Session 2016-17
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 8 June 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 126 - 131 and NC60 to NC67

 

Consideration of Bill (Report Stage)


 

Policing and Crime Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Order of the House [26 April 2016].

 


 

New clauses and new Schedules relating to the inspection of fire and

 

rescue services; new clauses, new Schedules and amendments relating to

 

Part 2; new clauses, new Schedules and amendments relating to Part 4.

 

Secretary Theresa May

 

NC48

 

To move the following Clause—

 

         

“Inspection of fire and rescue authorities

 

(1)    

The Fire and Rescue Services Act 2004 is amended as follows.

 

(2)    

In section 28 (inspectors), before subsection (1) insert—

 

“(A1)    

Her Majesty may appoint such number of inspectors of fire and rescue

 

authorities in England (the “English inspectors”) as the Secretary of State

 

may determine.

 

(A2)    

Of the persons appointed under subsection (A1) one is to be appointed as

 

the chief fire and rescue inspector for England.


 
 

Notices of Amendments: 8 June 2016                     

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Policing and Crime Bill, continued

 
 

(A3)    

The English inspectors must inspect, and report on the efficiency and

 

effectiveness of, fire and rescue authorities in England.

 

(A4)    

The English inspectors must carry out such other duties for the purpose

 

of furthering the efficiency and effectiveness of fire and rescue

 

authorities in England as the Secretary of State may from time to time

 

direct.

 

(A5)    

The chief fire and rescue inspector for England may appoint assistant

 

inspectors and other officers for the purpose of assisting the English

 

inspectors.

 

(A6)    

When carrying out an inspection under subsection (A3) of a fire and

 

rescue authority created by an order under section 4A, an English

 

inspector must not review or scrutinise decisions made, or other action

 

taken, by the fire and rescue authority in connection with the discharge

 

of an excluded function.

 

(A7)    

For the purposes of subsection (A6), the following are excluded functions

 

in relation to a fire and rescue authority—

 

(a)    

the function of preparing a fire and rescue plan and a fire and

 

rescue statement (within the meaning of Schedule A2);

 

(b)    

the functions that the authority has in its capacity as a major

 

precepting authority for the purposes of Part 1 of the Local

 

Government Finance Act 1992;

 

(c)    

the function of appointing a chief finance officer under section

 

4D(4);

 

(d)    

where functions of the authority have been delegated to a chief

 

constable under an order under section 4H, the functions

 

conferred on the authority by section 4J(4) and (5);

 

(e)    

functions specified, or of a description specified, in relation to

 

that authority in an order made by the Secretary of State.

 

(A8)    

The power under subsection (A7)(e) may be exercised in relation to—

 

(a)    

all fire and rescue authorities created by an order under section

 

4A,

 

(b)    

a particular fire and rescue authority created by an order under

 

section 4A, or

 

(c)    

a particular description of fire and rescue authorities created by

 

an order under section 4A.

 

(A9)    

Schedule A3 makes further provision in relation to the English

 

inspectors.”

 

(3)    

In section 28, in subsection (1)(a), after “fire and rescue authorities” insert “in

 

Wales”.

 

(4)    

After section 28 insert—

 

“28A  

Inspection programme and inspection framework etc: England

 

(1)    

The chief fire and rescue inspector for England must from time to time

 

prepare—

 

(a)    

a document setting out what inspections of fire and rescue

 

authorities in England the English inspectors propose to carry

 

out under section 28(A3) (an “inspection programme”);


 
 

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Policing and Crime Bill, continued

 
 

(b)    

a document setting out the manner in which the English

 

inspectors propose to carry out the function conferred on them by

 

section 28(A3) (an “inspection framework”).

 

(2)    

The chief fire and rescue inspector for England must obtain the approval

 

of the Secretary of State to an inspection programme or inspection

 

framework before the English inspectors act in accordance with it.

