Personnel engaged in Core Policing Services, he shall,
as soon as practicable, inform TfL of:

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6.1.1 the details of the BTP Personnel which it is intended to redeploy and
the duties on which the BTP Personnel will be engaged during the
period of such redeployment;

6.1.2 the reasons for the proposed redeployment including reasons why the
duties cannot be undertaken by other personnel;

6.1.3 the proposed duration of the redeployment; and

6.1.4 the likely effect on the provision of Core Policing Services.

7. Charges for Enhanced Policing Services

7.1 Before the beginning of each financial year, TfL and the BTPA shall agree an
Enhanced Policing Plan for the Enhanced Policing Services to be provided
during that year. TfL and BTPA will use all reasonable endeavours to agree
such a plan for the forthcoming year by no later than 31 January in each year.
The Enhanced Policing Plan for year ending 31 March 2014 is set out at
Annex B to this Agreement.

7.2 The Enhanced Policing Plan shall set out details of the resources to be
applied by the BTPA in the provision of the Enhanced Policing Services and
the Charges and such other details as the parties may agree. The Charges
will be calculated on the basis of TfL paying all of the costs and expenses
properly and reasonably incurred by the BTPA in respect of:

7.2.1 the direct and indirect employment costs of BTP Personnel assigned to
provide or support the provision of each Enhanced Policing Service;
and

7.2.2 an additional 12.5% (subject always to clause 7.3) of the costs referred
to in clause 7.2.1 above as a contribution towards BTPAs overheads.

Notwithstanding the provisions of clauses 7.2.1 and 7.2.2, the Enhanced


Policing Plan for specific Enhanced Policing Services may set out alternative
or additional charges for those Enhanced Policing Services as agreed
between the parties. A detailed breakdown of all the costs and charges
referred to in this clause 7.2 will be provided as part of the annual estimate of
the Charges referred to in clause 7.5.

7.3 The percentage contribution to headquarters costs payable by TfL pursuant to


clause 7.2.2 will be reviewed by the parties for reasonableness every year
(the first such review to be in respect of the year ending 31 March 2015).
Such review will be carried out by the BTPA Executive and a suitably
nominated representative from TfL. The parties shall use all reasonable
endeavours to agree any such review and any adjustment to the percentage
contribution payable under clause 7.2.2 by 31 January in respect of the
forthcoming Budget Year.

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7.4 The parties may amend or supplement the Enhanced Policing Plan from time
to time by agreement in writing in accordance with the Change Control
Procedure set out in Schedule 4.

7.5 Not later than 30 November in each year (or such other date as the parties
may agree) the BTPA shall provide TfL with an estimate of the Charges for the
forthcoming Budget Year, based on such information for the Enhanced
Policing Services as is then available.

7.6 TfL shall review the estimate referred to in Clause 7.5 and shall set the budget
for each of the Enhanced Policing Services for that financial year and in no
event shall the Charges in respect of any of those services exceed the budget
set by TfL. In agreeing the level of any Enhanced Police Services to be
provided for the budget set by TfL, the BTPA will act in accordance with
section 33 of the Act. Should there be a need or wish on the part of TfL to
increase the budget for a particular Enhanced Policing Service, this will be
notified to the BTPA in writing. If BTPA agree to provide the service, the
relevant Part of the Enhanced Policing Plan relating to that Enhanced Policing
Service will be updated accordingly.

7.7 The BTPA shall submit invoices (together with supporting financial
information) to TfL for the charges payable under this Agreement in respect of
the relevant proportion of the Charges attributable to the four weekly
accounting period for which payment is being claimed. Such invoices shall be
submitted not less than 14 days before the end of the accounting period for
which payment is being claimed setting out the Charges calculated on the
basis of:

7.7.1 the number and grade or rank of BTP Personnel deployed in the
provision of each Enhanced Policing Service during that accounting
period;

7.7.2 any adjustment required as a result of the redeployment of any of the


BTP Personnel;

7.7.3 any alternative or additional charges specified and agreed in a relevant


Enhanced Policing Plan; and

7.7.4 any abatement of the Charges associated with personnel:

(a) on special leave without pay;

(b) attending training which has no relevance to the Enhanced


Policing Service to which they are assigned; and

save that any BTP Personnel who is not able to attend for duty because of
sickness or injury or because of attendance in court or on obligatory training
courses will be deemed to have been supplied by the BTP, provided that the
BTP uses all reasonable endeavours to ensure that such absences are kept to
a minimum.

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7.8 TfL shall pay the amount specified in each invoice within 28 days of the date
of such invoice. If any payment due in respect of such an invoice is not paid
within 60 days of the date of the invoice, interest shall accrue on the
outstanding amount from the due date (being 28 days from date of the
invoice) at a rate of 2% above the base rate of the Bank of England from time
to time (calculated on a daily basis without compounding) from, and including,
the due date for all such payments to, and including, the date of such payment
in cleared funds. No interest shall accrue in respect of any amount which is
subject to a bona fide dispute between the parties.

7.9 In addition to the Charges and subject to receipt of a valid VAT invoice TfL
shall pay all Value Added Tax on the Charges at the rate and in the manner
prescribed by law from time to time.

8. Redeployment of Enhanced BTP Personnel

8.1 In the event that the Operational Commander considers that it is necessary to
redeploy any BTP Personnel engaged in Enhanced Policing Services other
than in response to an Emergency he shall as soon as practicable write to TfL
setting out:

8.1.1 the details of the BTP Personnel which it is intended to redeploy and
the duties on which the BTP Personnel will be engaged during the
period of such redeployment;

8.1.2 the reasons for the proposed redeployment including reasons why the
duties cannot be undertaken by other personnel;

8.1.3 the proposed duration of the redeployment;

8.1.4 the likely effect on the provision of Enhanced Policing Services;

and TfL shall reply in writing to any such notification within 14 days to the
Operational Commander with its views on the proposed redeployment. The
parties shall then undertake consultations in good faith for a further period not
exceeding 14 days upon the conclusion of which the Operational Commander
shall within 14 days confirm in writing the redeployment which he intends to
make.

8.2 In the event that the Operational Commander considers that it is necessary to
redeploy any BTP Personnel engaged in Enhanced Policing Services in
response to an Emergency he shall as soon as practicable provide TfL with so
much of the information set out in clause 8.1 as he is able to provide in
relation to that redeployment.

8.3 In the event that any of the BTP Personnel engaged in Enhanced Policing
Services are redeployed for any reason TfL shall be entitled to a reduction of
the Charges equal to the cost of the BTP Personnel redeployed over the
period of the redeployment.

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8.4 TfL may in its absolute discretion waive the reduction of the Charges in whole
or part and, in determining whether to do so, shall have regard to whether the
redeployment was in respect of any event or circumstance arising:

8.4.1 elsewhere on the London Underground network;

8.4.2 on the Docklands Light Railway or Croydon Tramlink; or

8.4.3 on any other rail or light rail system within Greater London.

