Police Reform and Social Responsibility Bill

THIRD
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—

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]

Schedule 5

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

BARONESS MORGAN OF ELY

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

BARONESS MORGAN OF ELY

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

BARONESS MORGAN OF ELY

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

BARONESS MORGAN OF ELY

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

BARONESS MORGAN OF ELY

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

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

186A

Page 26, line 12, after “may” insert “, in the interests of efficiency or effectiveness,”

186B

Page 26, line 12, after “may” insert “, following consultation with the chair of the police and crime panel,”

186C

Page 26, line 13, at end insert “if an investigation into an allegation of misconduct or gross misconduct is being undertaken and, in the light of the investigation, the maintenance of public confidence in that force requires the suspension”

186D

Page 26, line 14, after “may” insert “, following consultation with the chair of the police and crime panel,”

186E

Page 26, line 15, after “area” insert “, in the interests of efficiency or effectiveness,”

186F

Page 26, line 15, at end insert “, with the approval of the Secretary of State”

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) ”

LORD DEAR

189A

Page 134, line 10, at end insert—

“( ) A police and crime commissioner should take advice from HMCIC before making any decision as to the appointment of a chief constable.”

BARONESS BROWNING

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”

LORD DEAR

192CA

Page 138, line 20, leave out “may” and insert “must”

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

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

205ZA

Page 30, line 16, after “may,” insert “in the interests of efficiency or effectiveness and”

205ZB

Page 30, line 24, after “may,” insert “in the interests of efficiency or effectiveness,”

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.”

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

206A

Insert the following new Clause—

“Transitional arrangements

(1) The provisions of sections 1 to 50 are subject to this section.

(2) Sections 1 to 50 shall not come into effect until 1st October after the first ordinary elections under section 51 have taken place.

(3) The Secretary of State shall make regulations to ensure that the police authorities established for police areas under section 3 of the Police Act 1996 (establishment of police authorities) and the Metropolitan Police Authority continue to exercise their functions until such time as the provisions of sections 1 to 50 come into effect.”

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.”

232A*

Page 44, line 26, at end insert—

“( ) A person becomes disqualified from being a police and crime commissioner 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.”

BARONESS HAMWEE

LORD SHIPLEY

235A

Page 50, line 3, at end insert—

“( ) a threat from criminal activity directed at children, vulnerable adults, or members of minority groups (or both), or from offences committed in the context of domestic violence, abuse or neglect,”

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

LORD STEVENSON OF BALMACARA

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.”

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

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.”

After Clause 96

LORD THOMAS OF GRESFORD

244A*

Insert the following new Clause—

“Exemption from civil proceedings for trespass brought by offender

(1) Section 329 of the Criminal Justice Act 2003 (civil proceedings for trespass to the person brought by offender) is amended as follows.

(2) In subsection (1)(b) at end insert “, and”

(3) After subsection (1)(b) insert—

“(c) at the material time, the defendant was not a constable acting in the course of his duty.””

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

BARONESS BROWNING

256A

Page 165, line 26, leave out from beginning to end of line 3 on page 166 and insert—

“Chief officers of police Current chief officers to remain in post

1 (1) At the relevant commencement time a person who, immediately before that time, is in post as the existing chief officer of the police force for a police area becomes the new chief officer of that police force.

(2) Where a person has, prior to the relevant commencement time, accepted an appointment as the existing chief officer of the police force for a police area which is to come into effect at a time (the “effective time“) which falls at or after the relevant commencement time, that appointment is to take effect at the effective time as an appointment as the new chief officer of that police force.

(3) Sub-paragraph (2) is without prejudice to any right of the person appointed not to take up the appointment.

Transfer of rights and liabilities

2 At the relevant commencement time, all rights and liabilities which immediately before that time were rights and liabilities of the existing chief officer of the police force for a police area are to transfer to the new chief officer of that police force.