 

(3)    

The Secretary of State may at any time require the chief fire and rescue

 

inspector for England to carry out, or arrange for another English

 

inspector to carry out, an inspection under section 28(A3) of—

 

(a)    

a fire and rescue authority in England;

 

(b)    

all fire and rescue authorities in England;

 

(c)    

all fire and rescue authorities in England of a particular type.

 

(4)    

A requirement imposed under subsection (3) may limit the inspection to

 

a particular matter.

 

(5)    

The chief fire and rescue inspector for England or, at the request of that

 

inspector, any other English inspector may carry out an inspection under

 

section 28(A3) of a fire and rescue authority in England that has not been

 

set out in an inspection programme (and has not been required under

 

subsection (3)).

 

(6)    

Before deciding to carry out, or to request another English inspector to

 

carry out, an inspection of a fire and rescue authority in England that has

 

not been set out in an inspection programme, the chief fire and rescue

 

inspector for England must consult the Secretary of State.

 

(7)    

Nothing in an inspection programme or inspection framework is to be

 

read as preventing an English inspector from making a visit without

 

notice.

 

(8)    

In this section “English inspector” means an inspector appointed under

 

section 28(A1).”

 

(5)    

After section 28A (as inserted by subsection (4)) insert—

 

“28B  

Publication of inspection reports etc: England

 

(1)    

The chief fire and rescue inspector for England must arrange for a report

 

prepared under section 28(A3) to be published in such manner as appears

 

to him or her to be appropriate.

 

(2)    

But the chief fire and rescue inspector for England must exclude from

 

publication under subsection (1) anything that he or she considers—

 

(a)    

would be against the interests of national security, or

 

(b)    

might jeopardise the safety of any person.

 

(3)    

The chief fire and rescue inspector for England must—

 

(a)    

send a copy of the published report to the Secretary of State, and

 

(b)    

disclose to the Secretary of State anything excluded from

 

publication by virtue of subsection (2).

 

(4)    

The chief fire and rescue inspector for England must in each year submit

 

to the Secretary of State a report on the carrying out of inspections under

 

section 28(A3) (during the period since the last report).

 

(5)    

A report under subsection (4) must include the chief fire and rescue

 

inspector for England’s assessment of the efficiency and effectiveness of


 
 

Notices of Amendments: 8 June 2016                     

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Policing and Crime Bill, continued

 
 

fire and rescue authorities in England for the period in respect of which

 

the report is prepared.

 

(6)    

The chief fire and rescue inspector for England must lay before

 

Parliament a copy of a report submitted under subsection (4).

 

(7)    

In this section “English inspector” means an inspector appointed under

 

section 28(A1).”

 

(6)    

In Schedule A2 (application of legislation relating to police and crime

 

commissioners) (as inserted by Schedule 1 to this Act), in paragraph 8(2) (powers

 

of police and crime panels: modifications of section 28 of the Police Reform and

 

Social Responsibility Act 2011), after paragraph (c) insert—

 

“(ca)    

the references in subsection (6) to the commissioner’s

 

functions were to the functions of the relevant fire and rescue

 

authority that are excluded functions for the purposes of

 

section 28(A6) of this Act (see section 28(A7)),”

 

(7)    

After Schedule A2 insert the new Schedule A3 set out in Schedule (Schedule to

 

be inserted as Schedule A3 to the Fire and Rescue Services Act 2004) to this Act.

 

(8)    

A person appointed, before the coming into force of this section, under section 28

 

of the Fire and Rescue Services Act 2004 for the purpose of obtaining information

 

in relation to the functions of fire and rescue authorities in England (including a

 

person taken to have been so appointed by virtue of subsection (3) of that section)

 

is to be taken—

 

(a)    

if an inspector, to have been appointed under subsection (A1) of that

 

section, and

 

(b)    

if an assistant inspector or other officer, to have been appointed under

 

subsection (A5) of that section.”