8.5 The BTP shall present a report on redeployment on a quarterly basis to the
Strategy and Oversight Group and redeployment shall be reviewed on a
quarterly basis at the Strategy and Oversight Group.

9. Liaison Arrangements

9.1 TfL and the BTP will appoint representatives to attend and contribute to the
Strategy and Coordination Meeting.

9.2 The representatives appointed by TfL and the BTP to attend the Strategy and
Coordination Meeting shall be of appropriate seniority and be familiar with the
purposes of this Agreement and the operational activities of the party they
represent.

9.3 The meetings will be organised and managed by a secretary provided by TfL.
Minutes will be taken at all meetings and procedures established to ensure
that any agreed actions are implemented.

9.4 The Strategy and Coordination Meeting will be held quarterly. The
membership and terms of reference of the meeting are set out in Schedule 1.

9.5 Separate review arrangements will be maintained with respect to Enhanced


Policing Services on London North and London South.

10. CompStat

10.1 Operational Commanders shall use the CompStat process to assist in


monitoring the delivery and effectiveness of the Policing Services (including
the Enhanced Policing Services) and will agree with TfL appropriate
arrangements to enable them to contribute to and participate in that process.

10.2 The output of the CompStat process in respect of each Policing Service shall
be reported to the Strategy and Coordination Meeting.

11. Obligations of TfL

11.1 TfL hereby undertakes, warrants and represents that:

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11.1.1 it will co-operate with the BTPA and provide the BTPA and BTP with
such information and assistance as they may reasonably require in
order to enable them to duly and punctually comply with any
obligations under this Agreement;

11.1.2 it will provide reasonable access to such of its premises, personnel,


equipment and systems as the BTP may reasonably require for the
purpose of providing the Policing Services.

12. TfL Premises

12.1 TfL will use its reasonable endeavours to provide the BTPA by way of licence
and at its own expense suitable premises and facilities for the BTP to use in
order to facilitate the efficient provision of the Policing Services and TfL shall
give due consideration to any request made by the BTPA for the provision of
suitable additional or alternative premises.

12.2 The TfL Premises provided on the date of this Agreement are set out in
Schedule 2 and TfL reserves the right, following consultation with the BTPA,
to add, delete or substitute premises on the list either as a temporary or
permanent measure after giving reasonable notice (where practicable) to the
BTPA to allow for the effective continuation of the Policing Services.

12.3 In the event that TfL does not provide suitable premises and facilities in
accordance with Clause 12.1 the BTPA may give notice to TfL of its intention
to provide such premises and facilities itself and, if following receipt of such
notice TfL continues not to provide such premises or agrees to the BTPA's
own provision, the costs reasonably and necessarily incurred by the BTPA in
so doing shall be recoverable from TfL as part of the Contribution or Charge
for that service.

12.4 Subject to Clause 12.8, TfL hereby grants to the BTPA;

12.4.1 a licence to use and occupy the TfL Premises and to use in a
reasonable manner associated with such use and occupation of the
TfL Premises, the communal areas of the building of which the
premises forms part (if any) on the terms set out in Schedule 3; and

12.4.2 subject to BTP Personnel being able to produce upon request


evidence identifying them as BTP Personnel;

(a) all necessary rights of access to and egress from the TfL
Premises and

(b) all necessary rights of access to and egress from any land,
building or other structure or any premises or rolling stock
(which for this purpose shall be deemed to include trains and
other vehicles used for the conveyance of passengers) which
is owned or used by, leased or hired to, or under the

17
management of TfL for the purpose of providing the Policing
Services.

12.5 The BTPA shall use its reasonable endeavours to ensure that, in the exercise
of the rights granted under Clause 12.4.2, it will cause as little disruption as is
reasonably practicable but subject always to the provisions of clause 3 to the
provision of the transport services by TfL.

12.6 TfL and the BTPA shall comply with the undertakings set out in Schedule 3.

12.7 The rights granted pursuant to this Clause 12 shall, subject to clause 18.4,
absolutely cease and determine upon the termination of this Agreement, and
neither the rights granted herein nor any provision herein contained shall
operate to vest in the BTPA any estate or interest in the TfL Premises or
transfer to the BTPA any estate of interest vested in TfL.

12.8 The provisions of this clause 12 and Schedule 3 shall not apply to any of the
TfL Premises to the extent that any such premises are subject to a pre-
existing licence, lease or other agreement evidenced in writing.

13. Obligations of BTPA

13.1 BTPA hereby undertakes, warrants and represents that:

13.1.1 it shall not permit, allow or cause any Encumbrance to be created or


arise over any TfL Premises;

13.1.2 the BTP will comply with the terms of any TfL Licence under which it
occupies any TfL Premises;

13.1.3 it will seek to establish good working relationships with TfL in relation
to the delivery of the Policing Services; and

13.1.4 it will co-operate with TfL to provide such information and assistance
as TfL may reasonably require in order to enable TfL to seek and
receive assurances of performance and to duly and punctually
comply with any obligations under this Agreement.

14. Health and Safety Matters

14.1 In relation to their obligations under this Agreement the parties agree that TfL
will notify and, where appropriate, facilitate the training of BTP Personnel in
relation to all health and safety issues relating to the provision of the Policing
Services for the purposes of complying with the applicable legislation and
assisting the safer and more efficient delivery of the Policing Services.

18
15. Confidentiality

15.1 Subject to TfLs right to disclose the content of this Agreement to the Greater
London Authority (including the Mayor of London), the London Assembly and
disclosure by any party in order to comply with any statutory obligation, the
parties undertake to each other:

15.1.1 to keep confidential all Confidential Information belonging to the


other; and

15.1.2 to use the Confidential Information belonging to the other solely in


connection with the provision or receipt of the Policing Services and
not for its own benefit or the benefit of any third party.

16. Termination by Notice

16.1 Subject to clauses 16.3 and 16.4, this Agreement shall remain in force until
either TfL or the BTPA gives to the other party three years notice in writing of
the termination of this Agreement (Termination Notice).

16.2 The period of three years may be waived or reduced only if both parties
provide their written agreement to do so.

16.3 The provisions of this Agreement relating to the Enhanced Policing Services
will remain in place unless either TfL or BTPA gives to the other party not less
than one years notice in writing to terminate the Enhanced Policing Services
or any part or parts of the Enhanced Policing Services. On receipt of such
notice, a plan will be drawn up and agreed between the parties to detail the
reduction in Enhanced Policing Services over a time scale which seeks to
release the BTP Personnel as soon as practicable and in any event before the
expiry of such notice, although the parties acknowledge that such period may
be longer or shorter than one year.