Relevant legislative provisions”

256B

Page 166, line 5, leave out “day” and insert “time”

256C

Page 166, line 6, after “apply” insert “after that time”

256D

Page 166, line 10, leave out “day” and insert “time”

256E

Page 166, line 11, after “apply” insert “after that time”

256F

Page 166, line 20, leave out from beginning to end of line 24

256G

Page 166, line 34, leave out from beginning to end of line 37 and insert—

“Interpretation

3A In this Part “relevant commencement time” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the time when section 3 comes into force in relation to that area;

(b) in relation to the metropolitan police district, the time when section 5 comes into force.

Part 1A Initial transfer from police authorities Transfer of property, rights and liabilities

3B (1) At the relevant commencement time, all property, rights and liabilities which immediately before that time were property, rights and liabilities of the existing police authority for a police area are to transfer to, and by virtue of this paragraph vest in, the new policing body for that police area.

(2) This paragraph does not apply to any rights or liabilities under a contract of employment (which are dealt with in paragraph 3C).

Transfer of staff

3C (1) Subject to sub-paragraphs (5) and (6), this paragraph applies to any person who immediately before the relevant commencement time is a member of the staff of the existing police authority for a police area (the “existing employer”).

(2) A contract of employment between a person to whom this paragraph applies and the existing employer is to have effect from the relevant commencement time as if originally made between that person and the new policing body for the police area in relation to which the existing employer was established (the “new employer”).

(3) Sub-paragraph (2) does not break the continuity of a person’s employment and accordingly such a person’s period of employment with the existing employer counts as a period of employment with the new employer for the purposes of the Employment Rights Act 1996

(4) Without prejudice to subsection (2)—

(a) all the existing employer’s rights, powers, duties and liabilities under or in connection with a contract to which that sub-paragraph applies are by virtue of this paragraph transferred to the new employer at the relevant commencement time; and

(b) anything done before that date by or in relation to the existing employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the new employer.

(5) Sub-paragraphs (2) to (4) are without prejudice to any right of a member of staff to terminate the contract of employment if a substantial change is made to the person’s detriment in the person’s working conditions; but no such right arises by reason only of the change in employer effected by this paragraph.

(6) Where a person—

(a) has, prior to the relevant commencement time, entered into a contract of employment with an existing police authority which is to come into effect at or after that time; and

(b) would, if the contract had come into effect before that date, have been a person to whom this paragraph applies,

that person is to be treated as a person to whom this paragraph applies.

(7) A person who would (but for this sub-paragraph) be treated as being dismissed by the operation of this paragraph (whether by an enactment or otherwise) is to be treated as not being so dismissed.

(8) Sub-paragraph (7) does not apply to a person who, by virtue of sub-paragraph (5), does not become an employee of a new policing body.

(9) This paragraph is subject to paragraph 3D.

Police civilians

3D (1) The new policing body for a police area—

(a) is to have, for the purpose mentioned in sub-paragraph (2), relevant powers to arrange for the new chief officer of the police force for that area to discharge functions of that body; and

(b) must exercise those powers for the purpose mentioned in sub-paragraph (2).

(2) That purpose is securing that the police civilian members of staff of that new policing body are under the direction and control of that chief officer.

(3) Any arrangements made in compliance with section 15(2) of the Police Act 1996 between the existing police authority for a police area and the existing chief officer of the police force for that area which are in force immediately before the relevant time are to have effect at and after that time as if made under this paragraph between the new policing body for that area and the new chief officer of that police force.

(4) Sub-paragraph (2) applies to a person who—

(a) immediately before the relevant commencement time, is a police civilian member of the staff of an existing police authority, and

(b) at that time becomes a member of the staff of the new policing body for a police area by virtue of paragraph 3C.

(5) For as long as the person continues to be a member of the staff of that body, the person is to be—

(a) employed as a police civilian member of that staff, and

(b) under the direction and control of the new chief officer of the police for that area.

(6) Sub-paragraph (5) does not prevent the new policing body from making arrangements with the person for the person to cease to be a police civilian member of staff of that body (whether or not the person remains a member of the staff of that body).

