Police Reform and Social Responsibility Bill

SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 27th June 2011, as follows—

Clause 4
Schedule 3
Clause 5
Schedule 4
Clauses 6 to 27
Schedule 5
Clauses 28 and 29
Schedule 6
Clauses 30 to 32
Schedule 7
Clauses 33 to 40
Schedule 8
Clauses 41 to 58
Schedule 9
Clauses 59 to 77
Schedule 10
Clauses 78 to 90
Schedule 11
Clause 91
Schedule 12
Clause 92
Schedule 13
Clauses 93 to 97
Schedule 14
Clauses 98 to 100
Schedule 15
Clause 101
Schedule 16
Clauses 102 to 153
Schedule 17
Clauses 154 to 160

[Amendments marked * are new or have been altered]

Clause 4

LORD HARRIS OF HARINGEY

16

Page 3, line 17, leave out subsections (3) and (4) and insert—

“(3) There is to be a Deputy Mayor for Policing and Crime for the metropolitan police district.

(4) The Deputy Mayor for Policing and Crime is to be elected, and hold office, in accordance with Chapter 6.

(4A) The person who has been given the title of deputy mayor and particular responsibility for policing and crime by the Mayor of London at the time this section is brought into effect is to be the occupant for the time being of the Mayor’s Office for Policing and Crime.”

BARONESS BROWNING

17

Page 4, line 15, at end insert—

“(h) the exercise of duties in relation to the safeguarding of children and the promotion of child welfare that are imposed on the Commissioner by sections 10 and 11 of the Children Act 2004”.

BARONESS HAMWEE

LORD SHIPLEY

18

Page 4, line 15, at end insert—

“(8A) The Secretary of State shall make regulations providing for the appointment of a non-executive board to support the governance arrangements for the execution of the functions of the Mayor’s Office for Policing and Crime.

(8B) Regulations under subsection (8A) shall include provision for arrangements to ensure probity, the audit of financial matters and equalities.

(8C) Before making regulations under subsection (8A), the Secretary of State shall consult and have regard to the views of—

(a) the Mayor’s Office for Policing and Crime; and

(b) representatives of the London boroughs.”

LORD HARRIS OF HARINGEY

19

Page 4, line 20, leave out subsections (10) and (11)

LORD HARRIS OF HARINGEY

LORD STEVENS OF KIRKWHELPINGTON

20

Page 4, line 27, at end insert—

“( ) The Mayor’s Office for Policing and Crime shall appoint a non-executive board of between four and seven members.

( ) Such non-executive boards shall work with the Mayor’s Office for Policing and Crime to ensure good governance of—

(a) financial,

(b) staff, and

(c) equality;

matters and to support the Mayor’s Office for Policing and Crime in respect of its functions.

( ) The Mayor’s Office for Policing and Crime may make such arrangements as it sees necessary to remunerate and reimburse expenses incurred by members of such non-executive boards.

( ) Appointments to and remuneration and expenses arrangements for such non-executive boards shall be subject to approval by the London Assembly police and crime panel.”

Schedule 3

BARONESS HENIG

21

Page 111, line 15, at end insert—

“3A The Mayor’s Office for Policing and Crime must abide by regulations made by the Secretary of State in respect of the appointment of persons to paid office or employment and the dismissal of persons holding such office or employment and the taking of other disciplinary action against such persons.”

LORD HARRIS OF HARINGEY

22

Page 111, line 17, leave out paragraph 4

BARONESS BROWNING

23

Page 111, line 21, leave out sub-paragraph (a)

Clause 5

LORD HARRIS OF HARINGEY

24

Page 4, line 31, leave out subsection (1)

25

Page 4, line 32, at end insert “for the purpose of employing staff only”

Schedule 4

LORD HARRIS OF HARINGEY

26

Page 113, line 28, leave out sub-paragraph (1)

27

Page 113, line 31, leave out “chief finance officer” and insert “finance director”

28

Page 113, line 37, leave out sub-paragraph (3)

BARONESS BROWNING

29

Page 113, line 40, at end insert—

“(1) The Commissioner of Police of the Metropolis must appoint a qualified person to act as chief finance officer, if and for as long as—

(a) that post is vacant, or

(b) the holder of that post is, in the Commissioner’s opinion, unable to carry out the duties of that post.

(2) For the purposes of sub-paragraph (1) a person is qualified to be appointed to act as chief finance officer if that person is qualified to be appointed to the post under paragraph 1.

(3) A reference in any enactment to the metropolitan police force’s chief finance officer includes a reference to a person acting as chief finance officer in accordance with sub-paragraph (1).”

LORD HARRIS OF HARINGEY

30

Page 114, line 2, leave out paragraph 2

31

Page 114, line 16, at beginning insert “Subject to sub-paragraph (2),”

32

Page 114, line 19, leave out sub-paragraph (2) and insert—

“(2) Except as specified in the terms of a delegation agreement between the Mayor’s Office for Policing and Crime and the Commissioner, the Commissioner may not—

(a) enter into contracts;

(b) acquire or dispose of property, including land; or

(c) borrow money.”

BARONESS BROWNING

33

Page 114, line 21, after “not)” insert “, but only with the consent of the Mayor’s Office for Policing and Crime”

34

Page 114, line 24, leave out paragraph (c) and insert—

“(2A) But the Commissioner of Police of the Metropolis may not borrow money.

(2B) Sub-paragraph (2A) does not require the Commissioner of Police of the Metropolis to obtain the consent of the Mayor’s Office for Policing and Crime in order to enter into a contract or other agreement with a person—

(a) by virtue of which the person becomes, or is, a member of the metropolitan police force’s civilian staff, or

(b) which otherwise relates to the person’s membership of that civilian staff (including the terms and conditions of the person’s membership).”

Clause 6

LORD BEECHAM

34A*

Page 5, line 23, at end insert “and to the relevant local authorities in the police force area”

34B*

Page 5, line 24, after “panel” insert “and by the relevant local authorities in the police force area”

34C*

Page 5, line 26, after “panel” insert “and the relevant local authorities in the police force area”

34D*

Page 5, line 29, after “panel” insert “and the relevant local authorities in the police force area”

34E*

Page 5, line 39, after “29(3)” insert “, and the relevant local authorities in the police force area”

BARONESS BROWNING

35

Page 6, line 5, after “constable” insert “and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the relevant police area”

Clause 7

BARONESS HAMWEE

LORD SHIPLEY

36

Page 6, line 37, leave out “the police and crime panel of”

37

Page 6, line 39, leave out “panel” and insert “London Assembly”

38

Page 6, line 40, at end insert—

“( ) give the London Assembly a response to any such report or recommendations,

( ) publish any such response, and

( ) obtain the approval of the London Assembly in accordance with section 33”

BARONESS DOOCEY

39

Page 6, line 40, at end insert—

“( ) if the draft plan or variation is referred back by the panel under section 34(1)(c) and (1A), ensure the plan or variation follows the reasons given in the Assembly’s resolution referring the draft plan back.”

BARONESS HAMWEE

LORD SHIPLEY

40

Page 7, line 22, at end insert—

“( ) In section 32 of the 1999 Act, at the end of subsection (3)(a) insert “(which in the case of the draft police and crime plan shall include bodies working within Greater London to combat crime and disorder and assist the victims of crime)”.”

BARONESS BROWNING

41

Page 7, line 28, at end insert—

“( ) In its application by virtue of subsection (11)(e), section 43(2) of the 1999 Act (duty to send copies of current version of police and crime plan) has effect with the insertion after “to each London borough council” of the words “and to each of the other persons and bodies that are, for the purposes of section 5 of the Crime Disorder Act 1998, responsible authorities in relation to local government areas that are wholly or partly within the metropolitan police district.”

Clause 8

BARONESS HAMWEE

LORD SHIPLEY

42

Page 8, line 3, leave out from second “the” to end of line 4 and insert “attainment of the police and crime objectives will be assessed”

Clause 11

BARONESS BROWNING

43

Page 10, line 1, at end insert—

“( ) The elected local policing body for a police area must, in exercising its functions, have regard to the relevant priorities of each responsible authority.”

BARONESS HAMWEE

LORD SHIPLEY

44

Page 10, line 3, leave out from “authority” to end of line 4

45

Page 10, line 5, after “co-operation” insert—

“(a)”

46

Page 10, line 5, at end insert “, and

“(b) with voluntary and statutory organisations working within the police area to combat crime and disorder and assist the victims of crime”

BARONESS HENIG

47

Page 10, line 5, at end insert—

“( ) A police and crime panel is to appoint one of its members to sit on each crime reduction partnership or community safety partnership within its police area to ensure that the functions of the local policing body set out in subsection (1) are exercised effectively.”

BARONESS BROWNING

48

Page 10, line 11, leave out “reference in subsection (1)” and insert “references in this section”

49

Page 10, line 12, leave out “is a reference” and insert “are references”

LORD BEECHAM

49A*

Page 10, line 26, at end insert—

“( ) the relevant local authorities in the police force area;”

BARONESS BROWNING

50

Page 10, line 37, at end insert—

““relevant priority”, in relation to a responsible authority, means a priority applicable to the exercise of that authority’s functions which is identified by that authority in compliance with a requirement imposed by regulations made under section 6(2) of the Crime and Disorder Act 1998;”

Clause 12

BARONESS HAMWEE

LORD SHIPLEY

51

Page 11, line 4, after “necessary” insert “or which are required by the relevant police and crime panel”

52

Page 11, line 8, at end insert—

“( ) For the purposes of subsection (3) “performance” includes the treatment of victims of crime.”

Clause 13

BARONESS HAMWEE

LORD SHIPLEY

53

Page 11, line 22, at end insert—

“( ) The annual report shall include information of such descriptions as the relevant police and crime panel, prior to the beginning of the financial year to which the annual report relates, has notified the elected policing body that it wishes to be included in the annual report.”