16.4 Prior to the date of this Agreement the parties agreed that 229 BTP Personnel
would be provided as part of the Enhanced Policing Service. These BTP
Personnel comprise sworn police officers of varying ranks, police community
support officers and police staff and are included in the table set out in Annex
A Part 1 of this Agreement. For the purposes of this Agreement such BTP
Personnel are to be treated as part of the Core Policing Services (the costs for
which are included in the calculation of the Contribution) save that the
provision of such BTP Personnel shall be treated as part of the Enhanced
Policing Services for the purposes of clauses 16, 17 and 18 of this Agreement,
such that where TfL wishes to reduce the Core Policing Services by reducing
the number of BTP Personnel (subject always to the agreement of the BTPA
and to the BTPAs obligations under the Act), the first 229 BTP Personnel
included in any such reduction shall be treated as though they had been
engaged in Enhanced Policing Services. The breakdown between sworn
police officers, police community support officers and police staff shall be

19
agreed between the parties at the time of any relevant termination of any of
the Enhanced Policing Services.

17. Termination for Default

17.1 TfL or the BTPA may at any time by notice in writing terminate this Agreement
in whole or as respects any part of the Policing Services forthwith by serving a
Default Notice on the other if the other party has committed a Default and if:

17.1.1 the Default is capable of remedy and the defaulting party shall have
failed to remedy the Default within thirty days of written notice to the
defaulting party specifying the Default and requiring its remedy; or

17.1.2 the Default is not capable of remedy.

Save that TfL shall not be entitled to terminate this Agreement if the Default
relates to the Core Policing Services and, where the Default relates to any
matter other than the Core Policing Services, TfL shall only be entitled to
terminate this Agreement with respect to the Enhanced Policing Services.

17.2 Unless a Default Notice is served within sixty days of a party accruing the right
to do so that party shall be deemed to have waived its right to serve such a
notice in respect of the relevant Default.

17.3 A Default Notice or a Termination Notice shall be signed by:

17.3.1 in the case of TfL, the Director of Enforcement and On-street


Operations; and

17.3.2 in the case of the BTPA, the Chief Executive of the BTPA.

18. Consequences of termination

18.1 If the termination (whether in whole or as respects any part of the Policing
Services) results in the redundancy of any BTP Personnel, TfL shall reimburse
the BTPA for all liabilities, costs and expenses reasonably and properly
incurred by the BTPA in respect of payments in lieu of contractual notice
where the same cannot be reasonably worked and, subject to Clause 18.2,
redundancy payments whether the same are determined by statute or under
any severance agreement for the time being in force covering BTP Personnel.

18.2 The BTPA shall use all reasonable endeavours to re-deploy surplus
employees and in the selection of employees to be made redundant shall act
in a reasonable manner and, so far as lawfully practicable, so as to minimise
any costs to TfL and, before any employee is made redundant will provide TfL
with the details of the proposed redundancy terms and arrangements.

18.3 Upon termination of this Agreement for any reason each party will return all
Confidential Information and Data belonging to any other party except to the

20
extent that the same may reasonably be required for audit or other regulatory
purposes and warrant in writing that no copies of any such Confidential
Information or Data have been retained.

18.4 Upon termination of this Agreement for any reason the BTP will vacate any
TfL Premises within a reasonable time and in accordance with the terms of
any TfL Licence.

18.5 Upon termination of this Agreement, the BTPA shall procure that all property
which is owned or leased by TfL, or which has been acquired by the BTPA or
BTP using funds exclusively provided for that purpose by TfL, is returned,
assigned, conveyed or otherwise handed over, within a reasonable time, to
TfL. Provided that if the BTPA shall require to retain any such property TfL
and the BTPA shall agree terms for the retention or continued use of such
property and shall if necessary take advice from an agreed independent
valuer.

18.6 Without prejudice to Clause 18.3 upon termination of this Agreement, all rights
or licences which may have been granted to the BTPA or the BTP to use the
assets of TfL (including intellectual property rights in computer software) shall
also terminate.

19. Personal data

19.1 The parties acknowledge that the sharing of data is important to the ongoing
effectiveness of the partnership between TfL and the BTPA.

19.2 The parties warrant that they will each duly observe all their obligations arising
under the Data Protection Act 1998 in connection with the Policing Services.

19.3 The parties will use all reasonable endeavours within six months of the
execution of this Agreement to jointly prepare and enter into a data sharing
framework agreement to regulate data sharing between TfL and the BTPA
and the BTP.

20. Dispute Resolution/Mediation

20.1 If any dispute arises between the parties in connection with or arising out of
this Agreement the parties will use their best endeavours to resolve that
dispute in a prompt and mutually beneficial manner by discussion, negotiation
and, if agreed by both parties, referral to independent mediation.

20.2 In the event that the parties are unable to resolve a dispute by discussion,
negotiation or mediation, the dispute shall be determined by the Secretary of
State for Transport or a person nominated by him in accordance with section
35 of the Act.

21
20.3 All negotiations connected with the dispute will be conducted in complete
confidence, and the parties undertake not to divulge details of such
negotiations except to their professional advisers who will also be subject to
such confidentiality and will be without prejudice to the rights of the parties in
any future proceedings.

20.4 Nothing contained in this clause shall restrict either partys freedom to
commence legal proceedings to preserve any legal right or remedy or protect
any Rights or preserve or protect the confidentiality of any information.

21 Indemnity

21.1 TfL shall indemnify the BTPA, the BTP and the Operational Commander
against all costs, charges, damages and expenses of whatsoever nature
(provided they are reasonable and proper) resulting from any liability arising
from any loss or damage or injury occurring prior to 1 October 2013 in relation
to the provision by BTP of the Policing Service (including, but not limited to,
claims for assault, battery, unlawful arrest, false imprisonment, malicious
prosecution and other tortious acts). This indemnity does not extend to
include:

21.1.1 the legal liability of the BTPA to BTP Personnel or its other
employees or contractors;

21.1.2 liability to the extent it arises out of any act or omission of any
member of the BTP Personnel which results in:

21.1.2.1 a finding of gross misconduct against that member at a


disciplinary hearing; or

21.1.2.2 a conviction of that member for a criminal offence.

21.1.3 liability arising out of any act or omission of any member of the BTP
Personnel working on enhanced policing of the non TfL rail network
(e.g. on the BTP50 initiative);

21.1.4 any other liability to the extent that the law would prohibit BTPA
from being indemnified in respect of that liability by TfL;

21.1.5 liability arising out of or in connection with any act or omission of a


member of the BTP Personnel in the course of providing any police
services unconnected with the delivery of the Policing Services
covered by this Agreement.

21.2 The BTPA shall use its reasonable endeavours to advise TfL on claims made
within 28 days of its receipt when this Indemnity is invoked. The BTPA
confirms that it is not aware of any claims where this indemnity may be
invoked which have been made prior to the date of this Agreement which have
not already been notified to TfL. TfL reserves the right to direct the conduct of
the claim in such a way as to minimise its liability under this indemnity,

22
however BTPA shall retain the right to disregard such direction at its absolute
discretion in which event such indemnity shall be waived.

21.3 BTPA shall provide a quarterly report of all claims in respect of which the
indemnity contained in clause 21.1 might apply including details of the
claimant, date of incident, circumstances and reserve to be held and will
provide such further information in relation to specific claims as reasonably
required by TfL. The BTPA shall provide a summary of each case and
evidence of expenditure to enable TfL to reimburse the costs, charges,
damages and expenses claimed under this indemnity as soon as practicable
following payment of the same. In the event that the BTPA recovers any costs
from a claimant following successful defence of any claim, then such costs
shall be refunded in full to TfL.