(7) After the relevant commencement time, a new policing body may, for either of the purposes set out in sub-paragraph (8), make arrangements—

(a) with any member of the staff the body who is not a police civilian member of staff to become a police civilian member of that staff, or

(b) with a person who is not a member of that body’s staff to become a police civilian member of that staff.

(8) In relation to the new policing body for a police area those purposes are—

(a) replacing police civilian members of staff of the existing police authority for that area who did not become members of the staff of the new policing body in accordance with paragraph 3C;

(b) replacing police civilian members of staff of the new policing body who have ceased to be police civilian members of staff of that body otherwise than by virtue of a transfer scheme under Part 2 of this Schedule; or

(c) to supplement the police civilian members of staff of the new policing body.

(9) Sub-paragraphs (1) to (5) are subject to—

(a) any provision included in a collaboration agreement under section 22A of the Police Act 1996, and

(b) section 24(3A) of that Act (aid of one police force by another).

(10) In this paragraph—

(a) “relevant powers” means powers corresponding to those conferred by sections 101 and 107 of the Local Government Act 1972 on police authorities established under section 3 of the Police Act 1996;

(b) references to a police civilian member of staff of an existing police authority or a new policing body are references to a member of the staff of that authority or body who is employed solely to assist the police force maintained by that authority or body;

(c) the chief officers’ powers of direction and control referred to include powers of engagement and dismissal.

Seconded staff

3E In the case of a person who, immediately before the relevant commencement time, is seconded to the existing police authority for a police area, the secondment is to have effect, after that time, as a secondment to the new policing body for that police area.

Interpretation

3F In this Part “relevant commencement time” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the time when section 1 comes into force in relation to that area;

(b) in relation to the metropolitan police district, the time when section 4 comes into force.

Part 2 Subsequent transfer by new policing body Power to direct new policing body to make transfer scheme

4 (1) The Secretary of State may direct a new policing body—”

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”

BARONESS BROWNING

257A

Page 167, line 3, leave out “existing police authority” and insert “new policing body”

LORD HARRIS OF HARINGEY

258

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

BARONESS BROWNING

258A

Page 167, line 8, leave out “existing police authority” and insert “new policing body”

LORD HARRIS OF HARINGEY

259

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

BARONESS BROWNING

259A

Page 167, line 17, leave out “existing police authority” and insert “new policing body”

LORD HARRIS OF HARINGEY

260

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

BARONESS BROWNING

260A

Page 167, line 18, leave out “authority” and insert “body”

LORD HARRIS OF HARINGEY

261

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

BARONESS BROWNING

261A

Page 167, line 21, leave out “authority” and insert “body”

LORD HARRIS OF HARINGEY

262

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

BARONESS BROWNING

262A

Page 167, line 23, leave out “existing police authority” and insert “new policing body”

LORD HARRIS OF HARINGEY

263

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

BARONESS BROWNING

263A

Page 167, line 23, at end insert—

“5A (1) The Secretary of State may direct a new policing body—

(a) to modify a transfer scheme made by that body, and

(b) to submit such a scheme to the Secretary of State for approval.

(2) Sub-paragraphs (2) to (5) of paragraph 4 apply to a direction under sub-paragraph (1) of this paragraph as they apply to a direction under sub-paragraph (1) of paragraph 4.

(3) In the application of paragraph 4(2) to (5) by virtue of sub-paragraph (2)—

(a) references to paragraph 4(1)(b) have effect as references to sub-paragraph (1)(b) of this paragraph;

(b) references to the making of a scheme have effect as references to the modification of a scheme;

(c) references to a scheme have effect as references to a scheme as modified.

(4) The Secretary of State may modify a transfer scheme made by a new policing body if—

(a) the authority does not comply with a direction given to it under sub-paragraph (1), or

(b) the Secretary of State decides not to approve the modified scheme submitted by the body.

(5) A scheme modified by the Secretary of State under sub-paragraph (4) is to be treated as if modified (and made) by the new policing body.

(6) A scheme modified in accordance with this paragraph is to be deemed for all purposes to have come into force with those modifications.”

