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Public Bill Committee: 10 May 2011                     

232

 

Protection of Freedoms Bill, continued

 
 

      (2)  

DBS must prepare annual accounts in respect of each financial year in such

 

form as the Secretary of State decides.

 

      (3)  

Before the end of the specified period following the end of each financial year

 

to which the annual accounts relate DBS must send a copy of the accounts to

 

the Secretary of State and the Comptroller and Auditor General.

 

      (4)  

The Comptroller and Auditor General must—

 

(a)    

examine, certify and report on the annual accounts, and

 

(b)    

send a copy of the certified accounts and of the report to the Secretary

 

of State.

 

      (5)  

The Secretary of State must lay before Parliament each document received

 

under sub-paragraph (4)(b).

 

      (6)  

The specified period is such period as the Secretary of State directs in writing.

 

Guidance

 

13  (1)  

The Secretary of State may, from time to time, issue guidance in writing to

 

DBS in relation to the exercise of any of its functions.

 

      (2)  

DBS must have regard to any such guidance before exercising any function to

 

which it relates.

 

Directions

 

14  (1)  

The Secretary of State may give directions in writing to DBS in relation to the

 

exercise of any of its functions other than a core function mentioned in

 

paragraph 8(1)(a), (b) or (c).

 

      (2)  

The Secretary of State may vary or revoke any such directions.

 

      (3)  

DBS must comply with any directions given under this paragraph.

 

Status

 

15  (1)  

DBS is not to be regarded—

 

(a)    

as a servant or agent of the Crown, or

 

(b)    

as enjoying any status, immunity or privilege of the Crown.

 

      (2)  

DBS’s property is not to be regarded as property of, or property held on behalf

 

of, the Crown.

 

Payments in connection with maladministration

 

16  (1)  

Sub-paragraph (2) applies if DBS considers—

 

(a)    

that action taken by or on behalf of DBS amounts to

 

maladministration, and

 

(b)    

that a person has been adversely affected by the action.

 

      (2)  

DBS may, with the approval of the Secretary of State, make such payment (if

 

any) to the person as it considers appropriate.

 

      (3)  

In sub-paragraph (1) “action” includes failure to act.

 

Incidental powers

 

17  (1)  

In connection with the exercise of any of its functions DBS may—

 

(a)    

enter into contracts and other agreements (whether legally binding or

 

not),

 

(b)    

acquire and dispose of property (including land),

 

(c)    

borrow money,

 
 

Public Bill Committee: 10 May 2011                     

233

 

Protection of Freedoms Bill, continued

 
 

(d)    

do such other things as DBS considers necessary or expedient.

 

      (2)  

The power conferred by sub-paragraph (1)(b) includes accepting—

 

(a)    

gifts of money, and

 

(b)    

gifts or loans of other property,

 

            

on such terms as DBS considers appropriate.

 

      (3)  

But DBS may exercise the power conferred by sub-paragraph (1)(b) or (c) only

 

with the approval of the Secretary of State.

 

      (4)  

Such approval may be given—

 

(a)    

with respect to a particular case or with respect to a class of cases,

 

(b)    

subject to such conditions as the Secretary of State considers

 

appropriate.

 

Documents

 

18         

A document purporting to be signed on behalf of DBS is to be received in

 

evidence and, unless the contrary is proved, is to be taken to be so signed.

 

Transitional

 

19  (1)  

The Secretary of State (instead of DBS) may—

 

(a)    

appoint the first chief executive, and

 

(b)    

decide the terms and conditions of service as an employee of DBS

 

which are applicable to the first chief executive on appointment.

 

      (2)  

The period of any such appointment must not exceed 5 years (but the person

 

may be re-appointed under paragraph 4).

 

      (3)  

The person who has the function of chairing DBS may be appointed as chief

 

executive by the Secretary of State under this paragraph .’.

 

 

Lynne Featherstone

 

241

 

Parliamentary Star    

Title,  line  10,  leave out ‘amend the Safeguarding Vulnerable Groups Act 2006; to make

 

provision about criminal records’ and insert ‘make provision about the safeguarding of

 

vulnerable groups and about criminal records including provision for the establishment of

 

the Disclosure and Barring Service and the dissolution of the Independent Safeguarding

 

Authority’.