21.4 The BTPA shall co-operate with TfL and TfLs insurers in relation to any claim
and provide all information reasonably required and shall procure that BTP
Personnel shall comply with all reasonable requests for information within the
time frame required by insurers unless operational requirements shall make
such provision of information or compliance with requests for information
within the required timeframe impracticable. In such circumstances the BTPA
shall agree on a revised timeframe with TfL and/or its insurers.

21.5 The BTPA will take all reasonable actions to avoid and mitigate any such
claims in respect of which the indemnity in clause 21.1 might apply. The BTPA
will provide TfL with regular updates on the mitigation and risk management
being maintained.

21.6 Following conclusion of a claim the BTPA and the BTP will take reasonable
steps to prevent recurrence and mitigate its risks.

21.7 Liability for costs, charges, damages and expenses relating to claims under
this indemnity shall remain until conclusion of the claim and reimbursement
thereof notwithstanding any amendment to this indemnity at any time.

22 Insurance

22.1 The BTPA will be responsible for, and the indemnity in clause 21.1 shall not
apply in respect of, any liability arising from loss or damage or injury occurring
on or after 1 October 2013 in relation to the provision by BTP of the Policing
Service (including, but not limited to, claims for assault, battery, unlawful
arrest, false imprisonment, malicious prosecution and other tortious acts).

22.2 The BTPA will use its reasonable endeavours to procure that an insurance
policy reasonably acceptable to TfL shall be taken out by the BTPA to cover
the potential liabilities of the BTPA referred to in Clause 22.1.

23 General

23.1 Entire agreement

23
This Agreement together with the agreements referred to in Recital C
constitutes the whole of the terms agreed between the parties in respect of the
subject matter of this Agreement.

23.2 Variation and Change Control

23.2.1 This Agreement shall be capable of being varied only by a written


instrument signed by an authorised representative of each of the
parties. Any such variation shall be effective only if approved in
writing by the Secretary of State.

23.2.2 Any requirement for a change to the Enhanced Policing Services or


facilities shall be subject to the Change Control Procedure set out in
Schedule 4.

23.3 Relationship of parties

Neither party shall have any authority or power to bind the other party or to
contract in the name of or create a liability against that party and nothing in
this Agreement shall constitute or be deemed to constitute a partnership
agency or joint venture between the parties or constitute or be deemed to
constitute one party the agent of another for any purpose.

23.4 Waiver

Unless otherwise agreed in writing or as specified in this Agreement no failure


by any party to exercise any right or remedy available to it under this
Agreement nor any delay in exercising any such right or remedy shall operate
as a waiver of it nor shall any single or partial exercise of any right or remedy
preclude any other or further exercise of that right or remedy or the exercise of
any other right or remedy.

23.5 Service of Notices and Documents

23.5.1 Any notice or other document required to be given under this


Agreement or any communication between the parties with respect
to any of the provisions of this Agreement shall be in writing in
English and be deemed duly given if signed in accordance with this
Agreement by or on behalf of the party giving the notice and sent by
pre-paid first class post or recorded delivery.

23.5.2 Any such notice shall be deemed to be given to and received by the
addressee at the time the same is delivered to the address of the
addressee and a receipt is given.

23.5.3 In proving the giving of a notice it shall be sufficient to prove that


the appropriate receipt for the registered letter was given.

Communications addressed to TfL shall be marked for the attention


of:

24
The Director of Enforcement and On-street Operations
Transport for London
Palestra House
197 Blackfriars Road
Southwark
London SE1 8NJ
Communications addressed to the BTPA shall be marked for the
attention of:

The Chief Executive


British Transport Police Authority
The Forum
74-80 Camden Street
London NW1 0EG

23.6 Transfer, sub-contracting and third party rights

This Agreement is personal to each of the parties neither of whom shall


assign, novate, sub-contract or otherwise dispose of this Agreement or any
part of it except as permitted by this Agreement or upon statutory authority
and save for any member of the TfL Group no third party shall have any rights
under the Contracts (Rights of Third Parties) Act 1999 in connection with this
Agreement except where expressly provided in this Agreement.

23.7 Force Majeure

No party shall be liable for any failure or delay in relation to its obligations
under this Agreement which is caused by circumstances beyond the
reasonable control of that party and which could not reasonably have been
foreseen by the affected party either (a) at the time of entering into this
Agreement or (b) at the time of agreeing the relevant Policing Services so
affected (whichever is applicable).

23.8 Governing law and jurisdiction

This Agreement shall be governed by and construed in accordance with the


laws of England. The parties hereby irrevocably submit to the exclusive
jurisdiction of the Courts of England and Wales save that any dispute within
section 35(1) of the Act shall be referred to arbitration pursuant to the
procedure provided by section 35 of the Act.

EXECUTED AS A DEED by the parties the day and year first above written

25
ANNEX A

CORE POLICING SERVICES RESOURCES AS AT 1 APRIL 2013

PART 1: LONDON UNDERGROUND CORE POLICING

1. Commencement Dates

These Core Policing Services commenced prior to 1 April 2013.

2. Service Level

The BTPA will make available to TfL for the provision of Core Policing Services on
the London Underground the services or equivalent of:

Budget as at 1 April
2013

Sworn Officers

Chief Superintendent 1

Superintendent 2

Detective Chief Inspector / Chief Inspector 8

Detective Inspector / Police Inspector 29

Detective Sergeant / Police Sergeant 115

Detective Constable / Police Constable 515

Police Community Support Officers (PCSOs) 106

Police Staff (other than PCSOs) 247

Total Staff (including headcount of 229 1023


referred to in clause 16.4)

26
PART 2: LONDON OVERGROUND CORE POLICING

1. With the introduction of the TfL run overground concession branded London
Overground, the core policing services on London Overground are funded by the
current train operator London Overground Rail Operations Limited (LOROL) pursuant
to the agreement of 25th October 2007 (or any replacement agreement) with
enhanced policing resources for the London Overground network and other strategic
overground services funded by TfL and detailed under the London Overground
Enhanced Policing plan (Annex B Part 2).

27
ANNEX B

ENHANCED POLICING SERVICES

Enhanced Policing Services are those additional services undertaken by the BTP
beyond the services provided in accordance with the objectives, plans, targets and
directions set under sections 50 to 55 of the Railways and Transport Safety Act 2003
and are additional services which may be included in a police services agreement by
virtue of section 33(1) (b) of that Act. Any part of this Annex B can be amended by
agreement in writing by both the relevant Operational Commander and TfL in
accordance with the Change Control Procedure set out in Schedule 4.