263B

Page 167, line 25, leave out from “the” to “to” in line 26 and insert “new policing body”

LORD HARRIS OF HARINGEY

264

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

BARONESS BROWNING

264ZA

Page 167, line 27, leave out paragraph (a)

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

264A

Page 167, line 27, from beginning to end of line 48 on page 168 and insert “a member of police staff of the police force.

( ) The scheme may provide that a contract of employment, which the person had before becoming a member of the police force is to have effect as if originally made between that person and the police force.

7 A transfer scheme may provide that, in the case of a person who is seconded to the existing police authority, the secondment is to have effect as a secondment to the police staff of the police force.

8 (1) A transfer scheme may provide for the transfer to the police force of the rights, powers, duties and liabilities of the employer under or in connection with a contract of employment of a person who becomes a member of police staff of the police force.

(2) A transfer scheme may make provision—

(a) for periods before a person became a member of police staff of the police force to count as periods of employment within the police force;

(b) for periods before a person became a member of police staff of the police force, and the period after the person became a member of police staff of the police force, to count as a period of continuous service.

9 A transfer scheme may provide for a person who—

(a) is employed by the existing police authority under section 15 of the Police Act 1996; and

(b) would otherwise, by the operation of the scheme, become a member of police staff of the police force,

not to become such a member of staff if the person gives notice objecting to the operation of the scheme in respect of that person.”

BARONESS BROWNING

264B

Page 167, line 30, leave out sub-paragraph (2)

264C

Page 167, line 43, leave out “existing police authority” and insert “new policing body”

LORD HARRIS OF HARINGEY

265

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

BARONESS BROWNING

265A

Page 167, line 45, leave out paragraph (a)

265B

Page 168, line 1, leave out “a member of staff of”

265C

Page 168, line 4, leave out sub-paragraph (1)

265D

Page 168, line 16, leave out sub-paragraph (4)

265E

Page 168, line 41, leave out from first “the” to “and” in line 42 and insert “new policing body,”

LORD HARRIS OF HARINGEY

266

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

BARONESS BROWNING

266A

Page 168, line 44, leave out sub-paragraph (i)

266B

Page 169, line 8, leave out from “the” to end of line 9 and insert “new policing body”

LORD HARRIS OF HARINGEY

267

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

BARONESS BROWNING

267A

Page 169, line 12, after “rights” insert “or interests”

267B

Page 169, line 13, after “scheme” insert “or retained by the transferor under the scheme or create rights or liabilities as between the transferor and transferee under the scheme”

267C

Page 169, line 16, leave out sub-paragraphs (3) and (4)

267D

Page 169, line 24, leave out paragraph 11

267E

Page 169, line 33, at end insert—

“(3) A transfer scheme may confer functions on any person (including the Secretary of State).”

267F

Page 170, line 5, leave out from “person” to end of line 14 and insert “who—

(a) ceases to be a member of the staff of an existing police authority, and

(b) becomes a member of the staff of a new policing body.

(4) Section 1 of the Local Government and Housing Act 1989 (politically restricted posts) does not apply to the person for as long as the person—

(a) continues to be a member of the staff of the new policing body, and

(b) carries out duties which are the same, or substantially the same, as the duties the person carried out as a member of the staff of the existing police authority.”

267G

Page 170, line 18, at end insert—

“(1A) The replacement of an existing chief officer, the transfer or abolition of the functions of an existing chief officer, and the transfer of the rights and liabilities of an existing chief officer, do not affect anything done before the replacement, transfer or abolition.

(1B) The transfer of the property, rights and liabilities of a new policing body do not affect anything done before the transfer.”

267H

Page 170, line 20, leave out “an existing police authority” and insert “a person”

267J

Page 171, line 2, after first “to” insert “Part 1A of this Schedule and”

267K

Page 171, line 3, after “of” insert “Part 1A of this Schedule and”

267L

Page 171, line 4, leave out “of an existing police authority”

267M

Page 171, line 6, at end insert—

“Foreign property etc: perfection of vesting

15A (1) Subsections (2) to (8) of section 414 of the Greater London Authority Act 1999 (foreign property, rights and liabilities: perfection of vesting) apply in any case where a transfer by or under this Act provides for the transfer of foreign property, rights or liabilities.

