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Notices of Amendments: 27 June 2013                     

68

 

Anti-social Behaviour, continued

 
 

Mr Jeremy Browne

 

106

 

Clause  118,  page  88,  line  12,  leave out ‘the Government Communications

 

Headquarters (“GCHQ”)’ and insert ‘GCHQ’.

 

Mr Jeremy Browne

 

107

 

Clause  118,  page  88,  line  19,  at end insert—

 

‘“Minister of the Crown” includes the Treasury;’.

 

Mr Jeremy Browne

 

108

 

Clause  118,  page  88,  line  34,  at end insert—

 

‘( )    

in the case of information within sub-paragraph (2)(c)—

 

(i)    

the Secretary of State, or

 

(ii)    

the Minister of the Crown in charge of the government

 

department from which the information was obtained (if that

 

Minister is not a Secretary of State);’.

 

Mr Jeremy Browne

 

109

 

Clause  140,  page  107,  line  30,  at end insert—

 

‘( )    

section [Retention of personal samples that are or may be

 

disclosable](1);’.

 

Mr Jeremy Browne

 

110

 

Clause  140,  page  108,  line  2,  at end insert—

 

‘( )    

section [Retention of personal samples that are or may be

 

disclosable](2);’.

 

Mr Jeremy Browne

 

111

 

Schedule  6,  page  132,  line  28,  at end insert—

 

‘Power to make and retain copies

 

            

In Schedule 7 to the Terrorism Act 2000, after paragraph 11 there is inserted—

 

“Power to make and retain copies

 

11A(1)  

This paragraph applies where the examining officer is a constable.

 

      (2)  

The examining officer may copy anything which—

 

(a)    

is given to the examining officer in accordance with

 

paragraph 5,

 

(b)    

is searched or found on a search under paragraph 8, or

 

(c)    

is examined under paragraph 9.

 

      (3)  

The copy may be retained—

 

(a)    

for so long as is necessary for the purpose of determining

 

whether a person falls within section 40(1)(b),


 
 

Notices of Amendments: 27 June 2013                     

69

 

Anti-social Behaviour, continued

 
 

(b)    

while the examining officer believes that it may be needed

 

for use as evidence in criminal proceedings, or

 

(c)    

while the examining officer believes that it may be needed

 

in connection with a decision by the Secretary of State

 

whether to make a deportation order under the Immigration

 

Act 1971.”’.

 

Mr Jeremy Browne

 

112

 

Schedule  7,  page  146,  line  16,  at end insert—

 

    ‘( )  

In paragraph 20A(4), at the end there is inserted “, but this is subject to

 

paragraph 19ZD (restriction on disclosure of sensitive information)”.

 

      ( )  

In paragraph 20C(4)—

 

(a)    

the words from the beginning to “sub-paragraph (3),” are omitted;

 

(b)    

at the end there is inserted “, except so far as—

 

(a)    

regulations made by virtue of sub-paragraph (3)

 

provide otherwise, or

 

(b)    

the Commission is prevented from doing so by

 

paragraph 19ZD (restriction on disclosure of

 

sensitive information).”

 

      ( )  

In paragraph 20H(5)—

 

(a)    

the words from the beginning to “sub-paragraph (4),” are omitted;

 

(b)    

at the end there is inserted “, except so far as—

 

(a)    

regulations made by virtue of sub-paragraph (4)

 

provide otherwise, or

 

(b)    

the Commission is prevented from doing so by

 

paragraph 19ZD (restriction on disclosure of

 

sensitive information).”

 

      ( )  

In paragraph 23(12)—

 

(a)    

the words from the beginning to “sub-paragraph (11),” are omitted;

 

(b)    

at the end there is inserted “, except so far as—

 

(a)    

regulations made by virtue of sub-paragraph (11)

 

provide otherwise, or

 

(b)    

the Commission is prevented from doing so by

 

paragraph 19ZD (restriction on disclosure of

 

sensitive information).”

 

      ( )  

In paragraph 24A(3), after “a report” there is inserted “to the Commission”.’.

 

Appointment of chief officers of police

 

Mr Jeremy Browne

 

NC9

 

To move the following Clause:—

 

‘(1)    

Paragraph 2 of Schedule 8 to the Police Reform and Social Responsibility Act

 

2011 (appointment of chief constables) is amended as follows.