PART 1: LONDON UNDERGROUND ENHANCED POLICING

Emergency Response Unit

Police Sergeant 3
Police Constable 18

Total EMERGENCY RESPONSE UNIT 21

Medical Response Unit

Police Sergeant 1
Police Constable 7

Total MEDICAL RESPONSE UNIT 8*

(*reduced from 2 Police Sergeants and 18 Police Constables in agreement with the
BTP as part of the 2013/2014 TfL Quarter Budget forecast)

Cable Theft Project

Police Sergeant 1
Police Constable 12

Total CABLE THEFT PROJECT 13

28
1 As at the date of this Agreement there are three London Underground sponsored
initiatives for Enhanced Policing Services of rail services as follows:

1.1 Emergency Response Unit;

1.2 Medical Response unit; and

1.3 Cable Theft Project

2 For all these initiatives the objectives are to provide targeted emergency
response policing to deal with incidents as they arise and to minimise the delay to
the London Underground network.

3 London Underground BTP Emergency Response Unit

3.1 The BTPA has agreed, with TfL (through its subsidiary Tubelines Limited),
to supply 14 police officers to drive two of the Emergency Response Unit
teams and manage the deployment of that vehicle using blue lights where
appropriate. The agreement covers a team based at from 4
February 2012 and a team based at from 17 July 2012.

3.2 Funding Stream: The cost of providing the Emergency Response Unit in
the first operational year will be funded by Tubelines Limited and will cost
0.760 million in 2012/13 (to be reviewed annually).

3.3 Commencement Date: the commenced on 4 February 2012.


The commenced on 17 July 2012

3.4 Review Date/Duration: Should TfL wish to continue with this initiative
beyond March 2014, confirmation of ongoing funding and the continuation
of this Enhanced Policing Service will be provided by the end of January
2014 and annually at the end of January in each subsequent year. This
funding is currently agreed for a three year period up to 31 March 2015.

3.5 Resource deployment: The annual budget will cover all expenses
incurred with invoices accompanied by transparent accounts of all costs.
The agreed resources are set out in this Annex Part 1.

3.6 The Emergency Response Units will provide an emergency response to


disruption type incidents, including, but not limited to:

o Person under Train (PUT)


o Stalled trains
o Derailments
o Collisions

29
o Track obstructions
o Track Searches

4 London Underground BTP Police Medical Response Unit

4.1 This initiative has formal authorisation from TfL as part of their RAMS
(reliability, accessibility, maintainability, sustainability) initiative. Due to
demands on the London Ambulance Service, response to people taken ill
on trains is not as fast as TfL require. The BTPA has therefore agreed with
London Underground that twenty police officers have been trained to
provide immediate medical care to people taken ill on trains. This is
intended to enable these passengers to receive faster care and it will allow
the passenger to be assessed as to whether the person can be moved
from the train or not and this will enable the impact on the service to be
assessed on a timely basis.

4.2 Funding Stream: LU will fund services to a limit of 1.146m in 2012/13 (to
be reviewed annually) and such Charges will be paid in accordance with
Clause 7 of this Agreement.

4.3 Commencement Date: This service commenced in April 2012.

4.4 Review Date/Duration: Should TfL wish to continue with this initiative
beyond March 2014, confirmation of ongoing funding and the continuation
of this Enhanced Policing Service will be provided by the end of January
2014 and annually at the end of January in each subsequent year.

4.5 Resource deployment: The annual budget will cover all expenses incurred
with invoices accompanied by transparent accounts of all costs. The
agreed resources are set out in this Annex Part 1.

4.6 The Police Medical Response Unit (PMRU) will provide an emergency
response to incidents of persons ill on trains and stations, whereby the
incident is service disrupting. They will aim to utilise medical skills to
prevent incidents escalating through stalled trains and further disruption.

5 London Underground BTP Cable Theft Response Unit

5.1 With effect from May 2012, TfL (through London Underground Limited) has
agreed to fund an initiative intended to reduce the level of cable theft on
the London Underground network. This is part of a larger anti cable theft
operation including helicopter and security staff support.

5.2 Funding Stream: TfL (through London Underground Limited) will pay for a
ground security team in addition to paying for additional BTP officers. Only
the BTP officers will be included in the Enhanced Policing Services under
this Agreement. The Charges for such BTP officers for the year 2013/14
(the costs are time apportioned) will be 0.6m and such Charges will be
paid in accordance with Clause 7 of this Agreement.

30
5.3 Commencement Date: This service commenced in May 2012 and is in
place until 31 March 2014.

5.4 Review Date/Duration: Should TfL wish to continue with this initiative
beyond March 2014, confirmation of ongoing funding and the continuation
of this Enhanced Policing Service will be provided by the end of January
2014 and annually at the end of January in each subsequent year..

5.5 Resource deployment: The annual budget will cover all expenses
incurred with invoices accompanied by transparent accounts of all costs.
The agreed resources are set out in this Annex Part 1.

6 Service Management

6.1 Local arrangements will be maintained between the relevant BTP Area
Commander and TfL/London Underground Limited for performance
monitoring and service level management for all of these initiatives. These
will be on the basis of assessment of detailed performance reports
prepared by the BTP and considered at regular scheduled meetings
involving London Underground Limited, BTPA and TfL.

6.2 Annually, as part of the process of TfL confirming the ongoing funding and
continuation of any of the Enhanced Policing Services, the parties will
agree appropriate service levels and key performance indicators for such
Enhanced Policing Services and suitable targets against which to measure
the performance of the BTPA.

31
PART 2: LONDON OVERGROUND AND OTHER TFL SPONSORED INITIATIVES
FOR RAIL RELATED ENHANCED POLICING

The BTPA will make available to TfL for the provision of Enhanced Policing Services
on the London Overground and other TfL sponsored initiatives for rail related
enhanced policing:

Total
LONDON OVERGROUND
(includes East London Line)

Police Inspector 1
Police Sergeant 8
Police Constable 44
PCSO 25

Total LONDON OVERGROUND 78

CROYDON TRAMLINK

Police Constable 2
PCSO 2

Total CROYDON TRAMLINK 4

BTP50 Teams

Police Inspector 1
Police Sergeant 7
Police Constable 42

Total BTP50 TEAMS 50

Other NPTs

Police Sergeant 1
Police Constable 7

Total Other NPTs 8

TOTAL 140

32
Summary

7 There are three TfL sponsored initiatives for Enhanced Policing Services of rail
services as follows:

7.1 Enhanced neighbourhood policing on the London Overground;

7.2 Enhanced neighbourhood policing on other strategic overground services


(currently the Lewisham and Victoria Neighbourhood policing teams); and

7.3 Enhanced neighbourhood policing as part of the Mayors 2008 manifesto


commitment provided for an initial period of two years and three months
(and subsequently extended) through seven neighbourhood policing teams
attached to train operating companies throughout London and referred to
henceforth as the BTP50.

8 For all these initiatives the objectives are to provide neighbourhood style policing:

8.1 To create a visible policing presence throughout the TfL rail network (on
trains and at stations) and other areas as agreed by both parties that:

8.1.1 Reduces user and staff fear of crime and improves passenger
perception of safety and security; and

8.1.2 Provides a crime and disorder preventative presence resulting in


reduced crime in those categories not affected by proactive
policing (where increases in police activity are expected to result
in an increase in recorded crime).

