House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

5

Clause 29
30
Page 21, line 39, at end insert—

“( )
If a police and crime panel requires the relevant police and crime

commissioner to attend before the panel, the panel may (at reasonable

notice) request the relevant chief constable to attend before the panel on the

same occasion to answer any question which appears to the panel to be

necessary in order for it to carry out its functions.”
Clause 31
31
Page 22, line 24, leave out “police and crime commissioners” and insert “relevant

office holders”
32
Page 22, line 27, leave out “police and crime commissioner” and insert “relevant

office holder”
33
Page 22, line 28, leave out “or engaged in other corrupt behaviour”
34
Page 22, line 32, at end insert—

“( )
In this section and that Schedule “relevant officer holder” means the holder

of any of the following offices—

(a)
police and crime commissioner;

(b)
deputy police and crime commissioner;

(c)
the Mayor’s Office for Policing and Crime;

(d)
Deputy Mayor for Policing and Crime.”
Clause 32
35
Page 23, line 11, leave out “Greater London Authority” and insert “London

Assembly”
36
Page 23, line 28, at end insert—

“( )
The following provisions apply to the police and crime panel—

(a)
the number of members of the panel, and their term of office, are to

be fixed by the London Assembly;

(b)
persons who are not members of the London Assembly may be

members of the panel.

( )
The following provisions apply to any sub-committee by which police and

crime panel functions are to be discharged—

(a)
the number of members of the sub-committee, and their term of

office, are to be fixed by the police and crime panel;

(b)
persons who are not members of the London Assembly may be

members of the sub-committee.

( )
The police and crime panel functions must be exercised with a view to

supporting the effective exercise of the functions of the Mayor’s Office for

Policing and Crime.”
Clause 33
37
Page 24, line 34, at end insert—

6

“( )
If the London Assembly requires the Deputy Mayor for Policing and

Crime, or the person who is the occupant of the Mayor’s Office for Policing

and Crime, to attend proceedings, the Assembly may (at reasonable notice)

request the Commissioner of Police of the Metropolis to attend proceedings

on the same occasion for the purpose of giving evidence.”
Clause 36
38
Page 25, line 26, leave out “reports” and insert “information”
39
Page 25, line 27, leave out “A report” and insert “Such information”
40
Page 25, line 30, leave out “a report” and insert “such information”
41
Page 25, line 31, leave out “a report” and insert “such information”
42
Page 25, line 32, leave out “a report” and insert “information”
Clause 41
43
Page 28, line 14, at end insert—

“( )
In a case where a deputy chief constable or assistant chief constable (the

“acting chief constable”) is authorised by subsection (1)(a) or (5) to exercise

or perform functions of a chief constable—

(a)
the powers of the police and crime commissioner under section

38(2) and (3) are exercisable in relation to the acting chief constable

as the powers are exercisable in relation to the chief constable (and

references to chief constables in those provisions, and in other

enactments relating to those provisions, are to be read accordingly);

and

(b)
the powers under section 39(4) and (5) or section 40(4) and (5) are

not exercisable in relation to the acting chief constable.”
Clause 42
44
Page 28, line 35, leave out from beginning to second “the” in line 36 and insert “The

Secretary of State may not recommend to Her Majesty that She appoint a person as

the Commissioner of Police of the Metropolis unless that person is, or has been, a

constable in any part of the United Kingdom; and, before making such a

recommendation,”
Clause 58
45
Page 36, line 29, leave out “of political parties in connection with” and insert “or

other recognition of political parties and other persons incurring expenditure in

relation to”
46
Page 36, line 31, leave out paragraphs (d) and (e) and insert—

“(d)
about funding and expenditure, in relation to elections of police

and crime commissioners, of candidates, political parties and other

persons incurring such expenditure;”
47
Page 37, line 1, at end insert—

“( )
Provision within paragraph (d) of subsection (2) includes, in particular—

(a)
provision prohibiting, or imposing limitations on, funding or

expenditure of any kind mentioned in that paragraph, and

7

(b)
provision for treating funding or expenditure of any such kind

which does not relate exclusively to an election of police and crime

commissioners as being (or not being), wholly or partly, funding or

expenditure in relation to which—

(i)
any provision within paragraph (a) applies, or

(ii)
any relevant provision applies.”
Clause 65
48
Leave out Clause 65
Clause 73
49
Leave out Clause 73
After Clause 79
50
Insert the following new Clause—

“Policing protocol

(1)
The Secretary of State must issue a policing protocol.

(2)
Each relevant person must have regard to the policing protocol in

exercising the person’s functions.

