Session 2010 - 12
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LORDS amendments to the

Police Reform and Social Responsibility Bill

[The page and line references are to HL Bill 62, the bill as first printed for the Lords.]

Clause 1

1

Page 1, line 6, leave out subsection (1)

2

Page 1, line 8, leave out subsection (2)

3

Page 1, line 9, leave out subsection (3)

4

Page 1, line 11, leave out subsection (4)

5

Page 2, line 30, at end insert—

 

“(h)    

the exercise of duties in relation to the safeguarding of children and

 

the promotion of child welfare that are imposed on the chief

 

constable by sections 10 and 11 of the Children Act 2004.”

After Clause 1

6

Insert the following new Clause—

 

“Police Commission

 

(1)    

There shall be a body corporate for each police area listed in Schedule 1 to

 

the Police Act 1996 to be known as a “Police Commission”.

 

(2)    

A Police Commission shall consist of—

 

(a)    

a police and crime commissioner, and

 

(b)    

a police and crime panel.

 

(3)    

The police and crime commissioner shall be appointed by the police and

 

crime panel (from amongst its own members).”

Clause 3

7

Page 4, line 13, at end insert—

 
 
Bill 22555/1

 
 

2

 
 

“(h)    

the exercise of duties in relation to the safeguarding of children and

 

the promotion of child welfare that are imposed on the

 

Commissioner by sections 10 and 11 of the Children Act 2004.”

Clause 5

8

Page 6, line 4, after “constable” insert “and to each of the other persons and bodies

 

that are, for the purposes of section 5 of the Crime and Disorder Act 1998,

 

responsible authorities in relation to local government areas that are wholly or

 

partly within the relevant police area”

Clause 6

9

Page 6, line 39, at end insert—

 

“(e)    

give the panel a response to any such report or recommendations,

 

and

 

(f)    

publish any such response.”

10

Page 7, line 26, at end insert—

 

“( )    

In its application by virtue of subsection (11)(e), section 43(2) of the 1999

 

Act (duty to send copies of current version of police and crime plan) has

 

effect with the insertion after “to each London borough council” of the

 

words “and to each of the other persons and bodies that are, for the

 

purposes of section 5 of the Crime and Disorder Act 1998, responsible

 

authorities in relation to local government areas that are wholly or partly

 

within the metropolitan police district.”

Clause 10

11

Page 9, line 40, at end insert—

 

“( )    

The elected local policing body for a police area must, in exercising its

 

functions, have regard to the relevant priorities of each responsible

 

authority.”

12

Page 10, line 8, leave out “reference in subsection (1)” and insert “references in this

 

section”

13

Page 10, line 9, leave out “is a reference” and insert “are references”

14

Page 10, line 34, at end insert—

 

““relevant priority”, in relation to a responsible authority,

 

means a priority applicable to the exercise of that

 

authority’s functions which is identified by that authority in

 

compliance with a requirement imposed by regulations

 

made under section 6(2) of the Crime and Disorder Act

 

1998;”

Clause 18

15

Page 14, line 11, at end insert—

 

“(A1)    

The police and crime commissioner for a police area may—

 

(a)    

appoint a person as the deputy police and crime commissioner for

 

that police area, and


 
 

3

 
 

(b)    

arrange for the deputy police and crime commissioner to exercise

 

any function of the police and crime commissioner.”

16

Page 14, line 12, after “person” insert “(who is not the deputy police and crime

 

commissioner)”

17

Page 14, line 14, leave out from “not” to end of line 16 and insert “—

 

(a)    

appoint a person listed in subsection (3) as the deputy police and

 

crime commissioner;

 

(b)    

arrange for the deputy police and crime commissioner to exercise a

 

function listed in subsection (4)(a), (e) or (f);

 

(c)    

arrange, under subsection (1), for a person listed in subsection (3) to

 

exercise any function; or

 

(d)    

arrange, under subsection (1), for any person to exercise a function

 

listed in subsection (4).