(2) In the application of those provisions by virtue of sub-paragraph (1)—

(a) references to a transfer or pension instrument have effect as references to the transfer by or under this Act; and

(b) references to the transferor and the transferee are to be construed accordingly.

Transfers: supplementary provision

15B (1) All property, rights and liabilities to which a statutory transfer applies are to be transferred by that transfer, notwithstanding that they may be or include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred, or

(b) rights and liabilities under enactments.

(2) The property, rights and liabilities which may be transferred by a transfer scheme include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred, or

(b) rights and liabilities under enactments.

(3) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property shall operate or become exercisable as a result of any transfer of land or other property by virtue of a statutory transfer or a transfer scheme (whether or not any consent required to the transfer has been obtained).

(4) No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document, shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a statutory transfer or a transfer scheme.

(5) Sub-paragraphs (2) to (4) above have effect in relation to—

(a) the grant or creation of an estate or interest in, or right over, any land or other property, or

(b) the doing of any other thing in relation to land or other property,

as they have effect in relation to a transfer of land or other property.

(6) A transfer scheme may make provision for the apportionment or division of any property, rights or liabilities.

(7) Where a transfer scheme makes provision for the apportionment or division between two or more persons of any rights or liabilities under a contract, the contract shall have effect, as from the coming into force of the provision, as if it constituted two or more separate contracts separately enforceable by and against each of those persons respectively as respects the part of the rights or liabilities which falls to that person as a result of the apportionment or division.

(8) The provision that may be made by a transfer scheme includes provision for—

(a) any transfer of land or other property by virtue of the instrument,

(b) the grant or creation of any estate or interest in, or right over, any land or other property by virtue of the instrument, or

(c) the doing of any other thing in relation to land or other property by virtue of the instrument,

to be on such terms, including financial terms, as the person making the scheme thinks fit.

(9) The Secretary of State may by order confer on any body or person to whom property, rights or liabilities are transferred by a statutory transfer or transfer scheme any statutory functions which were previously exercisable in relation to that property, or those rights or liabilities, by the transferor.

(10) It shall be the duty—

(a) of existing police authorities, new policing bodies, existing chief officers, new chief officers and local authorities, and

(b) of the trustees or managers, or administrators, of any pension scheme,

to provide the Secretary of State with such information or assistance as the Secretary of State may reasonably require for the purposes of, or in connection with, the exercise of any powers exercisable by the Secretary of State in relation to a statutory transfer or a transfer scheme.

(11) Where any person is entitled, in consequence of any transfer made by virtue of a statutory transfer or transfer scheme, to possession of a document relating in part to the title to, or to the management of, any land or other property in England and Wales—

(a) the instrument may contain provision for treating that person as having given another person an acknowledgment in writing of the right of that other person to the production of the document and to delivery of copies thereof; and

(b) section 64 of the Law of Property Act 1925 (production and safe custody of documents) shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.

(12) In this paragraph—

“relevant document” means—

(a) any enactment, other than an enactment contained in this Act;

(b) any subordinate legislation made otherwise than under this Act; or

(c) any deed or other instrument;

“statutory transfer” means a transfer under Part 1 or 1A of this Schedule;

“transfer scheme” means a transfer scheme under Part 2.”

267N

Page 171, line 10, leave out “the abolition of the existing police authorities” and insert “Part 1 of this Act (including provision that supplements or varies the provision made by this Schedule).