Clause 14

BARONESS HAMWEE

LORD SHIPLEY

54

Page 11, line 42, after “information” insert “and documents”

Clause 15

BARONESS HAMWEE

LORD SHIPLEY

54A

Page 12, line 17, after “victims” insert “and witnesses”

55

Page 12, line 17, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

56

Page 12, line 25, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

56A

Page 12, line 26, after “victims” insert “and witnesses”

57

Page 12, line 26, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

58

Page 12, line 32, at end insert “and

(c) the local authorities in the area (including parish and town councils),”

Clause 18

BARONESS HAMWEE

LORD SHIPLEY

59

Page 14, line 7, at end insert “and any other report or recommendations made by the panel”

Clause 19

BARONESS BROWNING

60

Page 14, line 16, at end insert—

“(A1) The police and crime commissioner for a police area may—

(a) appoint a person as the deputy police and crime commissioner for that police area, and

(b) arrange for the deputy police and crime commissioner to exercise any function of the police and crime commissioner.”

LORD KENNEDY OF SOUTHWARK

61

Page 14, line 17, leave out “any person” and insert “a member of the relevant police and crime panel”

BARONESS BROWNING

62

Page 14, line 17, after “person” insert “(who is not the deputy police and crime commissioner)”

63

Page 14, line 19, leave out from “not” to end of line 21 and insert “—

(a) appoint a person listed in subsection (3) as the deputy police and crime commissioner;

(b) arrange for the deputy police and crime commissioner to exercise a function listed in subsection (4)(a), (e) or (f);

(c) arrange, under subsection (1), for a person listed in subsection (3) to exercise any function; or

(d) arrange, under subsection (1), for any person to exercise a function listed in subsection (4).

(2A) A deputy police and crime commissioner may arrange for any other person to exercise any function of the police and crime commissioner which is, in accordance with subsection (A1)(b), exercisable by the deputy police and crime commissioner.

(2B) But the deputy police and crime commissioner may not arrange for a person to exercise a function if—

(a) the person is listed in subsection (3), or

(b) the function is listed in subsection (4).”

64

Page 14, line 22, leave out “subsection (2)(a)” and insert “subsections (2)(a) and (c) and (2B)”

LORD HARRIS OF HARINGEY

65

Page 14, line 23, leave out paragraph (a)

BARONESS BROWNING

66

Page 14, line 25, at end insert—

“(ca) the Deputy Mayor for Policing and Crime appointed by the Mayor’s Office for Policing and Crime;”

67

Page 14, line 28, at end insert—

“(g) a member of the staff of a person falling within any of paragraphs (a) to (f).”

68

Page 14, line 29, leave out “(2)(b)” and insert “(2)”

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

69

Page 14, line 36, leave out paragraph (e) and insert—

“(e) except as provided in sections (Powers of dismissal: role of police and crime panel) and (Powers of suspension: role of police and crime panel), appointing, suspending or calling upon a senior officer to retire or resign;”

LORD KENNEDY OF SOUTHWARK

70

Page 14, line 40, leave out “any other person” and insert “a member of the relevant police and crime panel”

71

Page 14, line 42, leave out “other” and insert “appointed”

BARONESS BROWNING

72

Page 14, line 43, at end insert—

“(6) Subsection (1) applies whether or not there is a deputy police and crime commissioner.

(7) The deputy police and crime commissioner is a member of the police and crime commissioner’s staff.

(8) For further provision about the appointment of a deputy police and crime commissioner, see paragraphs 7A to 7E of Schedule 1.”

Clause 20

LORD HARRIS OF HARINGEY

73

Page 15, line 2, leave out subsection (1)

LORD KENNEDY OF SOUTHWARK

74

Page 15, line 3, leave out “a person” and insert “an elected member of the Greater London Authority”

BARONESS DOOCEY

75

Page 15, line 3, leave out “person” and insert “member of the London Assembly”

LORD KENNEDY OF SOUTHWARK

76

Page 15, line 6, leave out subsection (2)

BARONESS DOOCEY

77

Page 15, line 6, leave out “person” and insert “member of staff of the Mayor’s Office for Policing and Crime”

LORD KENNEDY OF SOUTHWARK

78

Page 15, line 10, leave out paragraph (a)

LORD HARRIS OF HARINGEY

79

Page 15, line 10, leave out paragraphs (a) and (b)

80

Page 15, line 18, leave out subsection (4)

BARONESS DOOCEY

81

Page 15, line 18, leave out “any other person” and insert “another member of the London Assembly”

BARONESS BROWNING

82

Page 15, line 20, leave out from “(2)” to end of line 23 and insert “(1)(b), exercisable by the Deputy Mayor for Policing and Crime.

(5) But the Deputy Mayor for Policing and Crime may not arrange for a person to exercise a function if—

(a) the person is listed in subsection (6), or

(b) the function is listed in subsection (7).”

LORD KENNEDY OF SOUTHWARK

83

Page 15, line 24, leave out subsection (6)

LORD HARRIS OF HARINGEY

84

Page 15, line 25, leave out paragraph (a)

85

Page 15, line 27, leave out paragraph (c)

BARONESS BROWNING

86

Page 15, line 29, at end insert—

“(f) a member of the staff of a person falling within any of paragraphs (a) to (e).”

LORD HARRIS OF HARINGEY

87

Page 16, line 8, leave out subsections (9) to (13)

BARONESS DOOCEY

88

Page 16, line 10, leave out subsections (10) and (11)

Clause 21

BARONESS BROWNING

89

Page 16, line 33, after “etc)” insert “—

(a) ”

90

Page 16, line 44, at end insert—

“(6) Paragraph 10 applies in relation to such an appointment if the candidate is not a member of the London Assembly.

(7) Paragraphs 2, 4 and 5 are subject to paragraph 10.”;

(b) after paragraph 9 insert—

“10 (1) The London Assembly may veto the appointment of the candidate as Deputy Mayor for Policing and Crime if the candidate is not a member of the London Assembly.

(2) The exercise of that power of veto in relation to an appointment is not valid unless the London Assembly—

(a) has held a confirmation meeting in relation to the appointment before the exercise of the power; and

(b) notifies the Mayor’s Office for Policing and Crime of the veto within the period of 3 weeks described in paragraph 4(3).

(3) If the London Assembly vetoes the appointment of the candidate, the Mayor’s Office for Policing and Crime must not appoint the candidate.

(4) References in this Schedule to the London Assembly vetoing the appointment of a candidate are references to the Assembly making a decision, by the required majority, that the candidate should not be appointed as Deputy Mayor for Policing and Crime.

(5) For that purpose, the London Assembly makes that decision by the required majority if at least two-thirds of the votes given in making that decision are votes in favour of making that decision.”

LORD HARRIS OF HARINGEY

91

Leave out Clause 21

Schedule 5

LORD BEECHAM

92

Page 115, line 23, at end insert—

“( ) A precept must be issued separately from a local authority’s—

(a) council tax demand, and

(b) non-domestic rates demand.”

93

Page 115, line 28, after “panel” insert “and the local authorities in the police area”

BARONESS HAMWEE

LORD SHIPLEY

94

Page 115, line 28, after “panel” insert—

“(a) of the budget which the commissioner is proposing to apply for the financial year (the “proposed budget”), including each head of expenditure in such detail as shall enable the panel to assess the activities of the commissioner and of the relevant police force in the financial year (the “proposed heads of expenditure”); and

(b) ”

LORD BEECHAM

95

Page 115, line 29, at end insert—

“( ) The Police Commission must have regard to representations made by the bodies notified under paragraph 2.”

BARONESS HAMWEE

LORD SHIPLEY

96

Page 115, line 31, after “precept” insert “, proposed budget and proposed heads of expenditure”

LORD HUNT OF KINGS HEATH

LORD BEECHAM

LORD STEVENSON OF BALMACARA

96A

Page 115, line 33, leave out sub-paragraph (2) and insert—

“(2) In reviewing the proposed precept under sub-paragraph (1), the panel must consult the relevant local authority or authorities.

(2A) The panel must make a report to the commissioner on the proposed precept and include within that report any representations made by the relevant local authority or authorities.”

BARONESS HAMWEE

LORD SHIPLEY

97

Page 115, line 33, at end insert “, proposed budget and proposed heads of expenditure”

98

Page 115, line 35, after “precept” insert “, proposed budget and proposed heads of expenditure”

LORD BEECHAM

99

Page 115, line 37, at end insert “amend or”

BARONESS HAMWEE

LORD SHIPLEY

100

Page 115, line 37, at end insert “proposed budget and proposed heads of expenditure,”

LORD BEECHAM

101

Page 116, line 2, at end insert—

“( ) A decision to amend or veto a proposed precept must be agreed by a two-thirds majority.”

BARONESS HENIG

102

Page 116, line 8, leave out “at least three-quarters” and insert “a majority”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

102A

Page 116, line 8, leave out “at least three-quarters of the persons” and insert “over half of those present and voting,”

BARONESS BROWNING

BARONESS HAMWEE

LORD SHIPLEY

103

Page 116, line 8, leave out “three-quarters” and insert “two-thirds”

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

104

Page 116, line 8, after “panel” insert “and present”

Clause 29

LORD ELYSTAN-MORGAN

LORD WIGLEY

LORD MORRIS OF ABERAVON

105

Page 20, line 29, after “area” insert “in England”

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

106

Page 20, line 30, leave out from “panel” to end of line 31

BARONESS BROWNING

LORD DEAR

107

Page 20, line 31, at end insert—

“( ) The functions of the police and crime panel for a police area must be exercised with a view to supporting the effective exercise of the functions of the police and crime commissioner for that police area.”

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

108

Page 20, line 32, leave out subsection (2) and insert—

“(2) A police and crime panel has—

(a) the functions conferred by this section; and

(b) the functions conferred by this Act and other enactments.