 

(2)    

In sub-paragraph (1)(a), for “is, or has been, a constable in any part of the United

 

Kingdom” there is substituted “is eligible for appointment”.

 

(3)    

After sub-paragraph (1) there is inserted—

 

“(1A)  

A person is eligible for appointment if the person is or has been—


 
 

Notices of Amendments: 27 June 2013                     

70

 

Anti-social Behaviour, continued

 
 

(a)    

a constable in any part of the United Kingdom, or

 

(b)    

a police officer in an approved overseas police force, of at

 

least the approved rank.

 

    (1B)  

An “approved overseas police force” is a police force which—

 

(a)    

is in a country or territory outside the United Kingdom

 

designated by the College of Policing, and

 

(b)    

is designated in relation to that country or territory by the

 

College of Policing.

 

    (1C)  

The “approved rank” for an approved overseas police force is the rank

 

which is designated as the approved rank for that police force by the

 

College of Policing.

 

    (1D)  

The College of Policing must make designations under sub-

 

paragraphs (1B) and (1C), but must not do so without the approval of

 

the Secretary of State.”

 

(4)    

Section 42 of that Act (appointment of Commissioner of Police of the Metropolis)

 

is amended as follows.

 

(5)    

In subsection (3), for “is, or has been, a constable in any part of the United

 

Kingdom” there is substituted “is eligible for appointment”.

 

(6)    

After subsection (3) there is inserted—

 

“(3A)    

A person is eligible for appointment if the person is or has been—

 

(a)    

a constable in any part of the United Kingdom, or

 

(b)    

a police officer in an approved overseas police force, of at least

 

the approved rank.

 

(3B)    

An “approved overseas police force” is a police force which—

 

(a)    

is in a country or territory outside the United Kingdom

 

designated by the College of Policing, and

 

(b)    

is designated in relation to that country or territory by the College

 

of Policing.

 

(3C)    

The “approved rank” for an approved overseas police force is the rank

 

which is designated as the approved rank for that police force by the

 

College of Policing.

 

(3D)    

The College of Policing must make designations under subsections (3B)

 

and (3C), but must not do so without the approval of the Secretary of

 

State.”’.

 

Retention of personal samples that are or may be disclosable

 

Mr Jeremy Browne

 

NC10

 

To move the following Clause:—

 

‘(1)    

In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and

 

samples etc: exclusions from destruction rules)—

 

(a)    

in subsection (5) (material that is or may become disclosable to the

 

defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted

 

“Sections 63D to 63T”;

 

(b)    

after that subsection there is inserted—

 

“(5A)    

A sample that—


 
 

Notices of Amendments: 27 June 2013                     

71

 

Anti-social Behaviour, continued

 
 

(a)    

falls within subsection (5), and

 

(b)    

but for that subsection would be required to be destroyed

 

under section 63R,

 

    

must not be used other than for the purposes of any proceedings

 

for the offence in connection with which the sample was taken.

 

(5B)    

A sample that once fell within subsection (5) but no longer does,

 

and so becomes a sample to which section 63R applies, must be

 

destroyed immediately if the time specified for its destruction

 

under that section has already passed.”

 

(2)    

In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in

 

paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of

 

Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction

 

rules of material that is or may become disclosable to the defence)—

 

(a)    

for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A

 

material” there is substituted “Paragraphs 20A to 20H do not apply to

 

material”;

 

(b)    

at the end of that paragraph (which becomes sub-paragraph (1)) there is

 

inserted—

 

  “(2)  

A sample that—

 

(a)    

falls within sub-paragraph (1), and

 

(b)    

but for that sub-paragraph would be required to be

 

destroyed under paragraph 20G,

 

            

must not be used other than for the purposes of any

 

proceedings for the offence in connection with which the

 

sample was taken.

 

      (3)  

A sample that once fell within sub-paragraph (1) but no longer

 

does, and so becomes a sample to which paragraph 20G

 

applies, must be destroyed immediately if the time specified

 

for its destruction under that paragraph has already passed.”’.

 


 
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Revised 28 June 2013