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3277

 

House of Commons

 
 

Monday 12 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 to be 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.

 



 
 

Consideration of Lords Amendments: 12 September 2011      

3278

 

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.’.

 

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—


 
 

Consideration of Lords Amendments: 12 September 2011      

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Police Reform and Social Responsibility Bill, continued

 
 

‘(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.’.

 

Paul Murphy

 

Sian James

 

Chris Ruane

 

Martin Caton

 

Kevin Brennan

 

Nia Griffith

 

(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.


 
 

Consideration of Lords Amendments: 12 September 2011      

3280

 

Police Reform and Social Responsibility Bill, continued

 
 

(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’.

 


 

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—


 
 

Consideration of Lords Amendments: 12 September 2011      

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Police Reform and Social Responsibility Bill, continued

 
 

(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.’.

 


 

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:—


 
 

Consideration of Lords Amendments: 12 September 2011      

3282

 

Police Reform and Social Responsibility Bill, continued

 
 

(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—

 

‘(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


 
 

Consideration of Lords Amendments: 12 September 2011      

3283

 

Police Reform and Social Responsibility Bill, continued

 
 

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

 

concluded) be brought to a conclusion on Thursday 17 February 2011.

 

3.    

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

 

which it meets.

 

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.

 

 

ORDER OF THE HOUSE [30 MARCH 2011]

 

That the Order of 13 December 2010 (Police Reform and Social Responsibility Bill

 

(Programme)) be varied as follows—

 

1.    

Paragraphs 4 and 5 of the Order shall be omitted.

 

2.    

Proceedings on consideration and Third Reading shall be concluded in two

 

days.

 

3.    

Proceedings on consideration shall be taken on each of those days as shown

 

in the following Table and in the order so shown.

 

4.    

The Proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at the time specified in the second column of the Table.


 
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Revised 12 September 2011