(2) An order under this paragraph may, in particular—

(a) amend, or otherwise modify, any enactment;

(b) make any provision that may be made by a transfer scheme under Part 2 of this Schedule (whether the provision in the order relates to that Part or Part 1A of this Schedule);

(c) provide for the new policing body for a police area to make any payment which—

(i) before a day specified in the order could have been made out of the police fund of the existing police authority for that area, but

(ii) is not a liability which is transferred to the new policing body by virtue of Part 1A of this Schedule;

(d) provide for a new chief officer or a local authority to which property, rights or liabilities of a new policing body are, or are to be, transferred by virtue of a transfer scheme under Part 1A of this Schedule to make any payment which—

(i) before a day specified in the order could have been made out of the police fund of that new policing body, but

(ii) is not a liability which could be transferred by virtue of such a transfer scheme;

(e) make provision in relation to the accounts and audit of—

(i) existing police authorities, and

(ii) new policing bodies.

(3) Provision of the kind referred to in sub-paragraph (2)(e) may, in particular—

(a) amend, or otherwise modify, any enactment relating to the accounts and audit of public bodies in its application to—

(i) an existing police authority and the financial year in which that authority is abolished, or

(ii) a new policing body and the financial year in which that body is established;

(b) provide for the Secretary of State to give directions as to action to be taken in relation to the accounts and audit of—

(i) an existing police authority in relation to the financial year in which that authority is abolished, or

(ii) a new policing body in relation to the financial year in which that body is established;

(c) provide for a person who, in acting in accordance with such a direction, fails to comply with a code of practice or other document relating to proper accounting practice to be taken not to have so failed to comply.”

267P

Page 171, line 14, leave out from beginning to end of line 20 and insert—

““existing chief officer” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the chief constable of the police force for that area before the coming into force of section 3 of this Act in relation to that area;

(b) in relation to the metropolitan police district, the Commissioner of Police of the Metropolis immediately before the coming into force of section 5;”

267Q

Page 171, line 30, at end insert—

““new chief officer” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996, the chief constable established for that police area under section 3 of this Act;

(b) in relation to the metropolitan police district, the Commissioner of Police of the Metropolis established under section 5;”

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

LORD STEVENSON OF BALMACARA

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

LORD STEVENSON OF BALMACARA

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 111

LORD CLEMENT-JONES

304A

Leave out Clause 111

Clause 112

LORD CLEMENT-JONES

304B

Leave out Clause 112

Clause 113

LORD CLEMENT-JONES

304C

Leave out Clause 113

Clause 114

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

LORD STEVENSON OF BALMACARA

305

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

Clause 121

LORD CLEMENT-JONES

305ZA

Page 82, line 1, leave out “may” and insert “shall”

Clause 123

LORD HUNT OF KINGS HEATH

LORD ROSSER

LORD STEVENSON OF BALMACARA

305ZB

Page 85, line 17, at end insert “, and

( ) the costs of social services and trading standards when discharging their functions as responsible authorities under this Act”

After Clause 126

LORD BILSTON

LORD EVANS OF PARKSIDE

LORD FOULKES OF CUMNOCK

BARONESS FARRINGTON OF RIBBLETON

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 127

LORD CLEMENT-JONES

305B

Page 88, line 13, after “in” insert “the whole or part of”

305C

Page 88, line 21, leave out subsection (4)

Clause 133

LORD RAMSBOTHAM

LORD FAULKNER OF WORCESTER

LORD STEVENSON OF BALMACARA

306

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

BARONESS HAMWEE

LORD SHIPLEY

306ZZA

Page 91, line 41, leave out “70” and insert “50”

Clause 137

LORD CLEMENT-JONES

306ZA

Page 94, line 20, leave out “may” and insert “shall”

306ZB

Page 94, line 22, leave out “, if a licensing authority so decides,”

After Clause 142

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF SUTTON MANDEVILLE

LORD BROOKE OF ALVERTHORPE

306ZC

Insert the following new Clause—

“Youth rehabilitation orders: alcohol monitoring requirement

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph 24 insert—

“24A Alcohol monitoring requirement

(1) In this Part “alcohol monitoring requirement”, in relation to a youth rehabilitation order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the local justice area proposed to be specified in the order.

(3) A youth rehabilitation order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.

(5) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to sub-paragraph (1)(b).