(3)
The Secretary of State may at any time—

(a)
vary the policing protocol, or

(b)
replace the policing protocol.

(4)
Before varying or replacing the policing protocol, the Secretary of State

must consult—

(a)
such persons as appear to the Secretary of State to represent the

views of elected local policing bodies,

(b)
such persons as appear to the Secretary of State to represent the

views of chief officers of police of police forces maintained by

elected local policing bodies,

(c)
such persons as appear to the Secretary of State to represent the

views of police and crime panels, and

(d)
such other persons as the Secretary of State thinks fit.

(5)
The functions of the Secretary of State under subsections (1) and (3) are

exercisable by order.

(6)
In this section—

“police and crime panel” means—

(a)
each police and crime panel established in accordance with

Schedule 6 (police areas outside London);

(b)
the London Assembly’s police and crime panel (see section

32);

“policing protocol” means a document which sets out, or otherwise

makes provision about, ways in which relevant persons should (in

the Secretary of State’s view) exercise, or refrain from exercising,

functions so as to—

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(a)
encourage, maintain or improve working relationships

(including co-operative working) between relevant persons,

or

(b)
limit or prevent the overlapping or conflicting exercise of

functions;

“relevant persons” means—

(a)
the Secretary of State in the exercise of policing functions;

(b)
each elected local policing body;

(c)
the chief officer of each police force maintained by an

elected local policing body;

(d)
police and crime panels.”
Clause 90
51
Page 59, line 23, at end insert—

“( )
A statutory instrument containing an order under this section may not be

made unless a draft of the instrument has been laid before, and approved

by a resolution of, each House of Parliament.”
Clause 103
52
Page 65, line 28, at end insert—


“and to the person (if any) appointed as the deputy police and crime

commissioner under section 18.”
Clause 151
53
Page 101, line 32, at end insert—

“(A1)
In section 2 of the Parks Regulation (Amendment) Act 1926 (power to make

regulations), after subsection (1) insert—

“(1A)
Regulations under subsection (1) may include provision applying

(with any necessary modifications) sections 4 to 6 of the Royal Parks

(Trading) Act 2000 (seizure, retention, disposal and forfeiture of

property) in relation to offences under that subsection that are not

park trading offences for the purposes of that Act.””
Clause 155
54
Page 103, line 38, after “32(1)” insert “32(1)(a) or 36”
55
Page 103, line 40, at end insert—

“(d)
an order under paragraph 16 of Schedule 15 which contains

provision amending an Act (whether or not it also contains other

provision).”
Clause 157
56
Page 104, line 14, leave out “and” and insert “to”
57
Page 104, line 14, leave out “(4)” and insert “(5)”
58
Page 104, line 22, at end insert—

9

“(3A)
Section 99 and Schedule 15 apply to England and Wales and Scotland.”
59
Page 104, line 25, at end insert—

“(5)
Subsection (4) does not apply to the amendment made to section 2 of the

Parks Regulation (Amendment) Act 1926 by section 151(A1) above (which

accordingly extends to England and Wales only).”
Schedule 1
60
Page 107, line 5, at end insert—

    “( )
A police and crime commissioner must comply with paragraphs 7B to 7E

in appointing the commissioner’s chief executive or the commissioner’s

chief finance officer.”
61
Page 107, line 24, at end insert—

“The deputy police and crime commissioner

7A  (1)
This paragraph applies to a person appointed under section 18 by a

police and crime commissioner to be the deputy police and crime

commissioner.

      (2)
None of the following may be appointed as the deputy police and crime

commissioner—

(a)
a person who has not attained the age of 18 on the day of the

appointment;

(b)
a person who is subject to a relevant disqualification;

(c)
a Member of the House of Commons;

(d)
a member of the European Parliament;

(e)
a member of the National Assembly for Wales;

(f)
a member of the Scottish Parliament;

(g)
a member of the Northern Ireland Assembly.

      (3)
The terms and conditions of a person who is appointed as the deputy

police and crime commissioner must provide for the appointment to end

not later than the day when the current term of office of the appointing

police and crime commissioner ends.

      (4)
Section 7 of the Local Government and Housing Act 1989 (appointment

of staff on merit) does not apply to the deputy police and crime

commissioner.

      (5)
In this paragraph “current term of office”, in relation to the appointment

of a deputy police and crime commissioner by a police and crime

commissioner, means the commissioner’s term of office which is

running at the time the appointment is made.