 

(2A)    

A deputy police and crime commissioner may arrange for any other person

 

to exercise any function of the police and crime commissioner which is, in

 

accordance with subsection (A1)(b), exercisable by the deputy police and

 

crime commissioner.

 

(2B)    

But the deputy police and crime commissioner may not arrange for a

 

person to exercise a function if—

 

(a)    

the person is listed in subsection (3), or

 

(b)    

the function is listed in subsection (4).”

18

Page 14, line 17, leave out “subsection (2)(a)” and insert “subsections (2)(a) and (c)

 

and (2B)”

19

Page 14, line 20, at end insert—

 

“(ca)    

the Deputy Mayor for Policing and Crime appointed by the

 

Mayor’s Office for Policing and Crime;”

20

Page 14, line 23, at end insert—

 

“(g)    

a member of the staff of a person falling within any of paragraphs

 

(a) to (f).”

21

Page 14, line 24, leave out “(2)(b)” and insert “(2)”

22

Page 14, line 38, at end insert—

 

“(6)    

Subsection (1) applies whether or not there is a deputy police and crime

 

commissioner.

 

(7)    

The deputy police and crime commissioner is a member of the police and

 

crime commissioner’s staff.

 

(8)    

For further provision about the appointment of a deputy police and crime

 

commissioner, see paragraphs 7A to 7E of Schedule 1.”

Clause 19

23

Page 15, line 15, leave out from “(2)” to end of line 18 and insert “(1)(b), exercisable

 

by the Deputy Mayor for Policing and Crime.

 

(5)    

But the Deputy Mayor for Policing and Crime may not arrange for a person

 

to exercise a function if—

 

(a)    

the person is listed in subsection (6), or

 

(b)    

the function is listed in subsection (7).”


 
 

4

24

Page 15, line 24, at end insert—

 

“(f)    

a member of the staff of a person falling within any of paragraphs

 

(a) to (e).”

Clause 20

25

Page 16, line 26, after “etc)” insert “—

 

(a)    

26

Page 16, line 37, at end insert—

 

  “(6)  

Paragraph 10 applies in relation to such an appointment

 

if the candidate is not a member of the London Assembly.

 

      (7)  

Paragraphs 2, 4 and 5 are subject to paragraph 10.”;

 

(b)    

after paragraph 9 insert—

 

“10(1)  

The London Assembly may veto the appointment of the

 

candidate as Deputy Mayor for Policing and Crime if the

 

candidate is not a member of the London Assembly.

 

      (2)  

The exercise of that power of veto in relation to an

 

appointment is not valid unless the London Assembly—

 

(a)    

has held a confirmation meeting in relation to the

 

appointment before the exercise of the power; and

 

(b)    

notifies the Mayor’s Office for Policing and Crime

 

of the veto within the period of 3 weeks described

 

in paragraph 4(3).

 

      (3)  

If the London Assembly vetoes the appointment of the

 

candidate, the Mayor’s Office for Policing and Crime

 

must not appoint the candidate.

 

      (4)  

References in this Schedule to the London Assembly

 

vetoing the appointment of a candidate are references to

 

the Assembly making a decision, by the required

 

majority, that the candidate should not be appointed as

 

Deputy Mayor for Policing and Crime.

 

      (5)  

For that purpose, the London Assembly makes that

 

decision by the required majority if at least two-thirds of

 

the votes given in making that decision are votes in

 

favour of making that decision.””

Clause 28

27

Page 20, line 27, at end insert—

 

“( )    

The functions of the police and crime panel for a police area must be

 

exercised with a view to supporting the effective exercise of the functions

 

of the police and crime commissioner for that police area.”

28

Page 21, line 3, after “Schedules” insert “1 (procedure for appointments of senior

 

staff),”

29

Page 21, line 14, after “Schedule” insert “1,”


 
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