(6) The Secretary of State make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under sub-paragraph (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(7) In this paragraph—

“appropriate adult” means—

(a) the offender’s parent or guardian or, if the offender is in the care of a local authority or voluntary organisation, a person representing that authority or organisation;

(b) a social worker of the local authority; or

(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;

“monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”

(2) Schedule (Youth rehabilitation orders: alcohol monitoring requirement) makes further amendments to the Criminal Justice and Immigration Act 2008.””

306ZD

Insert the following new Clause—

“Alcohol monitoring requirement

“(1) After section 212 of the Criminal Justice Act 2003, insert—

“212A Alcohol monitoring requirement

(1) In this Part “alcohol monitoring requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount of no less than £1 and no more than £5 in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and the offender expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the area proposed to be specified in the order under section 216 (local justice area to be specified in relevant order).

(3) A relevant order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to subsection (1)(b).

(5) The Secretary of State may make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under subsection (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(6) In this section, “monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”

(2) Schedule (Alcohol monitoring requirement) makes further amendments to the Criminal Justice Act 2003.””

After Clause 146

LORD MARLESFORD

306A

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 147

LORD MARLESFORD

306B

Leave out Clause 147 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.”

Clause 148

BARONESS HAMWEE

LORD SHIPLEY

306C

Page 100, line 1, leave out subsection (2) and insert—

“(2) But an order under subsection (1)(b) may not prohibit a person from entering the controlled area of Parliament Square nor restrict a person’s right lawfully to demonstrate there.”

After Clause 151

LORD DUBS

LORD BROOKE OF SUTTON MANDEVILLE

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 152

BARONESS BROWNING

307ZA

Page 101, line 32, at end insert—

“(A1) In section 2 of the Parks Regulation (Amendment) Act 1926 (power to make regulations), after subsection (1) insert—

“(1A) Regulations under subsection (1) may include provision applying (with any necessary modifications) sections 4 to 6 of the Royal Parks (Trading) Act 2000 (seizure, retention, disposal and forfeiture of property) in relation to offences under that subsection that are not park trading offences for the purposes of that Act.””

Clause 153

BARONESS MEACHER

LORD MAPLES

307ZB*

Page 102, line 6, after “for” insert “permanent or”

307ZC*

Page 102, line 6, at end insert “Intoxicating Substances (Supply) Act 1985, medicines acts, consumer protection legislation, advertising standards, or the”

Before Schedule 17

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF SUTTON MANDEVILLE

LORD BROOKE OF ALVERTHORPE

307A

Insert the following new Schedule—

“Alcohol monitoring requirement

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”

3 In section 182 (licence conditions)—

(a) in subsection (1), after paragraph (f), insert—

“(fa) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring equipment).”

4 In section 185(1) (intermittent custody: licence conditions) after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”

5 In section 190 (imposition of requirements by suspended sentence order)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”,

(c) in subsection (4), after “an alcohol treatment requirement,” insert “an alcohol monitoring requirement,”.

6 In section 238 (power of court to recommend licence conditions), after subsection (1), insert—

“(1A) That may include a recommendation that the offender should be required to refrain from consuming alcohol, including a requirement that the offender submit to testing.”

7 In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and

“(iii) a condition requiring the prisoner to refrain from consuming alcohol, including a requirement that the prisoner must submit to testing.”

8 (1) Schedule 8 (breach, revocation or amendment of community order) is amended in accordance with this paragraph.

(2) In paragraph 5(1) (duty to give warning) after the words “community order” insert “, other than a community order imposing an alcohol monitoring requirement,”.

(3) After paragraph 6, insert—

“Breach of an alcohol monitoring requirement

6A (1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”

9 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) is amended in accordance with this paragraph.

(2) In paragraph 4(1) (duty to give warning) after “a suspended sentence order” insert “, other than an alcohol monitoring requirement,”.

(3) After paragraph 5, insert—

“Breach of an alcohol monitoring requirement

5A (1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement of a suspended sentence order—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any suspended sentence order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”

10 In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), after the entry for “An alcohol treatment requirement”, insert—

“An alcohol monitoring requirement. Any person specified under section 212A(1).””

