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Session 2010 - 12
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3241

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 6 September 2011

 

Consideration of Lords Amendments


 

Police Reform and Social Responsibility Bill

 

On Consideration of Lords Amendments to the Police Reform and Social Responsibility Bill


 

Lords Amendment No. 1

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 2

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 3

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 



 
 

Notices of Amendments: 6 September 2011                  

3242

 

Police Reform and Social Responsibility Bill, continued

 
 

Lords Amendment No. 4

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 


 

Lords Amendment No. 6

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Theresa May

 

To move the following Amendments to the Bill in lieu of the Lords Amendments Nos. 1 to 4

 

and 6:—

 

(a)

 

Page  14,  line  8,  at end insert—

 

‘(3A)    

In carrying out functions, an elected local policing body must have regard to any

 

financial code of practice issued by the Secretary of State.

 

(3C)    

The Secretary of State may from time to time revise the whole or any part of any

 

financial code of practice.

 

(3D)    

The Secretary of State must lay before Parliament a copy of—

 

(a)    

any financial code of practice, and

 

(b)    

any revision of a financial code of practice.

 

(3E)    

In this section “financial code of practice” means a code of practice relating to the

 

proper administration by elected local policing bodies of their financial affairs.’.

 

 

(b)

 

Page  31,  line  40,  at end insert—

 

‘(1A)    

The poll at the ordinary election of police and crime commissioners in 2012 is to

 

be held on 15 November 2012.’.

 

 

(c)

 

Page  32      ,   leave out lines 2 to 8 and insert ‘after 2012 is to be held on the ordinary day of

 

election in the year of the election.

 

(2A)    

But, if the Secretary of State so specifies in an order, the poll at an ordinary

 

election of police and crime commissioners in any year after 2012 is to be held

 

on such day in the year of the election as may be specified in the order.

 

(2B)    

An order under subsection (2A)—

 

(a)    

may not specify, as the day of a poll, a day which is before the ordinary

 

day of election in the year of the election;

 

(b)    

may not be made within the period of six months ending with the

 

ordinary day of election in relation to England, or (if earlier) the ordinary

 

day of election in relation to Wales, in the year of the election (or the first

 

of the elections) to which the order relates.

 

(2C)    

In this section, “the ordinary day of election” in any year means—


 
 

Notices of Amendments: 6 September 2011                  

3243

 

Police Reform and Social Responsibility Bill, continued

 
 

(a)    

in relation to England, the day which is the ordinary day of election in

 

that year of councillors for counties in England and districts (see sections

 

37 and 37A of the Representation of the People Act 1983), and

 

(b)    

in relation to Wales, the day which is the ordinary day of election in that

 

year of councillors for counties in Wales and county boroughs (see

 

sections 37 and 37B of that Act).’.

 

 

(d)

 

Page  103 ,  line  39,  after ‘section’ insert ‘50 or’.

 


 

Lords Amendment No. 43

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Theresa May

 

To move the following Amendments to the Bill in lieu of the Lords Amendment:—

 

(a)

 

Page  28,  line  14,  at end insert—

 

‘(9A)    

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)    

section 38(2) and (3) apply in relation to the acting chief constable as they

 

apply 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)    

section 39(4) and (5) or section 40(3) and (4) do not apply in relation to

 

the acting chief constable.’.

 

 

(b)

 

Page  29,  line  41,  at end insert—

 

‘(6)    

In a case where an Assistant Commissioner of Police of the Metropolis is acting

 

in place of the Commissioner of Police of the Metropolis—

 

(a)    

section 48 applies in relation to the Assistant Commissioner as it applies

 

to the Commissioner (and references to the Commissioner in that section,

 

and in other enactments relating to that section, are to be read

 

accordingly); and

 

(b)    

section 49 does not apply in relation to the Assistant Commissioner.

 

(7)    

For the purposes of subsection (6), an Assistant Commissioner is to be taken to

 

be acting in place of the Commissioner at a particular time if—

 

(a)    

the Assistant Commissioner is, at that time, authorised by subsection (4)

 

to exercise powers and duties of the Commissioner, and

 

(b)    

that time falls during—

 

(i)    

any absence, incapacity or suspension from office of the

 

Commissioner, or


 
 

Notices of Amendments: 6 September 2011                  

3244

 

Police Reform and Social Responsibility Bill, continued

 
 

(ii)    

any vacancy in the office of Commissioner.’.

 


 

Lords Amendment No. 163

 

As an Amendment to the Lords Amendment:—

 

Secretary Theresa May

 

(a)

 

Line  3,  leave out from ‘or’ to end and insert ‘an acting chief officer, the local

 

policing body”;

 

(ii)    

in paragraph (a)(ii), for “a senior officer” substitute “the chief

 

officer or an acting chief officer”;

 

(iii)    

in paragraph (b)(i), for “a senior officer, the police authority”

 

substitute “the chief officer or an acting chief officer, the local

 

policing body”;

 

(iv)    

in paragraph (b)(ii), for “a senior officer” substitute “the chief

 

officer or an acting chief officer”;

 

(v)    

after paragraph (b)(ii) insert—

 

    

“and, for the purposes of this definition, “acting chief officer”

 

means a person exercising or performing functions of a chief

 

constable in accordance with section 41 of the Police Reform

 

and Social Responsibility Act 2011; a person exercising

 

powers or duties of the Commissioner of Police of the

 

Metropolis in accordance with section 44 or 45(4) of that Act;

 

or a person exercising duties of the Commissioner of Police

 

for the City of London in accordance with section 25 of the

 

City of London Police Act 1839;”;’.

 

 


 
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