 

Member’s explanatory statement

 

The new clause amends, in relation to England, the provision in the Fire and Rescue Services Act

 

2004 about inspections. New subsections (A1), (A2) and (A5) change the process for appointing

 

inspectors, assistant inspectors and other officers and provide for one of the inspectors appointed

 

to be the chief fire and rescue inspector for England. That person will have to prepare documents

 

setting out details of proposed inspections (see new section 28A). New section 28B of the 2004 Act

 

will impose new reporting requirements.

 

 


 

Secretary Theresa May

 

NS1

 

To move the following Schedule—

 

“Schedule to be inserted as Schedule A3 to the Fire and Rescue Services Act

 

2004

 

“Schedule A3

 

Section 28

 

English Inspectors

 

Interpretation

 

1    (1)  

This paragraph applies for the purposes of this Schedule.

 

      (2)  

References to an English inspector are to an inspector appointed

 

under section 28(A1).


 
 

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Policing and Crime Bill, continued

 
 

      (3)  

References to the inspection function are to the function conferred

 

on the English inspectors by section 28(A3).

 

      (4)  

References to a person providing services to a fire and rescue

 

authority are to a person providing services, in pursuance of

 

contractual arrangements (but without being employed by a fire and

 

rescue authority), to assist the fire and rescue authority in relation

 

to the exercise of its functions.

 

      (5)  

“Public authority” includes any person certain of whose functions

 

are functions of a public nature.

 

Delegation

 

2          

An English inspector may arrange for the inspection function to be

 

exercised (to such extent as the inspector may determine) by

 

another public authority on behalf of the inspector.

 

Working with Her Majesty’s Inspectors of Constabulary

 

3          

An English inspector, when exercising the inspection function,

 

must co-operate with Her Majesty’s Inspectors of Constabulary.

 

4          

An English inspector may act jointly with Her Majesty’s Inspectors

 

of Constabulary where it is appropriate to do so for the efficient and

 

effective exercise of the inspection function.

 

Assistance for other public authorities

 

5    (1)  

The chief fire and rescue inspector for England may, if he or she

 

thinks it appropriate to do so, provide assistance to any other public

 

authority for the purpose of the exercise by that authority of its

 

functions.

 

      (2)  

The chief fire and rescue inspector for England may do anything he

 

or she thinks appropriate to facilitate the carrying out of an

 

inspection under section 10 of the Local Government Act 1999

 

(inspection of best value authorities).

 

      (3)  

Anything done under this paragraph may be done on such terms

 

(including terms as to payment) as the chief fire and rescue

 

inspector for England thinks fit.

 

Powers of English inspectors to obtain information etc

 

6    (1)  

An English inspector may serve on a relevant person a notice

 

requiring the person—

 

(a)    

to provide the inspector with any information or documents

 

that the inspector reasonably requires for the purpose of the

 

exercise of the inspection function;

 

(b)    

to produce or deliver up to the inspector any evidence or

 

other things that the inspector reasonably requires for that

 

purpose.

 

            

This is subject to sub-paragraphs (6) to (8).

 

      (2)  

In sub-paragraph (1), “relevant person” means—

 

(a)    

a fire and rescue authority in England;


 
 

Notices of Amendments: 8 June 2016                     

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Policing and Crime Bill, continued

 
 

(b)    

an employee of a fire and rescue authority in England;

 

(c)    

a person providing services to a fire and rescue authority in

 

England;

 

(d)    

an employee of a person providing services to a fire and

 

rescue authority in England.

 

      (3)  

A notice under this paragraph must—

 

(a)    

specify or describe the information, documents, evidence

 

or other things that are required by the inspector;

 

(b)    

specify the period within which the information,

 

documents, evidence or other things must be provided,

 

produced or delivered up.

 

      (4)  

A notice under this paragraph may specify the form and manner in

 

which any information, documents, evidence or other things are to

 

be provided, produced or delivered up.

 

      (5)  

An English inspector may cancel a notice under this paragraph by

 

written notice to the person on whom it was served.