 

 

Order of the House [1 MARCH 2011]

 

That the following provisions shall apply to the Protection of Freedoms Bill—

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 10 May 2011.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 
 

Public Bill Committee: 10 May 2011                     

234

 

Protection of Freedoms Bill, continued

 
 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Protection of Freedoms Bill (Programme) (No. 2)

 

 

That the Order of 1 March 2011 (Protection of Freedoms Bill (Programme)) be varied

 

as follows:

 

1.    

Paragraph 2 of the Order shall be omitted.

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 17 May 2011.

 

 

Order of the Committee [22 March 2011], AS AMENDED ON 29 MARCH

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

22 March) meet—

 

(a)  

at 4.00 pm on Tuesday 22 March;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 24 March;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 29 March;

 

(d)  

at 9.00 am and 1.30 pm on Tuesday 5 April;

 

(e)  

at 10.30 am and 4.00 pm on Tuesday 26 April;

 

(f)  

at 9.00 am and 1.00 pm on Thursday 28 April;

 

(g)  

at 10.30 am and 4.00 pm on Tuesday 3 May;

 

(h)  

at 10.30 am and 4.00 pm on Tuesday 10 May;

 

(i)  

at 9.00 am and 1.00 pm on Thursday 12 May;

 

(j)  

at 10.30 am and 4.00 pm on Tuesday 17 May;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 
 

Public Bill Committee: 10 May 2011                     

235

 

Protection of Freedoms Bill, continued

 
 

TABLE

 

Date

Time

Witness

 
 

Tuesday 22 March

Until no later than

The Association of Chief

 
  

12.00 pm

Police Officers

 
 

Tuesday 22 March

Until no later than

Lord Macdonald of River

 
  

12.30 pm

Glaven QC (independent

 
   

reviewer of the review of

 
   

counter-terrorism and security

 
   

powers)

 
 

Tuesday 22 March

Until no later than

The Interception of

 
  

1.00 pm

Communications

 
   

Commissioner

 
 

Tuesday 22 March

Until no later than

Liberty, Justice, the Law

 
  

5.30 pm

Society and the Criminal Bar

 
   

Association

 
 

Tuesday 22 March

Until no later than

The Independent

 
  

6.30 pm

Safeguarding Authority and

 
   

Mrs Sunita Mason

 
   

(Independent Advisor for

 
   

Criminality Information

 
   

Management)

 
 

Tuesday 22 March

Until no later than

Genewatch UK and Action on

 
  

7.00 pm

Rights of Children

 
 

Thursday 24 March

Until not later than

The Information

 
  

10.05 am

Commissioner’s Office

 
 

Thursday 24 March

Until no later than

The Campaign for Freeedom

 
  

10.25 am

of Information

 
 

Thursday 24 March

Until no later than

The NSPCC, The Scout

 
  

2.00 pm

Association and Stonewall

 
 

Thursday 24 March

Until not later than

The Local Government

 
  

2.45 pm

Association and the Welsh

 
   

Local Government

 
   

Association

 
 

Thursday 24 March

Until no later than

The AA, the RAC Foundation,

 
  

3.45 pm

the British Parking

 
   

Association and the Security

 
   

Industry Authority

 
 

Thursday 24 March

Until no later than

Andrew Rennison (Interim

 
  

4.30 pm

CCTV Regulator) and

 
   

Birmingham Against Spy

 
   

Cameras;

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order; Clauses 1 to 19; Schedule 1; Clauses 20 to 39; Schedule 2;

 

Clauses 40 to 53; Schedule 3; Clauses 54 to 56; Schedule 4; Clauses 57 to 60;

 

Schedule 5; Clauses 61 and 62; Schedule 6; Clauses 63 to 101; Schedules 7

 
 

Public Bill Committee: 10 May 2011                     

236

 

Protection of Freedoms Bill, continued

 
 

and 8; Clauses 102 to 107; new Clauses; new Schedules; remaining

 

proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 7.00 pm on Tuesday 17 May.

 

 
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Revised 10 May 2011