LORDS AMENDMENTS TO THE

POLICING AND CRIME BILL

[The page and line references are to HL Bill 55, the bill as first printed for the Lords]

Clause 2

Page 3, line 4, leave out “and” and insert “or”

Clause 3

Page 3, line 18, after “effect” insert “on public safety or otherwise have an adverse

effect”

Clause 4

Page 4, line 38, leave out subsection (8) and insert—

“(8)    

A collaboration agreement may be—

(a)    

varied with the agreement of all of the parties to the  agreement, or

(b)    

replaced by a subsequent collaboration agreement.”

Clause 7

Page 9, line 40, after “or” insert “, in the case of a combined authority for an area

which is wholly within England,”

Clause 8

Page 11, line 19, leave out from “exercise” to end of line 20 and insert “the chief

constable’s fire and rescue functions.”

Page 11, line 23, leave out from “any” to end of line 24 and insert “functions

mentioned in that subsection;”

Page 11, line 25, leave out from “any” to “other” in line 26 and insert “functions

mentioned in that subsection”

Page 11, line 28, leave out from “of” to “specified” in line 29 and insert “such of the

functions mentioned in that subsection as are”

Page 11, line 45, at end insert—

“( )    

In this section “fire and rescue functions”, in relation to a chief

constable, means—

(a)    

functions which are exercisable by the chief constable by

virtue of provision made under subsection (2)(a), and

(b)    

functions relating to fire and rescue services which are

conferred on the chief constable by or by virtue of any

enactment.”

Page 12, line 17, at end insert—

“( )    

Before making the request the mayor must publish, in such manner as the

mayor thinks appropriate, the mayor’s response to the representations

made or views expressed in response to any consultations on the

proposal.”

Page 12, line 18, leave out “and (5)” and insert “to (5A)”

Page 12, line 19, leave out “has made” and insert “makes”

Page 12, line 36, at end insert—

“(5A)    

The Secretary of State must publish the independent assessment—

(a)    

as soon as is reasonably practicable after making a determination in

response to the proposal, and

(b)    

in such manner as the Secretary of State thinks appropriate.”

Page 12, line 41, at end insert—

“( )    

The Secretary of State may not make an order under section 107EA(2) in a

case within subsection (6)(a) of this section if the Secretary of State thinks

that the order would have an adverse effect on public safety.”

Page 13, line 19, after “constable” insert “, or

( )    

from the chief constable to the combined authority,”

Page 13, line 22, leave out from second “of” to end of line 23 and insert “the chief

constable’s fire and rescue functions.”

Page 13, line 45, leave out from first “of” to end of line and insert “the chief

constable’s fire and rescue functions.”

Page 14, line 8, leave out from “of” to end of line 9 and insert “the chief constable’s

fire and rescue functions;”

Page 14, line 40, after “section” insert “—

“fire and rescue functions” has the same meaning as in section

107EA;”

Page 16, line 10, at end insert—

“107EEA 

 Section 107EA orders: application of fire and rescue provisions

(1)    

The Secretary of State may by order—

(a)    

apply (with or without modifications) any provision of a fire

and rescue enactment in relation to a person within

subsection (2);

(b)    

make, in relation to a person within subsection (2),

provision corresponding or similar to any provision of a fire

and rescue enactment.

(2)    

Those persons are—

(a)    

a chief constable of a police force for a police area to whom

an order under section 107EA(2) applies,

(b)    

a member of staff transferred to such a chief constable under

a scheme made by virtue of section 107EC(1),

(c)    

a member of staff appointed by such a chief constable under

section 107EC(2),

(d)    

a member of such a chief constable’s police force by whom

functions are exercisable by virtue of section 107EA(2)(b),

and

(e)    

a member of the civilian staff of such a police force (as

defined by section 102(4) of the Police Reform and Social

Responsibility Act 2011) by whom functions are exercisable

by virtue of section 107EA(2)(b).

(3)    

The power conferred by subsection (1)(a) or (b) includes power to

apply (with or without modifications) any provision made under a

fire and rescue enactment or make provision corresponding or

similar to any such provision.

(4)    

The Secretary of State may by order amend, revoke or repeal a

provision of or made under an enactment in consequence of

provision made by virtue of subsection (1).

(5)    

In this section “fire and rescue enactment” means an enactment

relating to a fire and rescue authority (including, in particular, an

enactment relating to an employee of such an authority or property

of such an authority).

(6)    

References in this section to an enactment or to provision made

under an enactment are to an enactment whenever passed or (as the

case may be) to provision whenever the instrument containing it is

made.”

Page 16, line 30, leave out “Act” and insert “enactment”

Page 16, line 31, at end insert—

“( )    

References in this section to an enactment or to provision made

under an enactment are to an enactment whenever passed or (as the

case may be) to provision whenever the instrument containing it is

made.””

After Clause 11

Insert the following new Clause—

“Fire safety inspections

(1)    

The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) is

amended as follows.

(2)    

In article 2 (interpretation), in the definition of “fire inspector”—

(a)    

after “inspector”” insert “, in relation to Wales,”;

(b)    

for “section 28” substitute “section 28(1)”.

(3)    

In article 27 (powers of inspectors), after paragraph (4) insert—

“(5)    

This article applies to a person authorised by the Secretary of State

under article 25(1)(e) in relation to premises in England as it applies

to an inspector; and article 32(2)(d) to (f), with the necessary

modifications, applies accordingly.”