 

      (6)  

A notice under this paragraph must not be used to obtain

 

information, or any document or other thing, from a person if—

 

(a)    

the information, or the document or other thing, was

 

obtained by that person (directly or indirectly) from a body

 

or other entity mentioned in sub-paragraph (7), or

 

(b)    

the information, or the document or other thing, relates to a

 

body or other entity mentioned in that sub-paragraph.

 

      (7)  

The bodies and other entities referred to in sub-paragraph (6) are—

 

(a)    

the Security Service,

 

(b)    

the Secret Intelligence Service,

 

(c)    

the Government Communications Headquarters, or

 

(d)    

any part of Her Majesty’s forces, or of the Ministry of

 

Defence, which engages in intelligence activities.

 

      (8)  

A notice under this paragraph must not require a person—

 

(a)    

to provide information that might incriminate the person;

 

(b)    

to provide an item subject to legal privilege within the

 

meaning of the Police and Criminal Evidence Act 1984

 

(see section 10 of that Act).

 

      (9)  

In this paragraph—

 

“document” means anything in which information of any description

 

is recorded;

 

“English inspector” includes—

 

(a)    

a person appointed under section 28(A5) as an assistant inspector

 

or other officer;

 

(b)    

a person authorised by an English inspector to act on behalf of

 

the inspector for the purposes of this paragraph.

 

Powers of English inspectors to obtain access to premises

 

7    (1)  

An English inspector may serve on a person a notice requiring the

 

person to allow the inspector access, which the inspector reasonably


 
 

Notices of Amendments: 8 June 2016                     

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Policing and Crime Bill, continued

 
 

requires for the purpose of the exercise of the inspection function,

 

to—

 

(a)    

premises that are occupied for the purposes of —

 

(i)    

a fire and rescue authority in England,

 

(ii)    

a person providing services to a fire and rescue

 

authority in England, and

 

(b)    

documents and other things on those premises.

 

      (2)  

A notice under this paragraph must—

 

(a)    

specify or describe the premises to which the inspector

 

requires access;

 

(b)    

specify the time when access is required (which may be

 

immediately after the service of the notice).

 

      (3)  

Where there are reasonable grounds for not allowing the inspector

 

to have access to the premises at the time specified under sub-

 

paragraph (2)(b), the requirement under this paragraph has effect as

 

a requirement to secure that access is allowed to the inspector at the

 

earliest practicable time specified by the inspector after there cease

 

to be such grounds.

 

      (4)  

An English inspector may cancel a notice under this paragraph by

 

written notice to the person on whom it was served.

 

      (5)  

In this paragraph “document” and “English inspector” have the

 

same meanings as in paragraph 6 (and, for that purpose, the

 

reference in paragraph (b) of the definition of “English inspector”

 

in paragraph 6(9) to paragraph 6 is to be read as a reference to this

 

paragraph).

 

Failure to comply with notice under paragraph 6 or 7

 

8    (1)  

If a person who has received a notice under paragraph 6 or 7—

 

(a)    

fails or refuses without reasonable excuse to do what is

 

required by the notice, or

 

(b)    

(in the case of a notice under paragraph 6) knowingly or

 

recklessly provides information in response to the notice

 

that is false in a material respect,

 

            

the chief fire and rescue inspector for England may certify in

 

writing to the High Court that the person has failed to comply with

 

the notice.

 

      (2)  

The High Court may then inquire into the matter and, after hearing

 

any witness who may be produced against or on behalf of the

 

person, and after hearing any statement offered in defence, deal

 

with the person as if the person had committed a contempt of court.

 

Sensitive information: restriction on further disclosure

 

9    (1)  

Where an English inspector, in exercise of the inspection function,

 

receives information within sub-paragraph (2), the inspector must

 

not disclose the information, or the fact that it has been received,

 

unless the relevant authority consents to the disclosure.

 

      (2)  

The information is—

 

(a)    

intelligence service information;


 
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