(2A) A police and crime panel has the following functions—

(a) working with the police and crime commissioner to develop and review the police and crime plan, the police budget and the police precept;

(b) reviewing and scrutinising decisions made or other actions taken by the relevant police and crime commissioner, and making recommendations or reports to that police and crime commissioner about the discharge of his functions;

(c) monitoring the delivery of police and crime plans and police performance at local and divisional level;

(d) engaging and consulting the public at a neighbourhood and local level to ascertain their views about policing and crime;

(e) the functions conferred by section (Functions of police and crime panels: conduct, complaints and audit committees).

(2B) In discharging its functions under subsections (2) and (2A), a police and crime panel must—

(a) hold regular meetings in public;

(b) agree all decisions by majority vote of the members present, including decisions on matters over which the police and crime panel has a power of veto;

(c) in relation to the police and crime plan, review drafts or draft variations provided by the relevant police and crime commissioner and make recommendations and reports on them to that police and crime commissioner.

(d) in relation to the police budget, review drafts or draft variations provided by the police and crime commissioner, particularly in relation to expenditure and the allocation of expenditure to police and crime objectives or other objectives, and make recommendations and reports on them to the police and crime commissioner;

(e) in relation to the policing precept, review drafts or draft variations proposed by the police and crime commissioner, particularly if the police and crime panel believes an excessive precept may be set, and make recommendations and reports on them to the relevant police and crime commissioner.”

BARONESS HAMWEE

LORD SHIPLEY

109

Page 20, line 37, at end insert—

“(2A) A police and crime panel must consider the draft police and crime plan or draft variation and may approve or reject it.

(2B) For the purposes of subsection (2A), a draft is deemed to have been approved unless it is rejected by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

109A

Page 21, line 7, at end insert—

“( ) A police and crime panel must—

(a) review the police and crime commissioner’s human resources policy; and

(b) make a report or recommendations on that policy.

( ) Where a panel makes a report or recommendation on the police and crime commissioner’s human resources policy, the police and crime commissioner must—

(a) review the policy, taking the panel’s report or recommendations into account; and

(b) resubmit a revised human resources policy to the panel for the panel’s consideration.”

BARONESS BROWNING

110

Page 21, line 8, after “Schedules” insert “1 (procedure for appointments of senior staff),”

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

111

Page 21, line 11, leave out subsection (5)

BARONESS HAMWEE

112

Page 21, line 11, at end insert—

“( ) keep under review the exercise by the relevant police and crime commissioner of the statutory functions exercisable by him or her;”

113

Page 21, line 15, at beginning insert “undertake investigations,”

114

Page 21, line 17, at end insert—

“( ) support the relevant police and crime commissioner with regard to the development of his or her police and crime plan and its implementation and the development of his or her budget”

BARONESS BROWNING

115

Page 21, line 19, after “Schedule” insert “1,”

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

116

Page 21, leave out line 27 and insert—

“(8A) A police and crime panel for a police area is to consist of—

(a) a minimum of ten and a maximum of 17 members appointed by the local authority or local authorities within the same police area as the police and crime panel; and

(b) up to six co-opted members.

(8B) The members of the police and crime panel referred to in subsection (8A)(a) are to be appointed in the following manner—

(a) in the case of a police and crime panel in relation to which there is only one relevant local authority, the members of the panel are to be appointed by that local authority;

(b) in the case of a police and crime panel in relation to which there is more than one local authority, the members of the panel are to be appointed by a joint committee consisting of persons appointed by the relevant local authorities from amongst their own members.

(8C) A local authority or joint committee shall exercise its power to appoint members of the police and crime panel so as to ensure that, so far as practicable, in the case of members for whose appointment is it responsible, the proportion who are members of any given party—

(a) where it is a local authority that is responsible for their appointment, is the same as the proportion of votes cast for that party at the last general election in the area of the local authority;

(b) where it is a joint committee that is so responsible, is the same as the proportion of votes cast for that party at the last general election in the areas of the relevant local authorities taken as a whole.

(8D) In exercising its power to appoint members of a police and crime panel under subsection (8A)(a), a relevant local authority or joint committee shall ensure that, so far as is practicable, and taking into account the members referred to in subsection (8A)(b), there is a representative geographical balance amongst police and crime panel members for that police area.

(8E) The members of the panel referred to in subsection (8A)(b) shall be appointed by the police and crime panel or by a sub-committee of the police and crime panel appropriately authorised for this purpose, but the police and crime panel must ensure that the persons appointed—

(a) represent the interests of a wide range of people within the community in the relevant police area and, so far as is practicable, are representatives of diverse communities within that area;

(b) have the relevant skills, knowledge and experience to discharge the role effectively;

(c) in particular, have the skills, knowledge and experience which are under-represented amongst the existing members of the police and crime panel;

(d) are able to commit sufficient time to take an effective role in the work of the police and crime panel; and

(e) so far as is practicable, and taking into account the members referred to in subsection (8A), are representative of a geographical balance amongst police and crime panel members.

(8F) A police and crime panel must make rules of procedure for the panel, including but not limited to provision about—

(a) the appointment, resignation and removal of a person to chair the panel;

(b) the making of decisions in relation to matters over which the panel has the power of veto or the power to approve appointments, suspensions or dismissals to be by majority vote of all the members present;

(c) the method of making other decisions;

(d) quoracy; and

(e) the formation of sub-committees (except as expressly provided in section (Functions of police and crime panels: conduct, complaints and audit committees).”

After Clause 29

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

LORD HUNT OF KINGS HEATH

117

Insert the following new Clause—

“Functions of police and crime panels: conduct, complaints and audit committees

(1) Every police and crime panel shall—

(a) deal with complaints and conduct matters in relation to the police and crime commissioner and members of the police and crime panel;

(b) monitor the discharge of the police and crime commissioner’s functions to deal with complaints in relation to the police force for its area;

(c) monitor the accounts and audit matters of the relevant Police Commission, police and crime commissioner, and chief constable, as the case may be.

(2) A police and crime panel must establish one or more independent sub-committees to discharge its functions under subsection (1).

(3) For the purpose of subsection (2) an “independent sub-committee” is one which comprises the following members appointed by the police and crime panel—

(a) an independent person to chair the sub-committee who is not a member or a member of staff of a police and crime panel, a local police body, a police force or a local authority;

(b) at least three other independent people to be members of the sub-committee who are not members or members of staff of a police and crime panel, a local policing body, a police force or a local authority;

(c) up to three members that are police and crime panel members, at least one of whom must be a co-opted member.

(4) In appointing members to an independent sub-committee the police and crime panel must ensure—

(a) that people with sufficient relevant skills and experience are appointed to undertake the role effectively;

(b) it does not appoint a person who has or appears to have a conflict of interest or a personal or prejudicial interest in becoming a member of the sub-committee.

(5) An independent sub-committee may—

(a) make recommendations to the police and crime panel or police and crime commissioner about action to be taken to resolve a complaint or conduct matter;

(b) make recommendations to the police and crime panel, police and crime commissioner or chief constable about audit and finance matters.

(6) If an independent sub-committee makes a recommendation in accordance with subsection (5), the person or body to whom it is made shall have regard to it.”

LORD ELYSTAN-MORGAN

LORD WIGLEY

LORD MORRIS OF ABERAVON

118

Insert the following new Clause—

“Police and crime panels in Wales

Each police area in Wales may have a police and crime panel established and maintained in accordance with the arrangements specified by the National Assembly for Wales and with the functions specified by the National Assembly for Wales.”

Schedule 6

LORD ELYSTAN-MORGAN

LORD WIGLEY

LORD MORRIS OF ABERAVON

119

Page 118, line 16, leave out paragraph 2

BARONESS BROWNING

120

Page 118, line 40, leave out “two” and insert “the appropriate number of”

BARONESS HAMWEE

LORD SHIPLEY

121

Page 118, line 40, leave out “two” and insert “four”

BARONESS BROWNING

122

Page 118, line 41, leave out “(1)” and insert “(1)(a)”

BARONESS HAMWEE

LORD SHIPLEY

123

Page 118, line 42, leave out first “ten” and insert “fifteen”

BARONESS BROWNING

124

Page 119, line 3, at end insert—

“(2A) For the purposes of sub-paragraph (1)(b), the “appropriate number” is—

(a) two, or

(b) if a resolution of the panel under sub-paragraph (2B) is in force, the number of co-opted members specified in that resolution.

(2B) A police and crime panel may resolve that the panel is to have the number of co-opted members specified in the resolution; but no such resolution may be passed unless—

(a) that number of co-opted members is greater than two;

(b) the Secretary of State agrees that the panel should have that number of co-opted members; and

(c) the total membership of the panel, including that number of co-opted members, would not exceed 20.”

LORD ELYSTAN-MORGAN

LORD WIGLEY

LORD MORRIS OF ABERAVON

125

Page 123, line 5, leave out paragraph (a)

BARONESS BROWNING

126

Page 123, line 24, leave out “two” and insert “the appropriate number of”

127

Page 123, line 25, leave out “(1)” and insert “(1)(a)”

128

Page 123, line 29, at end insert—

“(2A) For the purposes of sub-paragraph (1)(b), the “appropriate number” is—

(a) two, or

(b) if a resolution of the panel under sub-paragraph (2B) is in force, the number of co-opted members specified in that resolution.

(2B) A police and crime panel may resolve that the panel is to have the number of co-opted members specified in the resolution; but no such resolution may be passed unless—

(a) that number of co-opted members is greater than two;

(b) the Secretary of State agrees that the panel should have that number of co-opted members; and

(c) the total membership of the panel, including that number of co-opted members, would not exceed 20.”

LORD ELYSTAN-MORGAN

LORD WIGLEY

LORD MORRIS OF ABERAVON

129

Page 123, line 33, leave out paragraphs 14 to 16

BARONESS BROWNING

130

Page 127, line 11, leave out paragraph (c)

131

Page 127, line 15, at end insert—

“22A(1) If the police and crime panel for a police area has two co-opted members, a member of a local authority which is covered by that police area may not be a co-opted member of that panel.