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

307B

Insert the following new Schedule—

“Youth rehabilitation orders: Alcohol monitoring requirement

1 The Criminal Justice and Immigration Act 2008 is amended as follows.

2 In section 1 (youth rehabilitation orders), after subsection (1)(n), insert—

“(na) an alcohol monitoring requirement (see paragraph 24A of that Schedule),”.

3 (1) Schedule 1 (further provision about youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 1 (imposing of requirements), after sub-paragraph (k), insert—

“(ka) paragraph 24A(2) (alcohol monitoring requirement), and”.

(3) In paragraph 34(4) (provision of copies of orders), after the entry for “An intoxicating substance treatment requirement”, insert—

“An alcohol monitoring requirement. Any person specified under paragraph 24A(1).”

4 (1) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 3(1) (duty to give warning), after “youth rehabilitation order” insert “, other than an order imposing an alcohol monitoring requirement,”.

(3) After paragraph 4, insert—

“Breach of an alcohol monitoring requirement

4A If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may cause an information to be laid before a justice of the peace in respect of that failure.”

(4) In paragraph 21(1) (warrants) after “by virtue of this Schedule” insert “or under paragraph 4A”.”

Schedule 17

BARONESS BROWNING

307C

Page 225, line 41, after “(6)” insert “—

(a) is subject to subsection (10), and

(b) ”

307D

Page 226, leave out lines 1 to 3 and insert—

“(10) An order under this section—

(a) must be laid before Parliament after being made, and

(b) ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless before the end of that period the order is approved by a resolution of each House of Parliament.

(11) In calculating that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(12) Subsection (10)(b)—

(a) is without prejudice to anything previously done or to the power of the Secretary of State to make a new order under this section;

(b) does not apply to an order that only revokes a previous order under this section.”

BARONESS MEACHER

LORD MAPLES

307E

Page 230, line 18, at end insert—

“The Intoxicating Substances (Supply) Act 1985, medicines acts, consumer protection legislation and advertising standards are amended to make provision for the regulatory control of drugs subject to permanent or temporary control orders.”

Clause 154

LORD RAMSBOTHAM

308

Leave out Clause 154

Clause 155

LORD MACDONALD OF RIVER GLAVEN

LORD THOMAS OF GRESFORD

BARONESS TONGE

308A

Page 102, line 20, at end insert—

“(4AA) The Director of Public Prosecutions shall give consent if—

(a) the evidence establishes a realistic prospect of conviction and the prosecution would be in the public interest, or

(b) the evidence raises a reasonable suspicion that an offence has been committed and that the suspect committed it, and the Director of Public Prosecutions is satisfied that there are reasonable grounds for believing that a continuing investigation will provide further evidence, within a reasonable period of time, so that all the evidence taken together is capable of establishing a realistic prospect of conviction.

(4AB) In the case of consent granted under subsection (4AA)(b), the Director of Public Prosecutions shall keep that case under review, so that if evidence establishing a realistic prospect of conviction is not available within a reasonable period, the Director of Public Prosecutions shall take over and discontinue the case.”

Clause 156

BARONESS BROWNING

309

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

309ZA

Page 103, line 40, at end insert—

“(d) an order under paragraph 16 of Schedule 15 which contains provision amending an Act (whether or not it also contains other provision).”

Clause 158

BARONESS BROWNING

309ZB

Page 104, line 14, leave out “and” and insert “to”

309ZC

Page 104, line 14, leave out “(4)” and insert “(5)”

309ZD

Page 104, line 22, at end insert—

“(3A) Section 100 and Schedule 15 apply to England and Wales and Scotland.”

309ZE

Page 104, line 25, at end insert—

“(5) Subsection (4) does not apply to the amendment made to section 2 of the Parks Regulation (Amendment) Act 1926 by section 152(A1) above (which accordingly extends to England and Wales only).”

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 8th July 2011