(4)    

In article 28 (exercise on behalf of fire inspectors etc of their powers by

officers of fire brigades)—

(a)    

in paragraph (1)—

(i)    

omit “, or any other person authorised by the Secretary of

State under article 25(e),”;

(ii)    

for “and (3)” substitute “to (4)”;

(b)    

after paragraph (1) insert—

“(1A)    

The powers conferred by article 27 on an authorised person

(by virtue of paragraph (5) of that article) are also

exercisable by an employee of a fire and rescue authority in

England when authorised in writing by such an authorised

person for the purpose of reporting to him or her on any

matter falling within the authorised person’s functions

under this Order; and articles 27(2) to (4) and 32(2)(d) to (f),

with the necessary modifications, apply accordingly.”;

(c)    

in paragraph (2), for “, or other person authorised by the Secretary

of State,” substitute “or authorised person”;

(d)    

after paragraph (2) insert—

“(3)    

In this article, “authorised person” means a person

authorised by the Secretary of State under article 25(1)(e) in

relation to premises in England.””

After Clause 26

Insert the following new Clause—

“Inquiry into complaints alleging corrupt relationships between police and

newspaper organisations

(1)    

Within one month of the condition in subsection (3) being satisfied, the

Prime Minister must commission an independent inquiry under the

Inquiries Act 2005 into the operation of the police complaints system in

respect of allegations of corrupt relationships between the police and

newspaper organisations.

(2)    

The inquiry’s terms of reference must include, but are not limited to—

(a)    

how adequately police forces have investigated complaints about

police officers in dealing with people working within, or connected

to, newspaper organisations;

(b)    

the thoroughness of any reviews by police forces into complaints of

the type specified in paragraph (a);

(c)    

in those cases where a complaint of the type referred to in

paragraph (a) led to a criminal investigation, the conduct of

prosecuting authorities in investigating the allegation;

(d)    

whether and to what extent, if any, police officers took illegal

payment to suppress investigations of complaints of relationships

between police officers and people working within, or connected to,

newspaper organisations;

(e)    

the implications of paragraphs (a) to (d) for the relationships

between newspaper organisations and the police, prosecuting

authorities, and relevant regulatory bodies, and recommend

actions in that respect.

(3)    

The condition in this subsection is that the Attorney-General determines

that the inquiry, if conducted effectively and fairly, would not be likely to

prejudice any ongoing relevant criminal investigations or court

proceedings cases.

(4)    

The Attorney-General must consider and reach a decision on the matter

specified in subsection (3) within one month of this section coming into

force, and if necessary must reconsider the matter each month until the

Attorney-General is able to make a determination as set out in subsection

(3).”

Clause 27

Page 40, leave out lines 9 to 19

Page 40, line 26, at end insert—

“(3A)    

For the purposes of this Part, a person is a “whistle-blower” if—

(a)    

the person is, or was at any time, under the direction and control of

a chief officer of police,

(b)    

the person raises a concern that is about a police force or a person

serving with the police,

(c)    

the matter to which the concern relates is not—

(i)    

about the conditions of service of persons serving with the

police, or

(ii)    

a matter that is, or could be, the subject of a complaint by the

person under Part 2, and

(d)    

at the time the Commission first becomes aware of the concern, the

matter to which it relates is not—

(i)    

under investigation under the direction of the Commission

in accordance with paragraph 18 of Schedule 3,

(ii)    

under investigation by the Commission in accordance with

paragraph 19 of that Schedule,

(iii)    

being dealt with as a complaint under section 29A under

regulations under section 29C (regulations about super-

complaints), or

(iv)    

under investigation under this Part.”

Page 40, line 28, after “2)” insert “and to section 29FA (which deals with the

position where the concern is a DSI matter for the purposes of that Part)”

Page 40, line 40, after “Part,” insert “except where otherwise provided,”

Page 41, line 35, at end insert—

“29FA

Special provision for “DSI matters”

(1)    

Before deciding whether to carry out an investigation under section 29D(2),

the Commission must consider whether the concern is about a death or

serious injury matter (“a DSI matter”) for the purposes of Part 2 (see section

12(2A)).

(2)    

If the Commission determines that the concern is about a DSI matter for the

purposes of Part 2—

(a)    

it may not carry out an investigation under section 29D(2), and

(b)    

it must notify the appropriate authority in relation to the DSI

matter.

(3)    

Where the appropriate authority in relation to the DSI matter is notified

under subsection (2), it must record the matter under paragraph 14A of

Schedule 3 to this Act as a DSI matter.

(4)    

The Secretary of State may by regulations make provision modifying

Schedule 3 in relation to a DSI matter that, in accordance with subsection

(3), is recorded under paragraph 14A of that Schedule but only for the

purpose of making provision for the protection of the anonymity of

whistle-blowers.

(5)    

In this section, references to the appropriate authority in relation to a DSI

matter have the same meaning as in Part 2 (see section 29).”

Clause 28

Page 45, line 42, leave out from beginning to end of line 10 on page 46 and insert—

“(c)    

condition A, B or C is satisfied in relation to the person.

(3AA)    

Condition A is that the person ceases to be a member of a police

force after the allegation first comes to the attention of a person

mentioned in subsection (3A)(a).

(3AB)    

Condition B is that the person had ceased to be a member of a police

force before the allegation first came to the attention of a person

mentioned in subsection (3A)(a) but the period between the person

having ceased to be a member of a police force and the allegation

first coming to the attention of a person mentioned in subsection

(3A)(a) does not exceed the period specified in regulations under

this section.

(3AC)    

Condition C is that—

(a)    

the person had ceased to be a member of a police force

before the allegation first came to the attention of a person

mentioned in subsection (3A)(a),

(b)    

the period between the person having ceased to be a

member of a police force and the allegation first coming to

the attention of a person mentioned in subsection (3A)(a)

exceeds the period specified for the purposes of condition B,

and

(c)    

the alleged misconduct, inefficiency or ineffectiveness is

such that, if proved, the person could have been dealt with

by dismissal if the person had still been a member of a police

force.