House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

3263

House of Commons

Notices of Amendments

given up to and including

Thursday 8 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

Note

The Amendments have been arranged in accordance with the Police Reform and

Social Responsibility Bill (Programme) (No. 3) Motion as proposed by Secretary

Theresa May.

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.

Notices of Amendments: 8 September 2011
3264

Police Reform and Social Responsibility Bill, continued

Lords Amendment No. 3

Secretary Theresa May

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

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.’.

Notices of Amendments: 8 September 2011
3265

Police Reform and Social Responsibility Bill, continued

As Amendments to Secretary Theresa May’s proposed amendment (a) in lieu of Lords

Amendments Nos 1 to 4 and 6:

Yvette Cooper

Vernon Coaker

Clive Efford

Diana Johnson

(i)


Line  3,  at end insert—

‘(3AA)
A financial code of practice issued under (3A) must include an assessment of the

potential impact of changes to the police grant on police officer numbers, starting

with a base year of 2010-11.’.

Yvette Cooper

Vernon Coaker

Clive Efford

Diana Johnson

(ii)


Line  3,  at end insert—

‘(3AA)
A financial code of practice must require an assessment of the budgetary

requirement of the Chief Constable for the effective provision of policing in that

authority.’.

Secretary Theresa May

(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.’.

As Amendments to Secretary Theresa May’s proposed amendment (b) in lieu of Lords

Amendments Nos 1 to 4 and 6:

Yvette Cooper

Vernon Coaker

Diana Johnson

Shabana Mahmood

(i)


Line  3,  leave out ‘15 November 2012’ and insert ‘a day to be appointed by the

Secretary of State to coincide with the first appropriate local elections to be held

after both Houses of Parliament have resolved to approve the conclusions of the

review to be carried out under subsection (1B) below.

(1B)
The review referred to in subsection (1A) above is to be carried out by Her

Majesty’s Inspectorate of Constabulary into police finances and the impact of

public order policing.’.

Notices of Amendments: 8 September 2011
3266

Police Reform and Social Responsibility Bill, continued

Paul Murphy

Sian James

Chris Ruane

Martin Caton

Kevin Brennan

Nia Griffith

Huw Irranca-Davies

Ian Lucas

Susan Elan Jones

Paul Flynn

Nick Smith

Mr David Hanson

Alun Michael

Chris Evans

Albert Owen

Mark Tami

(ii)


Line  3,  at end add ‘except in Wales, where the poll at the ordinary election of

police and crime commissioners is to be held on a date appointed by the

National Assembly for Wales.’.

Secretary Theresa May

(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—

(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).’.

Secretary Theresa May

(d)

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

Notices of Amendments: 8 September 2011
3267

Police Reform and Social Responsibility Bill, continued

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.’.

Secretary Theresa May

(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

(ii)
any vacancy in the office of Commissioner.’.

Notices of Amendments: 8 September 2011
3268

Police Reform and Social Responsibility Bill, continued

Lords Amendment No. 80

As an Amendment to the Lords Amendment:—

Stephen Gilbert

Dan Rogerson

Andrew George

(a)


Line  4,  at end insert—

‘( )
in the case of a police area which includes both a county or counties

which operate a unitary local government system and a county or

counties which operate a two-tier local government system a police and

crime panel must, in co-opting persons who are members of relevant

local authorities, secure that local authority representation on the panel is

proportionate (so far as is reasonably practicable) to the population of

each local authority within the police area.’.

Lords Amendment No. 98

Yvette Cooper

Vernon Coaker

Diana Johnson

Shabana Mahmood

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

Yvette Cooper

Vernon Coaker

Diana Johnson

Shabana Mahmood

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

(a)


Page  135,  line  16,  leave out ‘at least three-quarters of the persons who are’ and insert

‘no fewer than two-thirds of the’.

Yvette Cooper

Vernon Coaker

Diana Johnson

Shabana Mahmood

(b)


Page  139,  line  5,  at end insert ‘, subject to sub-paragraph (3) and paragraph 16A

below.’.

Yvette Cooper

Vernon Coaker

Diana Johnson

Shabana Mahmood

(c)


Page  139      ,  line  7,  at end insert—

Notices of Amendments: 8 September 2011
3269

Police Reform and Social Responsibility Bill, continued

‘(3)
Where no fewer than two-thirds of the members of the panel at the time when the

decision is made vote to make a recommendation against the proposed decision

of the Police and Crime Commissioner to call upon the chief constable to retire

or resign, the Police and Crime Commissioner must accept that recommendation.

Removal: HMIC referral to Secretary of State

16A(1)
Her Majesty’s Inspectorate of Constabulary may refer any proposed removal

of a chief constable to the Secretary of State for review.

      (2)
The Secretary of State may, upon consideration of a referral under sub-

paragraph (1) above, veto the proposed removal.’.

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;”;’.

Order of the House [13 DECEMBER 2010]

That the following provisions shall apply to the Police Reform and Social

Responsibility 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



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