      (6)
For the purposes of this paragraph, a person is subject to a relevant

disqualification if the person is disqualified from being elected as, or

being, a police and crime commissioner under—

(a)
section 66(1) (police officers, police-related employment etc),

other than paragraph (e)(ii); or

(b)
section 67(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship,

bankruptcy, criminal convictions & corrupt or illegal election

practices).

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Scrutiny of senior appointments

7B  (1)
A police and crime commissioner must notify the relevant police and

crime panel of each proposed appointment by the commissioner of—

(a)
the commissioner’s chief executive,

(b)
the commissioner’s chief finance officer, or

(c)
a deputy police and crime commissioner.

      (2)
In a case where the police and crime commissioner notifies the relevant

police and crime panel of such an appointment (“a proposed senior

appointment”), the commissioner must also notify the panel of the

following information—

(a)
the name of the person whom the commissioner is proposing to

appoint (“the candidate”);

(b)
the criteria used to assess the suitability of the candidate for the

appointment;

(c)
why the candidate satisfies those criteria; and

(d)
the terms and conditions on which the candidate is to be

appointed.

7C  (1)
This paragraph applies if a police and crime panel is notified under

paragraph 7B of a proposed senior appointment.

      (2)
The panel must review the proposed senior appointment.

      (3)
The panel must make a report to the commissioner on the proposed

senior appointment.

      (4)
The report must include a recommendation to the police and crime

commissioner as to whether or not the candidate should be appointed.

      (5)
The panel must comply with sub-paragraphs (2) to (4), within the period

of three weeks beginning with the day on which the panel receives the

notification from the commissioner of the proposed senior appointment.

      (6)
The panel must publish the report to the commissioner made under this

paragraph.

      (7)
It is for the panel to determine the manner in which the recommendation

is to be published in accordance with sub-paragraph (6).

      (8)
In calculating the period of three weeks for the purpose of sub-

paragraph (5), any relevant post-election period is to be ignored.

      (9)
For that purpose, “relevant post-election period” means the period

that—

(a)
begins with the day of the poll at an ordinary election of a police

and crime commissioner under section 50, and

(b)
ends with the day on which the person elected as police and

crime commissioner delivers a declaration of acceptance of office

under section 71.

7D  (1)
A police and crime panel must hold a confirmation hearing before

making a report and recommendation under paragraph 7C to the police

and crime commissioner in relation to a proposed senior appointment.

      (2)
For the purposes of this Schedule a “confirmation hearing” is a meeting

of the panel, held in public, at which the candidate is requested to appear

for the purpose of answering questions relating to the appointment.

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      (3)
References in this Schedule to a person appearing at a meeting of the

panel are references to the person—

(a)
attending the meeting in person, or

(b)
not attending the meeting in person, but participating in the

proceedings at the meeting by any means that enable the person

to hear, and be heard in, those proceedings as they happen.

7E  (1)
The police and crime commissioner may accept or reject the panel’s

recommendation under paragraph 7C as to whether or not the candidate

should be appointed.

      (2)
The police and crime commissioner must notify the panel of the decision

whether to accept or reject the recommendation.”
Schedule 2
62
Page 109, line 13, leave out “chief finance officer of a chief constable” and insert

“police force’s chief finance officer”
63
Page 109, line 32, after “not)” insert “, but only with the consent of the relevant

police and crime commissioner”
64
Page 109, line 35, leave out sub-paragraph (c) and insert—

  “(2A)
But the chief constable may not borrow money.

    (2B)
Sub-paragraph (2)(a) does not require the chief constable to obtain the

consent of the relevant police and crime commissioner in order to enter

into a contract or other agreement with a person—

(a)
by virtue of which the person becomes, or is, a member of the

police force’s civilian staff, or

(b)
which otherwise relates to the person’s membership of that

civilian staff (including the terms and conditions of the person’s

membership).”
Schedule 3
65
Page 111, line 21, leave out sub-paragraph (a)
Schedule 4
66
Page 113, line 40, at end insert—

“1A(1)
The Commissioner of Police of the Metropolis must appoint a qualified

person to act as chief finance officer, if and for as long as—

(a)
that post is vacant, or

(b)
the holder of that post is, in the Commissioner’s opinion, unable

to carry out the duties of that post.

      (2)
For the purposes of sub-paragraph (1) a person is qualified to be

appointed to act as chief finance officer if that person is qualified to be

appointed to the post under paragraph 1.

      (3)
A reference in any enactment to the metropolitan police force’s chief

finance officer includes a reference to a person acting as chief finance

officer in accordance with sub-paragraph (1).”
67
Page 114, line 21, after “not)” insert “, but only with the consent of the Mayor’s



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