8.2 To develop problem-solving linkages between the BTP and the transport
provider, demonstrating an engagement in staff and supplier concerns
over security, antisocial behaviour and disorder.

8.3 To co-ordinate transport policing activity by creating links with other police
services, in particular the Metropolitan Police Transport OCU and Safer
Transport Teams, other MPS units and the City of London Police, to
provide an integration capability among Underground, relevant rail, light rail
and other transport modes.

8.4 To engage operational and other staff (including PCSOs, special


constables and revenue protection inspectors) in policing and crime
prevention activities, which provide a visible uniformed presence for
customers and the general public?

8.5 To improve the responsiveness and response times of BTP Personnel to


threats and real incidents of crime and disorder by deploying and tasking
resources on the basis of intelligence provided by all parties.

33
9 London Overground Enhanced Policing

9.1 With the introduction of the TfL run Overground concession branded
London Overground, TfL will supplement the core policing services funded
by train operator London Overground Rail Operations Limited (LOROL)
pursuant to the agreement of 25th October 2007 with Enhanced Policing
Services for the London Overground network.

9.2 Funding Stream: TfL will fund this initiative to a limit of 4.134m in 2013/14
(to be reviewed annually).

9.3 Commencement Date: This service commenced in 2005.

9.4 Review Date/Duration: Should TfL wish to continue with this initiative
beyond March 2014, confirmation of ongoing funding and the continuation
of this Enhanced Policing Service will be provided by the end of January
2014 and annually at the end of January in each subsequent year.

9.5 Resource deployment: The annual Charges for this Enhanced Policing
Service will cover all expenses incurred including BTP Force Headquarters
and BTPA charges with invoices accompanied by transparent accounts of
all such costs and expenses. The agreed resources are set out in this
Annex B Part 2 above.

10 Croydon Tramlink

10.1 TfL will supplement the Core Policing Services with Enhanced Policing
Services on the Croydon Tramlink system managed by London Tramlink.

10.2 Funding stream: TfL will fund this initiative to a limit of 0.177m in 2013/14
(to be reviewed annually).

10.3 Commencement Date: This service commenced in 2005.

10.4 Review Date/Duration: Should TfL wish to continue with this initiative
beyond March 2014, confirmation of ongoing funding and the continuation
of this Enhanced Policing Service will be provided by the end of January
2014 and annually at the end of January in each subsequent year.

10.5 Resource deployment: The annual Charges for this Enhanced Policing
Service will cover all expenses incurred including BTP Force
Headquarters and BTPA charges with invoices accompanied by
transparent accounts of all such costs and expenses. The agreed
resources are set out in this Annex B Part 2 above.

11 BTP50

11.1 With effect from January 2009 a new TfL funded enhanced NPT initiative
was launched to deliver a 2008 Mayoral manifesto commitment to fund 50

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additional BTP officers deployed onto the suburban rail network in areas
with high levels of crime. They will be organised into seven teams and
patrol selected outer London suburban stations. The additional officers will
operate at groups of stations (neighbourhoods) recommended by the BTP
and TfL in association with the Train Operating Companies (TOCs).

11.2 At the start of the Agreement seven teams will operate from the following
locations agreed with the BTP. Each team will comprise one sergeant and
six/seven police officers and will police outer London stations on
designated lines travelling out of the following main stations:

11.2.1 Bromley South

11.2.2 Finsbury Park

11.2.3 Croydon

11.2.4 Stratford

11.2.5 Acton Mainline

11.2.6 Seven Sisters

11.2.7 Wimbledon

11.3 Funding Stream: TfL will fund this initiative to a limit of 3.451m in 2013/14.

11.4 Commencement Date: This service commenced in January 2009 with full
roll out completed by the end of June 2009.

11.5 Review Date/Duration: Should TfL wish to continue with this initiative
beyond March 2014, confirmation of ongoing funding and the continuation
of this Enhanced Policing Service will be provided by the end of January
2014 and annually at the end of January in each subsequent year.

11.6 Resource deployment: The annual budget will cover all expenses
incurred including BTP Force Headquarters and BTPA charges with
invoices accompanied by transparent accounts of all costs. The agreed
resources are set out in this Annex B Part 2 above.

12 Enhanced neighbourhood policing on other strategic overground services


(currently the Lewisham Neighbourhood policing initiative)

12.1 TfL will also support other strategic overground neighbourhood policing
initiatives in addition to TfLs own services. Locations will be determined in
conjunction with the BTP and locations and size of the teams may in the
future change. At the outset of this agreement the following team is being
supported:

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12.1.1 Lewisham NPT comprising eight officers providing
neighbourhood policing on lines towards Dartford.

12.2 Funding Stream: TfL will fund this initiative to a limit of 0.481m in 2013/14
(to be reviewed annually).

12.3 Commencement Date: This service commenced in 2005.

12.4 Review Date/Duration: Should TfL wish to continue with this initiative
beyond March 2014, confirmation of ongoing funding and the continuation
of this Enhanced Policing Service will be provided by the end of January
2014 and annually at the end of January in each subsequent year.

12.5 Resource deployment: The Charges for this Enhanced Policing Service
will cover all expenses incurred including BTP Force Headquarters and
BTPA charges with invoices accompanied by transparent accounts of all
costs. The agreed resources are set out in this Annex B Part 2 above.

13 Service Management

13.1 Local arrangements will be maintained between the relevant BTP Area
Commanders and TfL as co-ordinated by the Enforcement and On-street
Operations Directorate for performance monitoring and service level
management for all of these initiatives. These will be on the basis of
assessment of detailed performance reports prepared by the BTP and
considered at regular scheduled meetings involving TfL, BTP and service
partners such as LOROL and the TOCs as determined by TfL in
conjunction with the BTP Area Commander.

13.2 Annually, as part of the process of TfL confirming the ongoing funding and
continuation of any of the Enhanced Policing Services, the parties will
agree appropriate service levels and key performance indicators for such
Enhanced Policing Services and suitable targets against which to measure
the performance of the BTPA.

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SCHEDULE 1

THE STRATEGY AND OVERSIGHT GROUP

MEMBERSHIP AND TERMS OF REFERENCE

MEMBERSHIP

TfL

Chief Operating Officer, London Rail

Director of Enforcement and On-street Operations

Director of Docklands Light Railway, London Rail

Deputy Director of Enforcement and On-street Operations

Head of Network Operations and Control London Underground

Head of Police Contracts and Performance, Enforcement and On-street Operations


Directorate

BTP

Assistant Chief Constable (Operations)

B Divisional Commander

The role of chair of the meeting will rotate from TfL to BTP on an alternate
meeting basis

PURPOSE

1. To consider and agree the overall TfL strategy and policy for policing the
underground and overground rail system within the Greater London area,
taking into account the overall governance requirements and guidance from
the BTP Authority (BTPA) and the Mayors strategy for policing the transport
system (The Right Direction).