(2) If the police and crime panel for a police area has three or more co-opted members, a member of a local authority which is covered by that police area may be a co-opted member of that panel only if at least two of the other co-opted members are not members of any such local authority.”

132

Page 127, line 20, leave out “two”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

132A

Page 127, line 21, at end insert—

“( ) In making panel arrangements, the Secretary of State must ensure that—

(a) at least 25% of members of the relevant panel are independent members; and

(b) the panel has members from a diverse range of backgrounds, having regard to the functions to be performed by the panel and the characteristics of the relevant police area.”

BARONESS BROWNING

133

Page 128, line 14, at end insert—

“(ba) paragraphs 7C and 7D of Schedule 1;”

134

Page 129, line 3, at end insert—

“( ) A police and crime panel must, in co-opting persons who are members of relevant local authorities, secure that (as far is reasonably practicable) the balanced appointment objective is met.

( ) A police and crime panel—

(a) must, from time to time, decide whether the panel’s exercise of the power conferred by paragraph 4(2B) or 13(2B) (changing the number of co-opted members of the panel) would enable the balanced appointment objective to be, or would contribute to that objective being, met or more effectively met; and

(b) if the panel decides that the exercise of the power would do so, must exercise that power accordingly.”

135

Page 129, line 5, leave out “the appointed” and insert “local authority”

136

Page 129, line 12, at end insert—

“( ) For that purpose “local authority members” means—

(a) appointed members of the police and crime panel, and

(b) co-opted members of the panel who are members of relevant local authorities.”

137

Page 129, line 13, after “members” insert “who are not members of relevant local authorities”

138

Page 129, line 16, at end insert—

“Duty to nominate elected mayor to be a member of the panel

“31A(1) This paragraph applies if—

(a) a local authority has a mayor and cabinet executive, and

(b) the elected mayor of that executive is not a member of the relevant police and crime panel.

(2) If the relevant local authority has power under paragraph 6(2), 7(2), 8(2) or (3) or 16(2) to nominate one or more of its councillors to be members of that panel, any exercise of that power must be such as to secure that the elected mayor is the councillor, or one of the councillors, so nominated.

(3) If the Secretary of State is required by paragraph 10(2), 16(4)(b) or 18(2) to nominate one or more persons to be members of that panel, the Secretary of State must secure that the elected mayor is the person, or one of the persons, so nominated.

(4) The duty in sub-paragraph (2) or (3) does not apply at a particular time if the person who holds office as the elected mayor at that time (the “current mayor”)—

(a) has, since the start of the current mayoral term, already been nominated to be a member of that panel (whether by the relevant local authority or the Secretary of State), and

(b) did not become a member of that panel by virtue of the nomination.

(5) But sub-paragraph (4) does not prevent the exercise of a power under this Schedule so as to make a further nomination of the current mayor to be a member of that panel.

31B (1) This paragraph applies if—

(a) a local authority has a mayor and cabinet executive,

(b) under paragraph 6(2), 7(2), 8(2) or (3) or 16(2) the local authority nominates the person who holds office as elected mayor of the executive at that time (the “current mayor”) to be a member of the relevant police and crime panel,

(c) that is the first such nomination of the current mayor since the start of the current mayoral term, and

(d) the current mayor does not become a member of that panel by virtue of the nomination.

(2) The Secretary of State may not, by virtue of that failure of the current mayor to become a member of the police and crime panel, nominate a person to be a member of that panel under paragraph 10(2) or 16(4)(b).

31C (1) This paragraph applies for the purposes of paragraphs 31A and 31B and this paragraph.

(2) A reference to the start of the current mayoral term of a person who is the elected mayor of the executive of a local authority is a reference to the time when that person—

(a) took office as elected mayor of that executive (if that person has been so elected on only one occasion), or

(b) most recently took office as elected mayor of that executive (if that person has been so elected on two or more occasions).

(3) The “relevant police and crime panel”, in relation to a local authority, is the police and crime panel for the police area which covers that authority.

(4) The expressions “elected mayor” and “mayor and cabinet executive” have the same meanings as in Part 2 of the Local Government Act 2000.”

139

Page 129, leave out lines 19 to 32 and insert—

“(a) amend or otherwise modify any local authority enactment in its application to police and crime panels or members of police and crime panels, and

(b) apply any local authority enactment (with or without modifications) to police and crime panels or members of police and crime panels if, or to the extent that, it does not so apply.

(2) In this paragraph “local authority enactment” means an enactment which relates to—

(a) local authorities or committees or joint committees of local authorities, or

(b) members of such authorities, committees or joint committees.”

BARONESS HAMWEE

LORD SHIPLEY

140

Page 129, line 22, at end insert—

“( ) Regulations made under sub-paragraphs (1) and (2) shall not extend further than is necessary so to apply the relevant enactments.”

Clause 30

BARONESS HENIG

141

Page 21, line 31, after first “commissioner,” insert “relevant senior police officers,”

BARONESS HAMWEE

LORD SHIPLEY

142

Page 21, line 31, after “staff” insert “and the relevant chief officer of police, deputy chief constable and assistant chief constables”

143

Page 21, line 32, after “question” insert “, produce any document or provide any information”

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

144

Page 21, line 33, at end insert—

“( ) A police and crime panel may require from the relevant police and crime commissioner or the relevant chief constable such information as it requires to enable it to carry out its functions in relation to conduct, complaints, audit and finance matters.”

BARONESS BROWNING

145

Page 21, line 44, at end insert—

“( ) If a police and crime panel requires the relevant police and crime commissioner to attend before the panel, the panel may (at reasonable notice) request the relevant chief constable to attend before the panel on the same occasion to answer any question which appears to the panel to be necessary in order for it to carry out its functions.”

After Clause 30

BARONESS HAMWEE

LORD SHIPLEY

146

Insert the following new Clause—

“Approval of budget by police and crime panel

(1) The relevant elected local policing body shall present a draft budget to the relevant police and crime panel for approval at a public meeting of the panel on or before 1 February in the financial year preceding that to which the draft budget relates.

(2) The panel may veto the draft budget by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.

(3) In the event of a veto, the relevant elected local policing body shall present an amended draft budget to the relevant police and crime panel at a public meeting of the panel, and subsection (2) shall apply to successive drafts until the panel approves the draft budget.

(4) For the purposes of this section, a draft budget is approved if it is not vetoed.

(5) This section shall not apply to the Mayor’s Office for Policing and Crime.”

147

Insert the following new Clause—

“Budget heads of expenditure

(1) Neither a police and crime commissioner nor the Mayor’s Office for Policing and Crime may make any virement between heads of expenditure in a budget implemented following the procedures set out in Schedule 5 if the virement is vetoed by the relevant police and crime panel.

(2) A veto under this section is a decision that the proposed virement be not made, taken by the panel by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.”

Clause 31

BARONESS HENIG

148

Page 22, line 6, leave out paragraph (b) and insert—

“(b) the commissioner has breached any required standards of conduct, pending investigation of the allegations brought against the commissioner under this section.”

149

Page 22, line 14, at end insert—

“( ) the police and crime commissioner being found not to be in breach of any standards of conduct”

150

Page 22, line 18, leave out subsection (4)

Clause 32

BARONESS BROWNING

151

Page 22, line 27, leave out “police and crime commissioners” and insert “relevant office holders”

152

Page 22, line 30, leave out “police and crime commissioner” and insert “relevant office holder”

153

Page 22, line 31, leave out “or engaged in other corrupt behaviour”

BARONESS HENIG

154

Page 22, line 35, leave out subsection (2)

BARONESS BROWNING

155

Page 22, line 35, at end insert—

“( ) In this section and that Schedule “relevant officer holder” means the holder of any of the following offices—

(a) police and crime commissioner;

(b) deputy police and crime commissioner;

(c) the Mayor’s Office for Policing and Crime;

(d) Deputy Mayor for Policing and Crime.

After Clause 32

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

156

Insert the following new Clause—

“Code of conduct

(1) A code of conduct for Police Commission members is to be formulated by the Committee on Standards in Public Life.

(2) The code of conduct shall define—

(a) the standards of behaviour required of Police Commission members;

(b) the commitment to equalities by Police Commission members; and

(c) matters which constitute a conflict of interest for Police Commission members.”

Schedule 7

BARONESS BROWNING

157

Page 131, line 36, at end insert—

“which relate to any relevant office holder.”

158

Page 132, line 15, leave out “, or other corrupt behaviour”

159

Page 132, line 19, leave out from “offence” to end of line 20

160

Page 132, line 22, after “which” insert “—

(a) relate to a holder of the office of—

(i) police and crime commissioner,

(ii) deputy police and crime commissioner, or

(iii) Deputy Mayor for Policing and Crime (unless the holder of that office is a member of the London Assembly), and”

161

Page 132, line 45, at end insert—

“3A (1) This paragraph applies in relation to qualifying complaints which—

(a) relate to a holder of the office of—

(i) the Mayor’s Office for Policing and Crime, or

(ii) Deputy Mayor for Policing and Crime, if the holder of that office is a member of the London Assembly, and

(b) are not, or cease to be, investigated by the Independent Police Complaints Commission or a police force.

(2) Regulations must secure that such complaints are dealt with in accordance with Part 3 of the Local Government Act 2000.”

162

Page 133, line 10, leave out “police and crime commissioner” and insert “relevant office holder”

163

Page 133, line 12, at end insert—

“(2) But that does not apply to regulations under, or for the purposes of, paragraph 3A.”

164

Page 133, line 18, after “expedient” insert “—

(a) ”

165

Page 133, line 19, at end insert “, or

(b) for the purposes of paragraph 3A.”

Clause 33

BARONESS HAMWEE

LORD SHIPLEY

166

Page 22, line 39, after “discharged” insert “by it or”

167

Page 22, line 40, leave out “(the police and crime panel)” and insert “(for the purposes of the discharge of these functions “the police and crime panel” means the London Assembly or a committee of the Assembly as the case may be)”

BARONESS DOOCEY

168

Page 22, line 42, at end insert “, except the power in section 34(1)(c)”

LORD HARRIS OF HARINGEY

169

Page 23, line 1, leave out paragraph (b)

BARONESS BROWNING

170

Page 23, line 13, leave out “Greater London Authority” and insert “London Assembly”

BARONESS DOOCEY

171

Page 23, line 21, at end insert—

“( ) Co-opted members of the police and crime panel shall be appointed following a resolution of the whole London Assembly.”

BARONESS BROWNING

172

Page 23, line 30, at end insert—

“( ) The following provisions apply to the police and crime panel—

(a) the number of members of the panel, and their term of office, are to be fixed by the London Assembly;

(b) persons who are not members of the London Assembly may be members of the panel.

( ) The following provisions apply to any sub-committee by which police and crime panel functions are to be discharged—

(a) the number of members of the sub-committee, and their term of office, are to be fixed by the police and crime panel;

(b) persons who are not members of the London Assembly may be members of the sub-committee.

( ) The police and crime panel functions must be exercised with a view to supporting the effective exercise of the functions of the Mayor’s Office for Policing and Crime.”

BARONESS DOOCEY

173

Page 23, line 34, leave out “34(1)” and insert “34(1)(a) and (b)”

After Clause 33

LORD HARRIS OF HARINGEY

174

Insert the following new Clause—

“Suspension of the Deputy Mayor for Policing and Crime

(1) The London Assembly police and crime panel may suspend the Deputy Mayor for Policing and Crime if it appears to the panel that—

(a) the Deputy Mayor for Policing and Crime has been charged in the United Kingdom, the Channel Islands or the Isle of Man with an offence, and

(b) the offence is one which carries a maximum term of imprisonment exceeding two years.

(2) The suspension of the Deputy Mayor for Policing and Crime ceases to have effect upon the occurrence of the earliest of these events—

(a) the charge being dropped;

(b) the Deputy Mayor for Policing and Crime being acquitted of the offence;

(c) the Deputy Mayor for Policing and Crime being convicted of the offence but not being disqualified under section 68 by virtue of the conviction;

(d) the termination of the suspension by the police and crime panel.

(3) For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the Deputy Mayor for Policing and Crime is to be treated as not holding that office during that suspension.

(4) In this section, references to an offence which carries a maximum term of imprisonment exceeding two years are references—

(a) to an offence which carries such a maximum term in the case of a person who has attained the age of 18 years, or

(b) to an offence for which, in the case of such a person, the sentence is fixed by law as life imprisonment.”

Clause 34

BARONESS DOOCEY

175

Page 23, line 39, leave out “must”

176

Page 23, line 40, at beginning insert “must”

177

Page 23, line 43, at beginning insert “must”

178

Page 23, line 44, at end insert—

“(c) may pass a resolution referring the draft plan or variation back to the Mayor’s Office for Policing and Crime, and such a resolution may contain reasons for referring the draft plan or variation back.

(1A) Any resolution under subsection (1)(c) is only to have effect for the purpose of section 7(6)(e) if it was agreed to by at least two-thirds of the Assembly members voting.”

BARONESS HAMWEE

LORD SHIPLEY

179

Page 23, line 44, at end insert—

“(1A) The London Assembly may approve or reject the draft police and crime plan or draft variation.

(1B) For the purposes of subsection (1A), a draft is deemed to have been approved unless it is rejected by a majority of at least two-thirds of the persons who are members at the time the decision is made.”

BARONESS DOOCEY

180

Page 24, line 32, at end insert—

“(e) any senior police officer of the metropolitan police force;

(f) any member of the civilian staff of the metropolitan police force.

( ) In subsection (6)(e) “senior police officer” means the ranks of—

(a) Commissioner of Police of the Metropolis;

(b) Deputy Commissioner of Police of the Metropolis;

(c) Assistant Commissioner of Police of the Metropolis;

(d) Deputy Assistant Commissioner of Police of the Metropolis;

(e) Commander.”

BARONESS BROWNING

181

Page 24, line 36, at end insert—

“( ) If the London Assembly requires the Deputy Mayor for Policing and Crime, or the person who is the occupant of the Mayor’s Office for Policing and Crime, to attend proceedings, the Assembly may (at reasonable notice) request the Commissioner of Police of the Metropolis to attend proceedings on the same occasion for the purpose of giving evidence.”

Clause 37

BARONESS BROWNING

182

Page 25, line 26, leave out “reports” and insert “information”

183

Page 25, line 27, leave out “A report” and insert “Such information”

184

Page 25, line 30, leave out “a report” and insert “such information”

185

Page 25, line 31, leave out “a report” and insert “such information”

186

Page 25, line 32, leave out “a report” and insert “information”

Clause 39

BARONESS HENIG

187

Page 26, line 18, leave out subsections (5) and (6)

Clause 40

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

188

Page 26, line 25, leave out subsections (2) to (8) and insert—

“(2) Subject to section (Appointments panel), the police and crime commissioner for a police area is to appoint the deputy chief constable of the police force for that area.

(3) Subject to section (Powers of suspension: role of police and crime panel), the police and crime commissioner for a police area may suspend from duty the deputy chief constable of the police force for that area.

(4) Subject to section (Powers of dismissal: role of police and crime panel), the police and crime commissioner for a police area may call upon the deputy chief constable of the police force for that area to resign or retire.

(5) Before exercising the powers in subsections (2) to (4), the police and crime commissioner shall consult the chief constable.

(6) The deputy chief constable must retire or resign if called upon to do so by the relevant police and crime commissioner in accordance with subsection (4).

(7) This section is subject to regulations made under section 50 of the Police Act 1996 (regulations for police forces).”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

188A

Page 26, line 31, after “force” insert “, in the interests of efficiency or effectiveness,”

188B

Page 26, line 31, after “may” insert “, following consultation with the police and crime commissioner,”

188C

Page 26, line 33, after “force” insert “, in the interests of efficiency or effectiveness,”

188D

Page 26, line 33, after “may” insert “, following consultation with the police and crime commissioner,”

Schedule 8

BARONESS BROWNING

189

Page 133, line 28, leave out “constable to be chief constable until” and insert “person to be chief constable unless—

(a) that person is, or has been, a constable in any part of the United Kingdom, and

(b) ”

190

Page 134, line 16, leave out “constable” and insert “person”

191

Page 134, line 32, leave out from “(2)” to “within” in line 33 and insert “to (4)”

LORD BEECHAM

BARONESS BROWNING

192

Page 135, line 16, leave out “three-quarters” and insert “two-thirds”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

192A

Page 137, line 25, after “give” insert “both the chief inspector of constabulary and”

192B

Page 138, line 6, leave out “and”

192C

Page 138, line 9, at end insert “and provide detailed written reasons for so doing”

192D

Page 138, line 20, at end insert “subsequently”

192E

Page 138, line 21, at end insert—

“( ) Any views of the chief inspector of constabulary must be—

(a) provided to the chief constable and the police and crime commissioner prior to the scrutiny hearing; and

(b) taken into account by the police and crime panel at the hearing.”

BARONESS BROWNING

LORD DEAR

193

Page 138, line 34, leave out from “private,” to “relating” in line 36 and insert “which the police and crime commissioner and the chief constable are both entitled to attend for the purpose of making representations”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

193A

Page 138, line 35, leave out “requested to appear” and insert “entitled to attend to make representations and”

193B

Page 139, line 23, at end insert—

“( ) The chief constable must give the chief inspector of constabulary—

(a) written notification that the chief constable is proposing to call upon the senior police officer to retire or resign; and

(b) a copy of the reasons given to the senior police officer in accordance with sub-paragraph (2).”

193C

Page 139, line 25, after “representations” insert “and to attend an oral hearing”

193D

Page 139, line 27, leave out sub-paragraph (4) and insert—

“(4) The chief constable must—

(a) consider any representations made by the senior police officer; and

(b) give the chief inspector of constabulary a copy of any such representations, as soon as is practicable after the chief constable is given them.”

193E

Page 139, line 28, at end insert—

“( ) Any views of the chief inspector of constabulary must be—

(a) provided to the senior police officer prior to the oral hearing; and

(b) taken into account by the chief constable at the oral hearing.”

193F

Page 139, line 33, at end insert “and provide detailed written reasons”

Clause 41

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

194

Page 27, line 7, leave out subsections (2) to (7) and insert—

“(2) Subject to section (Appointments panel), the police and crime commissioner for a police area is to appoint persons as assistant chief constables of the police force for that area.

(3) Subject to section (Powers of suspension: role of police and crime panel), the police and crime commissioner for a police area may suspend from duty an assistant chief constable of the police force for that area.

(4) Subject to section (Powers of dismissal: role of police and crime panel), the police and crime commissioner for a police area may call upon an assistant chief constable of the police force for that area to resign or retire.

(5) Before exercising the powers in subsections (2) to (4), the police and crime commissioner shall consult the chief constable.

(6) An assistant chief constable must retire or resign if called upon to do so by the relevant police and crime commissioner in accordance with subsection (4).

(7) This section is subject to regulations made under section 50 of the Police Act 1996 (regulations for police forces).”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

194A

Page 27, line 10, after “force” insert “, in the interests of efficiency or effectiveness,”

194B

Page 27, line 10, after “may” insert “, following consultation with the police and crime commissioner,”

194C

Page 27, line 12, after “force” insert “, in the interests of efficiency or effectiveness”

194D

Page 27, line 12, after “may” insert “, following consultation with the police and crime commissioner,”

After Clause 41

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

195

Insert the following new Clause—

“Appointments panel

(1) Before exercising powers of appointment under sections 39 to 41, a police and crime commissioner shall form an appointments panel for the purposes of interviewing and assessing candidates for the vacant post.

(2) The appointments panel shall comprise no more than five people and must include at least two members of the police and crime panel for that police area, one of whom must be a co-opted member.

(3) In the case of appointments made under sections 40 and 41 the appointments panel must include the chief constable for that police area.