2. To oversee, manage and recommend amendments to the contractual


agreements with the BTPA regarding policing in London.

3. To understand, consider and assess decisions regarding TfL Investment


Programmes in relation to the safety and security of the underground and
overground rail network.

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4. To consider and co-ordinate business planning and budget issues (across the
TfL Operational Businesses) with regard to BTP funding and headcount.

5. To consider, from a strategic TfL perspective, performance and targets in TfL


funded areas of the BTP.

6. To act as the main contract management meeting for the PSA, in particular to:

Manage actual and potential contract disputes

Manage actual and potential third party claims

Review budget spend, risks and opportunities under each funded initiative

Review overall risks under the PSA and ensure appropriate mitigation is in
place

Frequency: Quarterly

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SCHEDULE 2

TfL PREMISES

LUL managed accommodation not recharged to the BTPA

Type of facility Description


LUL managed Facilities are occupied mainly due to Reassurance Policing Program.
accommodation not South Wimbledon
recharged to BTPA Seven Sisters
Debden
Hangar Lane
Beacontree
Hendon Central
Albany House
Aldgate
Ashfield House
210-212 Baker Street
Petty France
Selbie House
Wing Over Station (Broadway Complex)
Vandon Street Garage
Carlisle Lane
Poplar (DLR)

Type of facility Description


PFI facilities not The following are PFI facilities occupied by BTP. No costs (except for
recharged to BTPA rates and building modification) are currently charged to BTPA.
West Ham
Tottenham Court Road / Whitfield Street
Hammersmith
Wembley Park
Finsbury Park
Stockwell
Heathrow Airport

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SCHEDULE 3

TfL LICENCES

UNDERTAKINGS IN RELATION TO THE PREMISES

PART A: BTPA UNDERTAKINGS

Determination of the Agreement

1.1 Unless released from compliance by written notice given by TfL prior to
termination of this Agreement to remove from the Premises all of the BTPAs
fixtures fittings furniture and effects.

1.2 To make good any damage caused by the BTPA to the Premises by any
removal of any fixtures fittings furniture or effects.

1.3 To vacate the Premises upon the termination of this Agreement.

Notices

2.1 As soon as reasonably practicable after receipt by the BTPA of any notice or
communication from a competent authority affecting the Premises or their use
to give to TfL a copy thereof and in any event when the BTPA first becomes
aware of the service of such notice or of any circumstances likely to lead to
service of such a notice to give to TfL full particulars of such notice or
circumstances.

Statutory requirements

3.1 Save insofar as the same remain the responsibility of TfL pursuant to Clause 16
of this Schedule 3, the BTPA will comply with all present and future Acts of
Parliament relating to the Premises or their use or the employment of persons
therein.

3.2 Not at any time to do or omit on or about the Premises any act or thing by
reason of which TfL may under any such Acts incur or have imposed upon it or
become liable to pay any levy, penalty, damages, compensation, costs, charges
or expenses.

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Planning

4.1 Not to commit in relation to the Premises any breach of planning control (such
term to be construed in the way in which it is used in the Planning Acts).

4.2 Not to apply for planning permission to carry out any development in or upon
the Premises.

4.3 Not to do any thing on or with reference to the Premises which may be grounds
for or cause or lead to the compulsory acquisition thereof.

Alterations

5.1 Not to make any alterations or additions in or to the Premises except the BTPA
may erect or remove non-structural partitions within the Premises with the prior
written consent of TfL (such consent not to be unreasonably withheld) provided
that:

(a) the BTPA has provided a full set of drawings and specifications to TfL;

(b) the works do not adversely affect the efficient operation of any air conditioning
or other systems in the Premises or in any adjoining premises of TfL;

(c) the same are, if so required by TfL, removed upon the termination of this
Agreement and all damage thereby occasioned made good; and

(d) TfL may elect to carry out any works required by the BTPA on the BTPAs
behalf and at the BTPAs reasonable cost, where deemed appropriate.

5.2 Not to add to or change the nature type or colour of lighting within the Premises

5.3 Not to remove any fixtures (of whatever kind) and fittings comprised in the
Premises (except the BTPAs trade fixtures or fittings) unless the BTPA shall on
such removal replace the same with fixtures and/or fittings (as the case may be)
of equal value and utility.

5.4 Not without TfLs prior written consent (such consent not to be unreasonably
withheld) to make any alterations or additions to the electrical gas water or
telecommunications installations of the Premises.

5.5 Not without TfLs prior written consent (such consent not to be unreasonably
withheld) to erect or affix to the exterior of the Premises or to any other part of
TfL's adjoining premises any aerials posts wires fittings or works for telegraphic
communication nor to make any aperture in any wall nor to affix any machinery
to TfLs adjoining premises.

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5.6 Not without TfLs prior written consent (such consent not to be unreasonably
withheld) to interfere with any conducting media which now are or may
hereafter be in or through the Premises nor cause access thereto to be or
become more difficult than the same now is nor to cause the conducting media
serving the Premises or within the Premises to be overloaded or subjected to
use in excess of that for which the same were designed or restrict the level of
supply of water air gas electricity or other services to other parts of TfL's
premises.

5.7 Not without the TfLs prior written consent (such consent not to be unreasonably
withheld) to dismantle or make any alterations changes or adjustments or carry
out any works to any part of the heating air conditioning ventilating plumbing fire
detection or alarm or other system within the Premises or otherwise interfere
with the operation or functioning thereof other than to operate the external
switches valves or other surface controls (if any) intended for use for personal
control and regulation by occupants.

5.8 Not to install any curtains blinds or other window coverings.

Signs

Not to affix to or display on the Premises any sign, hoarding, poster, placard, blind or
advertisement which shall be visible from the outside of the Premises or the common
parts except with the prior written consent of TfL which consent shall not be
unreasonably withheld.

Dangerous and deleterious substances

6.1 Not to keep on the Premises any substance of a dangerous corrosive


combustible explosive radio-active volatile unstable or offensive nature or which
might in any way damage the Premises or the conducting media serving the
same (except with the prior written consent of TfL and after giving due notice to
any relevant insurers of the TfLs premises and subject to any requirements
imposed by them (with which the BTPA shall comply) small quantities of
inflammable materials used in connection with the operations carried on in the
Premises) or the keeping or use of which may contravene any Acts of
Parliament nor to stop up or obstruct in any way or permit oil or grease or other
deleterious or other substances that might cause damage to health or the
environment to enter by any means the conducting media serving TfLs
adjoining premises or any other adjoining or neighbouring premises and in the
event of such damage or obstruction forthwith to remedy the same and make
good all damage to the reasonable satisfaction of TfL.

Fire precautions

7.1 To comply with all requirements and recommendations (whether legally


enforceable or not) from time to time of the appropriate authority in relation to

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fire precautions affecting the Premises except to the extent that TfL shall be
liable to do so.

7.2 Not to remove (save for their use in a legitimate emergency) or interfere with
any fire fighting or extinguishing apparatus or appliances or any fire alarm
system or associated equipment provided by TfL for TfLs premises nor to
obstruct the access to or means of working or operation of any of the same.