(4) The appointments panel must agree the criteria to be used in assessing the suitability of candidates for the vacant post.

(5) After considering all the candidates for the post in relation to the criteria agreed under subsection (4), the candidate attracting the majority of votes of members of the panel shall be appointed to the vacant post by the police and crime commissioner.”

196

Insert the following new Clause—

“Powers of dismissal: role of police and crime panel

(1) Before exercising powers of dismissal under sections 39 to 41, the police and crime commissioner shall consult the police and crime panel.

(2) The police and crime panel must refer the matter to its independent sub-committee for further investigation.

(3) The independent sub-committee shall afford an opportunity to the relevant senior police officer to respond to any allegations made against that officer.

(4) The independent sub-committee may refer the matter to the Independent Police Complaints Commission (“IPCC”), Her Majesty’s Inspectorate of Constabulary (“HMIC”) or another appropriate body to take further action if appropriate.

(5) The independent sub-committe may consider whether the police and crime commissioner has a conflict of interest in dismissing the relevant senior police officer.

(6) After investigating the matter, the independent sub-committee must make recommendations to the police and crime commissioner and police and crime panel.

(7) If the independent sub-committee finds that the police and crime commissioner has a conflict of interest, the police and crime commissioner must delegate to the police and crime panel his power to require the relevant senior officer to retire or resign.

(8) The police and crime commissioner and the police and crime panel must consider the recommendations of the independent sub-committee and agree whether to require the relevant senior officer to retire or resign and, if they canot agree, refer the matter—

(a) to HMIC or IPCC for further investigation or advice; or

(b) to the Secretary of State for a decision as to whether or not the relevant senior officer should be required to retire or resign.

(9) If the matter is referred in accordance with subsection (8), the police and crime commissioner suspend the relevant senior police officer pending the outcome of such referral.”

197

Insert the following new Clause—

“Powers of suspension: role of police and crime panel

(1) Except as provided in subsection (6), before exercising powers of suspension under sections 39 to 41, the police and crime commissioner shall consult the police and crime panel.

(2) The police and crime panel shall afford an opportunity to the relevant senior police officer to respond to any allegations made against the officer.

(3) The police and crime panel and the police and crime commissioner must agree whether or not to suspend the relevant senior officer and, if they cannot agree, refer the matter to the independent subcommittee of the police and crime panel for further investigation and recommendation.

(4) The independent sub-committee of the relevant police and crime panel may refer the matter to IPCC, HMIC or another relevant body for further investigation or advice.

(5) The police and crime commissioner and the police and crime panel must have regard to the recommendation of the independent sub-committee.

(6) In urgent or serior cases, the police and crime commissioner may suspend a senior police officer without first consulting the police and crime panel; but the police and crime commissioner shall take steps to consult the police and crime panel as soon as possible thereafter in accordance with subsections (2) and (3).”

Clause 42

BARONESS BROWNING

198

Page 28, line 14, at end insert—

“( ) 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) the powers of the police and crime commissioner under section 39(2) and (3) are exercisable in relation to the acting chief constable as the powers are exercisable 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) the powers under section 40(4) and (5) or section 41(4) and (5) are not exercisable in relation to the acting chief constable.”

Clause 43

BARONESS BROWNING

199

Page 28, line 35, leave out from beginning to second “the” in line 36 and insert “The Secretary of State may not recommend to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis unless that person is, or has been, a constable in any part of the United Kingdom; and, before making such a recommendation,”

LORD HARRIS OF HARINGEY

200

Page 28, line 36, leave out from “must” to end of line 38 and insert “agree that recommendation with the Mayor’s Office for Policing and Crime”

Clause 44

LORD HARRIS OF HARINGEY

201

Page 29, line 9, after “must” insert “agree that recommendation with the Mayor’s Office for Policing and Crime”

202

Page 29, line 12, leave out from “Metropolis” to end of line 14

Clause 46

LORD HARRIS OF HARINGEY

203

Page 29, line 34, at end insert—

“( ) No person shall be appointed as an Assistant Commissioner of Police for the Metropolis without the consent of the Mayor’s Office for Policing and Crime.”

Clause 47

LORD HARRIS OF HARINGEY

204

Page 30, line 6, at end insert—

“( ) No person shall be appointed as a Deputy Assistant Commissioner of Police for the Metropolis without the consent of the Mayor’s Office for Policing and Crime.”

Clause 48

LORD HARRIS OF HARINGEY

205

Page 30, line 12, at end insert—

“( ) No person shall be appointed as a Commander without the consent of the Mayor’s Office for Policing and Crime.”

Clause 49

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

205A

Page 30, line 32, leave out subsection (5) and insert—

“(5) Before calling upon a senior metropolitan police officer to retire or resign, the Commissioner of Police of the Metropolis must give the police officer a written explanation of the reasons why the Commissioner is proposing to call for the officer’s retirement or resignation.

(5A) The Commissioner of Police of the Metropolis must also give the chief inspector of constabulary—

(a) written notification that the Commissioner is proposing to call upon a senior metropolitan police officer to retire or resign; and

(b) a copy of the reasons given to the senior metropolitan police officer in accordance with subsection (5).

(5B) The Commissioner of Police of the Metropolis must give the senior metropolitan police officer the opportunity to make written representations and to attend an oral hearing about the proposal to call for the police officer’s retirement or resignation.

(5C) The Commissioner of Police of the Metropolis must—

(a) consider any representations made by the senior metropolitan police officer; and

(b) give the chief inspector of constabulary a copy of any such representations, as soon as practicable after the Commissioner is given it.

(5D) Any views of the chief inspector of constabulary must be—

(a) provided to the senior metropolitan police officer prior to the oral hearing, and

(b) taken into account by the Commissioner at the oral hearing.”

After Clause 50

LORD HARRIS OF HARINGEY

206

Insert the following new Clause—

“Election of the Deputy Mayor for Policing and Crime

(1) An election of the Deputy Mayor for Policing and Crime (an “ordinary election”) is to be held—

(a) in 2012;

(b) in each subsequent fourth year.

(2) The poll at an ordinary election of the Deputy Mayor for Policing and Crime in any year is to be held on the day which is the ordinary day of election in that year for the Mayor of London and the London Assembly.

(3) The term of office of a person elected as the Deputy Mayor for Policing and Crime at an ordinary election—

(a) begins with the seventh day after the day of the poll at the election; and

(b) ends with the sixth day after the day of the poll at the next ordinary election of the Deputy Mayor for Policing and Crime.

(4) Subsection (3) is subject to any provision of or made under this or any other Act relating to the appointment or election of the Deputy Mayor for Policing and Crime or the Deputy Mayor for Policing and Crime ceasing to hold office.”

Clause 51

LORD CARLILE OF BERRIEW

207

Page 31, line 37, leave out “and crime commissioners” and insert “authorities”

208

Page 32, line 1, leave out “and crime commissioners” and insert “authorities”

209

Page 32, line 9, leave out “police and crime commissioner” and insert “member of a police authority”

Clause 52

LORD HARRIS OF HARINGEY

210

Page 32, line 19, at end insert “or in the office of the Deputy Mayor for Policing and Crime”

211

Page 32, line 21, after “officer” insert “or the Greater London Returning Officer”

212

Page 32, line 33, at end insert “or the next ordinary election of the Deputy Mayor for Policing and Crime”

213

Page 32, line 38, after “area” insert “or the Deputy Mayor for Policing and Crime”

214

Page 32, line 40, at end insert “or the Deputy Mayor for Policing and Crime”

LORD CARLILE OF BERRIEW

215

Leave out Clause 52

Clause 53

LORD HARRIS OF HARINGEY

216

Page 33, line 9, at end insert—

“( ) A person is entitled to vote as an elector at an election of the Deputy Mayor for Policing and Crime—

(a) if they are an elector entitled to vote in an election for the Mayor of London and the London Assembly being held on that date, and

(b) they are not an elector entitled to vote in elections for the Corporation of London.”

Clause 55

LORD HARRIS OF HARINGEY

217

Page 33, line 29, at end insert—

“( ) The returning officer for an election of the Deputy Mayor for Policing and Crime is to be the Greater London Returning Officer.”

Clause 59

BARONESS HAMWEE

LORD SHIPLEY

218

Page 36, line 33, at end insert—

“( ) about the regulation of spending with the intention of influencing the outcome of an election by campaigners who are not standing in that election;”

Clause 60

LORD HARRIS OF HARINGEY

219

Page 38, line 1, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

220

Page 38, line 7, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

221

Page 38, line 11, at end insert “or the Deputy Mayor for Policing and Crime”

222

Page 38, line 13, at end insert—

“( ) The appropriate officer must give notice of a vacancy in the office of the Deputy Mayor for Policing and Crime to the Greater London Returning Officer.”

Clause 61

LORD HARRIS OF HARINGEY

223

Page 38, line 18, after “area” insert “or the Deputy Mayor for Policing and Crime”

224

Page 38, line 20, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

225

Page 38, line 23, at end insert “or the Deputy Mayor for Policing and Crime”

Clause 62

LORD HARRIS OF HARINGEY

226

Page 38, line 36, after “commissioner” insert “or the Deputy Mayor for Policing and Crime”

After Clause 62

LORD HARRIS OF HARINGEY

227

Insert the following new Clause—

“Appointment of acting Deputy Mayor for Policing and Crime

(1) The Mayor of London will act as the Deputy Mayor for Policing and Crime if—

(a) no person holds the office of the Deputy Mayor for Policing and Crime,

(b) the Deputy Mayor for Policing and Crime is incapacitated, or

(c) the Deputy Mayor for Policing and Crime is suspended in accordance with section (Suspension of the Deputy Mayor for Policing and Crime).

(2) Where the Mayor of London acts as the Deputy Mayor for Policing and Crime, the Mayor of London will have all of the powers and functions vested in the Mayor’s Office for Policing and Crime as the Mayor of London has been elected as the Deputy Mayor for Policing and Crime.”

Clause 63

BARONESS HENIG

228

Page 39, line 7, leave out “commissioner’s staff at the time of the appointment” and insert “panel, except a co-opted member”

BARONESS HAMWEE

LORD SHIPLEY

229

Page 39, line 7, leave out “commissioner’s staff” and insert “panel”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

229A

Leave out Clause 63 and insert the following new Clause—

“Acting police and crime commissioner

(1) Where a police and crime commissioner is unable to perform his or her functions under this Part, the relevant police and crime panel must appoint an acting police and crime commissioner from amongst its members.

(2) A person who is appointed to the role of acting police and crime commissioner under subsection (1) has the same powers and is subject to the same requirements as a police and crime commissioner, in accordance with this Act and any other enactment.

(3) In appointing an acting police and crime commissioner under subsection (1), the relevant police and crime panel must stipulate the maximum length of time that the person may hold that position.

(4) A person ceases to hold the position of acting police and crime commissioner—

(a) in the event that the police and crime commissioner is able to resume his or her functions under this Act;

(b) at the end of the maximum term stipulated by the police and crime panel; or

(c) as otherwise stipulated in this Act or any other enactment.”

Clause 66

BARONESS BROWNING

230

Leave out Clause 66

Clause 67

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

LORD HUNT OF KINGS HEATH

231

Page 41, line 42, at end insert—

“( ) is a police officer, or has served as a police officer within the previous ten years;”

Clause 69

BARONESS HENIG

232

Page 44, line 26, at end insert—

“(2) A person becomes disqualified from being a member of the police and crime panel upon failure to sign the code of conduct for Police Commission members within one month of taking up office.”

After Clause 73

LORD HARRIS OF HARINGEY

233

Insert the following new Clause—

“Deputy Mayor for Policing and Crime: further provision

Sections 64 to 73 of this act shall apply to the Deputy Mayor for Policing and Crime as though the Deputy Mayor for Policing and Crime were a police and crime commissioner.”

Clause 74

BARONESS HENIG

BARONESS BROWNING

234

Leave out Clause 74

Clause 80

BARONESS HENIG

235

Page 49, line 28, at end insert—

“( ) A report is to be prepared annually by Her Majesty’s Inspectorate of Constabulary assessing the extent to which the strategic policing requirement has been met in each police area and nationally.

( ) A copy of this report must be laid before Parliament.”

Clause 85

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

236

Page 52, line 28, at end insert—

“(2A) The inspectors of constabulary may carry out an inspection of, and report to the Secretary of State on, the performance by a police and crime commissioner or a police and crime panel of its functions or of any particular function or functions.”

237

Page 52, line 32, after “area” insert “or police and crime panel for that police area”

238

Page 52, leave out lines 36 to 39 and insert—

“(2BB) The police and crime panel may at any time request the inspectors of constabulary to carry out an inspection of the police and crime commissioner.”

Clause 87

LORD HARRIS OF HARINGEY

239

Page 54, line 19, at end insert—

“( ) After sub-paragraph (3) insert—

“(3A) Any inspection programme or framework must include a review of the extent to which each chief constable is meeting the obligations of the strategic policing requirement.

(3B) A review under sub-paragraph (3A) must be conducted at least once a year.””

Schedule 11

BARONESS HAMWEE

LORD SHIPLEY

239A*

Page 144, line 1, at end insert—

“( ) After subsection (1)(b) insert—

“(bb) every Police and Crime Commissioner operating within each area listed in Schedule 1 of the Police Act 1996 and the metropolitan police district,”.”

BARONESS BROWNING

240

Page 145, line 42, at end insert—

“( ) In subsection (1), after “section 5” insert “, with subsection (1A),”.

( ) After subsection (1) insert—

“(1A) In exercising functions under subsection (1), apart from devolved Welsh functions (as defined by section 5(8)), each of the responsible authorities for a local government area must have regard to the police and crime objectives set out in the police and crime plan for the police area which comprises or includes that local government area.”.”

241

Page 146, line 22, leave out “5(7)” and insert “5(8)”

Before Clause 91

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

242

Insert the following new Clause—

“Status of British Transport Police Force

(1) After section 1(2)(c) of the Police Act 1996 insert—

“(d) the area over which the British Transport Police Force has jurisdiction.”

(2) In section 30 of that Act insert—

“(2A) A member of the British Transport Police Force shall have all the powers and privileges of a constable throughout England and Wales and Scotland and the adjacent United Kingdom waters.”

(3) In section 101 of that Act, in the definition of “chief officer of police” insert—

“(d) in relation to the British Transport Police Force, the Chief Constable of that Force;”.

(4) In section 1(2) of the Police (Property) Act 1997, in inserted section (2B) insert—

“(d) the British Transport Police Authority.”

(5) Omit section 100 of the Anti-terrorism, Crime and Security Act 2001.”

243

Insert the following new Clause—

“Application of Sexual Offences Act 2003 to British Transport Police Force

(1) The Sexual Offences Act 2003 is amended as follows.

(2) In section 104 insert—

“(5A) The Chief Constable of the British Transport Police may make a complaint under subsection (5) where the person is in, or is intending to come to, an area within the jurisdiction of the British Transport Police Force (as defined by section 31 of the Railways and Transport Safety Act 2003) or where the act referred to in subsection (5)(b) has occurred within that jurisdiction.”

(3) In section 123 insert—

“(1A) The Chief Constable of the British Transport Police Force may make a complaint under subsection (1) where the person is in, or is intending to come to, an area within the jurisdiction of the British Transport Police Force (as defined by section 31 of the Railways and Transport Safety Act 2003) or where the act referred to in subsection (1)(a) has occurred within that jurisdiction.””

Clause 91

BARONESS BROWNING

244

Page 59, line 23, at end insert—

“( ) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Schedule 14

BARONESS BROWNING

245

Page 154, line 40, leave out “this paragraph” and insert “sub-paragraphs (2) to (5)”

246

Page 155, line 16, at end insert—

“(6) In consequence of the amendments made by sub-paragraphs (2) to (5)—

(a) in section 12(2) (complaints, matters and persons to which Part 2 applies), omit “, paragraph 2(4) of Schedule 3”;

(b) in section 29(1) (interpretation of Part 2), omit paragraph (b) of the definition of “recordable conduct matter”.”

247

Page 156, line 13, leave out “paragraph 7(6)(a)” and insert “paragraphs 7(6)(a) and 16(1)(a)”

248

Page 156, line 14, at end insert—

“(3) In section 22 (power of the Commission to issue guidance), in subsection (5)(c), omit sub-paragraph (ii) (and the word “and” at the end of sub-paragraph (i)).”.”

249

Page 156, line 34, leave out sub-paragraph (6) and insert—

“(6) For sub-paragraph (2) substitute—

“(2) The appropriate authority shall notify the complainant —

(a) that the appropriate authority has decided to handle the complaint as permitted by sub-paragraph (1) (in a case where the appropriate authority is not required to apply for permission under sub-paragraph (1A) to so handle the complaint); or

(b) about the making of the application under sub-paragraph (1A) (in a case where the appropriate authority makes such an application).”.”

250

Page 157, line 5, leave out “this paragraph” and insert “sub-paragraphs (2) to (4)”

251

Page 157, line 30, at end insert—

“(5) In paragraph 16(2)(a) of Schedule 3, for “10(4)(b)” substitute “10(4D)”.”

252

Page 157, line 34, leave out “this paragraph” and insert “sub-paragraphs (2) to (4)”

253

Page 158, line 21, at end insert—

“(5) In paragraph 16(2)(a) of Schedule 3, for “11(3)(b)” substitute “11(3E)”.”

254

Page 163, line 44, leave out sub-paragraph (9) and insert—

“(9) In sub-paragraph (9)—

(a) for “Commission” (in the first three places) substitute “relevant appeal body”;

(b) for “considers appropriate, the Commission shall” substitute “considers appropriate—

(a) sub-paragraph (9ZA) applies if the Commission is the relevant appeal body; or

(b) sub-paragraph (9ZB) applies if the chief officer of police is the relevant appeal body.

(9ZA) The Commission shall—”

(9A) Before sub-paragraph (9A) insert—

“(9ZB) The chief officer of police shall take such action as the chief officer thinks appropriate in relation to the bringing of disciplinary proceedings in respect of the matters dealt with in the report.

(9ZC) If disciplinary proceedings are brought by virtue of sub-paragraph (9ZB), it shall be the duty of the appropriate authority to ensure that they are proceeded with to a proper conclusion.”.”

255

Page 164, line 8, leave out “the”

BARONESS DOOCEY

256*

Page 164, leave out lines 34 and 35 and insert—

“(b) the chief constable who is the appropriate authority in relation to the relevant complaint, in any other case relating to a police force maintained under section 2 of the Police Act 1996; or

(c) the Mayor’s Office for Policing and Crime, in any other case where the relevant complaint relates to the metropolitan police force.

(1A) For the purpose of subsection (1)(c) the Mayor’s Office for Policing and Crime shall have access to all information and systems where complaints are recorded.”

Schedule 15

LORD HARRIS OF HARINGEY

257

Page 166, line 37, at end insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

258

Page 167, line 3, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

259

Page 167, line 8, at end insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

260

Page 167, line 17, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

261

Page 167, line 18, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

262

Page 167, line 21, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

263

Page 167, line 23, at end insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

264

Page 167, line 26, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

265

Page 167, line 43, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

266

Page 168, line 41, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

267

Page 169, line 8, after “authority” insert “or police and crime commissioner or the Mayor’s Office of Policing and Crime”

Schedule 16

LORD HARRIS OF HARINGEY

268

Page 174, line 12, leave out paragraph 15 and insert—

“15 Omit section 10(2).

15A Omit sections 11 to 12A.”

269

Page 174, line 13, leave out paragraph 16 and insert—

“16 Omit section 14.