Loadings

8.1 Not to impose on any part of the floors roof trusses ceilings or the structure of
the Premises any load or weight greater than that which the same are designed
or constructed to bear with due margin for safety nor by machinery or otherwise
to cause or permit any undue vibration to or nuisance by noise or otherwise in
the Premises.

Use

9.1 Not to use the Premises or any part thereof:

(a) for residential purposes;

(b) for any noisy noxious offensive dangerous illegal or immoral purpose;

(c) for any auction political or public entertainment or exhibition or for


gambling;

(d) in a manner which would cause noxious polluting or contaminating


substances to be spilled leaked emitted or deposited on in under or from
the Premises and to clean up and carry out any other necessary
remediation works arising from any such matter where such necessity
arises by reason of any act or default of the BTPA; or

(e) in any way or for any purpose which may be an annoyance nuisance
damage or disturbance to or prejudice TfL or the TfLs adjoining premises
or the owners or occupiers of any adjoining or neighbouring premises or
the neighbourhood.

Defective Premises Act 1972

10.1 Forthwith upon becoming aware of the same, to give notice in writing to TfL of
any defect in any part of the Premises or TfL 's adjoining premises or the
buildings of which they form part, which would or might give rise to an obligation
on TfL to do or refrain from doing any act or thing in order to comply with the
duty of care imposed on TfL pursuant to the Defective Premises Act 1972 and
at all times to display and maintain all notices which TfL reasonably may from
time to time require to be displayed at the Premises.

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Plant and Equipment

11.1 To report to TfL any malfunction of any heating, air conditioning, ventilation,
plumbing or other building service or system serving the Premises or any part
thereof or the common parts of the buildings of which they form a part as soon
as possible after the same has come to the attention of the Authority.

Alienation Prohibited

12.1 Not to assign the rights given in Clause 12, the same only being exercisable by
the BTPA its invitees and its employees.

Regulations

13.1 Not to use the main entrance to the Premises for trade deliveries which shall
take place only via any loading bay and the goods lifts from time to time
allocated by TfL and the access ways leading between the same and from the
goods lift to their destination or via any other route designated by the TfL for this
purpose.

13.2 Not to use any passenger lifts for the carriage of goods nor to overload any
passenger or goods lifts and to observe any loading limits or limits on numbers
of passengers specified in notices displayed in any lift.

13.3 To retain all refuse in the Premises in a neat and tidy condition and in proper
receptacles and if receptacles are set aside by TfL to ensure the frequent
removal of such refuse to such receptacles.

13.4 Not to do or omit anything whereby the working of any heating air conditioning
ventilating plumbing fire detection or alarm or other system now or during the
term of this Agreement serving the Premises or TfL's adjoining premises may
be impaired or adversely affected nor whereby the air circulating in any heating
air conditioning or ventilating system may become contaminated or fouled.

Works to adjoining premises

14.1. Not to object to the execution of excavation works repairs or alterations on


under or to any part of BTPAs adjoining premises or any other adjoining or
neighbouring land and buildings or to the erection of scaffolding but BTPA
agrees that such work shall be undertaken so as to cause as little
inconvenience to the BTPA as is reasonably practicable and any physical
damage caused to the Premises as a result of such works shall be made good
to the reasonable satisfaction of the BTPA at the expense of TfL.

Costs

15.1 To pay on demand all costs associated with additional works as requested by
the BTPA and provided by TfL.

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PART B: TfL UNDERTAKINGS

Repair etc

16.1 TfL shall keep the structure communal areas and conducting services of the
building of which the Premises forms part in good repair cleansed, heated,
lighted and maintained as appropriate.

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SCHEDULE 4

Change Control Procedure

1 Principles

1.1 If at any time either party wishes to change the Enhanced Policing Services
that party may request or recommend such change only in accordance with
the Change Control Procedure.

1.2 Until such time as a change is made in accordance with the Change Control
Procedure, BTPA shall, unless otherwise agreed in writing, continue to supply
the Policing Services as if the request or recommendation had not been
made.

1.3 Any discussions which may take place between TfL and BTPA in connection
with a request or recommendation before the authorisation of a resultant
change to the Policing Services shall be without prejudice to the rights of
either party.

2 Procedures

2.1 Discussion between TfL and BTPA concerning a change to the Enhanced
Policing Services shall result in any one of the following:

2.1.1 a request to change the Enhanced Policing Services by TfL; or

2.1.2 no further action being taken;

2.1.3 a recommendation to change the Enhanced Policing Services by


BTPA.

2.2 Where a written request for an amendment of the Enhanced Policing Services
is received from TfL, BTPA shall immediately on receipt issue a written
acknowledgement to TfL and, unless otherwise agreed, use all endeavors to
submit a Change Control Note (CCN) to TfL within four weeks of the date of
the request.

2.3 A recommendation to amend by BTPA shall be submitted as a CCN direct to


TfL at the time of such recommendation.

2.4 Each CCN shall contain:

2.4.1 the title of the change;

2.4.2 the originator and date of the request or recommendation for the
change;

2.4.3 the reason for the change;

2.4.4 full details of the change including any specifications;

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2.4.5 the financial implications, if any, of the change;

2.4.6 a timetable for implementation together with any proposals for


acceptance of the change;

2.4.7 a schedule of payments if appropriate;

2.4.8 details of the likely impact, if any, of the change on other aspects of the
Enhanced Policing Services including but not limited to:

(a) the term of the Agreement;

(b) the increase or decrease in the number of Enhanced Policing


Services Personnel to be provided;

(c) the Charges;

(d) the payment profile;

(e) the documentation to be provided;

(f) the training to be provided;

(g) Service Levels, Objectives and Performance Indicators;

(h) working arrangements; and

(i) other contractual issues;

2.4.9 the date of expiry of validity of the CCN; and

2.4.10 provision for signature by TfL and BTPA.

2.5 For each CCN submitted the recipient shall, within the period of the validity of
the CCN:

2.5.1 allocate a sequential number to the CCN.

2.5.2 evaluate the CCN and, as appropriate:

(a) request further information;

(b) approve the CCN; or

(c) notify the other party of the rejection of the CCN; and

provided that in the event of the rejection of a CCN that matter may be
referred by either party to the Strategy and Co-ordination Meeting.

2.5.3 arrange for two copies of an approved CCN to be signed by or on


behalf of TfL and BTPA.

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2.6 Subject to paragraph 2.7, a CCN signed by the nominated representatives of
both parties shall constitute an amendment to this Agreement.

2.7 If any amendment provided for in a CCN signed by the nominated


representatives of both parties constitutes a material change to the terms of
this Agreement it shall not be effective unless and until it has been approved
in writing by the Secretary of State.

THE COMMON SEAL OF TRANSPORT


FOR LONDON was herunto affixed in the
presence of:

Authorised signatory

SIGNED as a deed by BRITISH


TRANSPORT POLICE
AUTHORITY whose seal was
affixed in the presence of:

An authorised officer.

Print name:

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