16A (1) In section 15(1) to (4), for each instance of “police authority” substitute “local policing body”.

(2) In section 15(5), for “Metropolitan Police Authority” substitute “the Mayor’s Office for Policing and Crime”.

16B Omit sections 16 and 17.”

BARONESS BROWNING

270

Page 176, line 33, leave out paragraph 30

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

271

Page 184, line 5, at end insert—

“90A In section 54(3)(a), after “force,” insert “including the British Transport Police Force,”.”

272

Page 184, line 24, at end insert—

“(c) a person employed by the Chief Constable of the British Transport Police Force,”.”

BARONESS BROWNING

273

Page 191, line 2, leave out paragraph 134

LORD HARRIS OF HARINGEY

274

Page 197, line 21, leave out “, 2 or 4”

275

Page 197, line 23, leave out sub-paragraph (3)

276

Page 197, line 25, leave out sub-paragraph (4)

277

Page 197, leave out lines 35 and 36

278

Page 197, line 39, leave out sub-paragraph (6)

279

Page 198, leave out lines 8 to 12 and insert—

“(1C) In agreeing or disagreeing the report an elected local policing body must consult the audit committee of the relevant police and crime panel and have regard to its views.”

280

Page 198, line 16, leave out “, or the chief officer of police,”

281

Page 198, line 18, leave out “or chief officer”

282

Page 198, line 20, leave out “or chief officer”

283

Page 198, line 22, leave out “or chief officer”

284

Page 198, line 29, at end insert—

“( ) the audit committee of the relevant police and crime panel;”

285

Page 198, leave out lines 34 to 41

286

Page 198, line 43, leave out “or a chief officer of police”

287

Page 198, line 44, leave out “, (1C)”

288

Page 198, line 45, leave out “, (1C)”

289

Page 199, line 2, leave out “(1C)”

290

Page 199, leave out lines 10 to 13

BARONESS BROWNING

291

Page 200, line 7, after “Act),” insert “by a member of the civilian staff of a police force (within the meaning of that Part of that Act), by a member of the civilian staff of the metropolitan police force (within the meaning of that Part of that Act),”

292

Page 200, line 23, leave out “Mayor’s Office for Policing and Crime” and insert “metropolitan police force”

293

Page 200, line 34, after “body” insert “, except for a deputy police and crime commissioner”

LORD HARRIS OF HARINGEY

294

Page 203, line 35, leave out “or to a chief officer of police”

295

Page 204, line 4, leave out paragraph (b)

BARONESS BROWNING

296

Page 208, line 26, leave out from “for” to end of line 27 and insert ““person employed by a police authority” substitute “relevant employee”;”

297

Page 211, line 15, leave out sub-paragraphs (i) and (ii) and insert—

“(i) in paragraph (a)(i), for “a senior officer, the police authority” substitute “the chief officer or a person exercising or performing functions of the chief officer in accordance with section 42 of the Police Reform and Social Responsibility Act 2011, the local policing body”;

(ii) in paragraph (a)(ii), for “a senior officer” substitute “the chief officer or a person so exercising or performing functions of the chief officer”;

(iii) in paragraph (b)(i), for “a senior officer, the police authority” substitute “the chief officer or a person exercising or performing functions of the chief officer in accordance with section 42 of the Police Reform and Social Responsibility Act 2011, the local policing body”;

(iv) in paragraph (b)(ii), for “a senior officer” substitute “the chief officer or a person so exercising or performing functions of the chief officer”;”

298

Page 213, line 39, leave out from “sub-paragraph” to end of line 41 and insert “(6)(a)—

(i) for “police authority” substitute “local policing body”;

(ii) for “the authority” substitute “the body”;

(c) in sub-paragraph (6)(c), for “police authority” substitute “local policing body”;

(d) in sub-paragraph (6), in the words after sub-paragraph (c), for “the authority” substitute “the body”.”

299

Page 214, line 3, leave out ““that authority” substitute “that” and insert ““the authority” substitute “the”

300

Page 214, line 10, leave out ““the authority” substitute “the” and insert ““that authority” substitute “that”

301

Page 214, line 16, leave out ““the authority” substitute “the” and insert ““that authority” substitute “that”

302

Page 224, line 24, leave out from “Part 1,” to “, substitute” in line 25 and insert “under the heading “Police”, for “The Metropolitan” to “section 3 of that Act”

Clause 104

BARONESS BROWNING

303

Page 65, line 28, at end insert—

“and to the person (if any) appointed as the deputy police and crime commissioner under section 19.”

Clause 105

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

304

Page 66, line 18, at end insert—

“( ) after paragraph (a) insert—

“(aa) the Chief Constable of the British Transport Police Force, for any premises situated in the area in which that Force has jurisdiction,”

Clause 114

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

305

Page 72, line 20, at end insert “including the Chief Constable of the British Transport Police Force,”

After Clause 126

LORD BILSTON

305A*

Insert the following new Clause—

“Limits on temporary event notices

In section 107(4) of the Licensing Act 2003 (counter notice where permitted limits exceed) for “12” substitute “15”.”

Clause 133

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

306

Page 91, line 36, after “body,” insert “including the British Transport Police Authority where appropriate,”

Clause 145

LORD MARLESFORD

306A

Leave out Clause 145 and insert the following new Clause—

“Parliament Square committee

(1) Within six months of the passing of this Act, the Secretary of State shall by regulations establish a committee with responsibility for managing the controlled area of Parliament Square.

(2) The committee’s members shall be representatives of—

(a) all of the bodies which own or have responsibility for the controlled area of Parliament Square, and

(b) the metropolitan police force.

(3) The committee shall co-ordinate the work of its members in order to ensure that the controlled area of Parliament Square is kept clear of litter, detritus or other debris.

(4) The Committee shall report annually to both Houses of Parliament.”

Clause 146

LORD MARLESFORD

306B

Leave out Clause 146 and insert the following new Clause—

“Demonstrations in Parliament Square

(1) The committee established under section (Parliament Square committee) shall co-operate with any relevant bodies to facilitate lawful, authorised demonstrations in the controlled area of Parliament Square.

(2) The committee shall have the power to authorise the removal of any—

(a) tent erected in the controlled area of Parliament Square,

(b) other structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating the sleeping or staying in a place for any period erected in the controlled area of Parliament Square,

(c) sleeping equipment placed in the controlled area of Parliament Square for the purpose of sleeping overnight in that area, or

(d) litter, detritus or other debris.

(3) The committee shall ensure that between midnight and 6am every night any items listed in subsection (2) are removed.”

After Clause 151

LORD DUBS

307

Insert the following new Clause—

“Guidance issued under this Part

(1) The Secretary of State shall issue guidance on—

(a) prohibited activities under section 145;

(b) directions under section 145(1);

(c) seizure and retention of property under section 147;

(d) authorisations for the operation of amplified noise equipment under section 149.

(2) Guidance issued under subsection (1)(a) shall include—

(a) further details defining the terms—

(i) “structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period”,

(ii) “sleeping equipment”,

(iii) “the purpose of sleeping or staying in that area”, and

(iv) “the purpose of sleeping overnight”;

(b) guidance about the treatment of amplified noise equipment used by disabled persons for the purposes of communication.

(3) Guidance issued under subsection (1)(b) shall include provision about—

(a) the circumstances in which a direction under section 145(1) may be made;

(b) the form of any direction given under section 145(1), in particular—

(i) the circumstances when a direction or the variation of a direction must be in writing;

(ii) the arrangements for the identification of a constable or authorised officer making a direction or variation of a direction;

(iii) the appropriate duration of any direction or variation of a direction; and

(iv) the requirements for notice and communication of a direction or a variation of a direction to the person or persons subject to such a direction.

(4) Guidance issued under subsection (1)(c) shall include provision about the circumstances in which the powers under section 147(1) shall be exercised, in particular—

(a) the identification and notification of the owner of any relevant prohibited item; and

(b) the use of force by constables under section 147(4).

(5) Guidance issued under subsection (1)(d) shall include provision about—

(a) the criteria for withholding authorisation;

(b) any exemptions from authorisation for equipment used by disabled persons for the purposes of communication;

(c) the conditions which may be imposed by the responsible authority in connection with any authorisation;

(d) the target timetables for processing applications for authorisation (including fast-track procedures for priority authorisation);

(e) the form and manner of—

(i) the application for authorisation,

(ii) the notice of authorisation, and

(iii) the notice of variation of any authorisation;

(f) the maximum fee to be paid for determining any application.

(6) Before issuing guidance under this section the Secretary of State must—

(a) publish a draft of the proposed guidance; and

(b) conduct a public consultation on the draft guidance.

(7) In preparing draft guidance, the Secretary of State must, in particular, consult—

(a) the metropolitan police force;

(b) the Greater London Authority;

(c) Westminster City Council; and

(d) the Director of Public Prosecutions.

(8) Guidance issued under this section must be made by statutory instrument and is subject to annulment in pursuance of a resolution of either House of Parliament.”

Clause 154

LORD RAMSBOTHAM

308

Leave out Clause 154

Clause 156

BARONESS BROWNING

309

Page 103, line 38, leave out “32(1)” and insert “32(1)(a) or 36”

Clause 158

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

309A

Page 104, line 29, after “subsections” insert “(2A),”

309B

Page 104, line 29, at end insert—

“(2A) A commencement order must not be made under subsection (1) in respect of Part 1 of this Act until—

(a) Her Majesty’s Inspectorate of Constabulary has conducted an inquiry into, and published a report on, the impact of the expected introduction of police and crime commissioners in England and Wales; and

(b) the responsible Minister has laid a copy of the report, and the Government’s response to any recommendations raised in the report, before both Houses of Parliament.”

Clause 159

BARONESS DOOCEY

310

Page 104, line 29, leave out “(3) and (4)” and insert “(2A) to (4).

(2A) Chapters 1 to 6 of Part 1 may not be brought into force before 1 October 2012 and must be brought into force on the same day.”

Prepared 1st July 2011