House of Lords Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Police Reform and Social Responsibility Bill
marshalled list of motions and amendments to be moved on
consideration of commons DisAgreeMENTS, aMENDMENTS IN LIEU
and amendment to amendment
[The page and line references are to HL Bill 62, the bill as first printed for the Lords.]
MOTION A
LORDS AMENDMENTS 1, 2, 3, 4 AND 6
Clause 1
1
Page 1, line 6, leave out subsection (1)

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 1, 2, 3, 4 and 6 but propose

Amendments 6A to 6D in lieu
2
Page 1, line 8, leave out subsection (2)

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 1, 2, 3, 4 and 6 but propose

Amendments 6A to 6D in lieu
3
Page 1, line 9, leave out subsection (3)

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 1, 2, 3, 4 and 6 but propose

Amendments 6A to 6D in lieu
4
Page 1, line 11, leave out subsection (4)

HL Bill 96—I 55/1

2

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 1, 2, 3, 4 and 6 but propose

Amendments 6A to 6D in lieu
After Clause 1
6
Insert the following new Clause—

“Police Commission

(1)
There shall be a body corporate for each police area listed in Schedule 1 to

the Police Act 1996 to be known as a “Police Commission”.

(2)
A Police Commission shall consist of—

(a)
a police and crime commissioner, and

(b)
a police and crime panel.

(3)
The police and crime commissioner shall be appointed by the police and

crime panel (from amongst its own members).”

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendments Nos. 1, 2, 3, 4 and 6 but propose the

following Amendments in lieu—
6A
Page 14, line 8, at end insert—

“(3A)
In carrying out functions, an elected local policing body must have regard

to any financial code of practice issued by the Secretary of State.

(3B)
The Secretary of State may from time to time revise the whole or any part

of any financial code of practice.

(3C)
The Secretary of State must lay before Parliament a copy of—

(a)
any financial code of practice, and

(b)
any revision of a financial code of practice.

(3D)
In this section “financial code of practice” means a code of practice relating

to the proper administration by elected local policing bodies of their

financial affairs.”
6B
Page 31, line 40, at end insert—

“(1A)
The poll at the ordinary election of police and crime commissioners in 2012

is to be held on 15 November 2012.”
6C
Page 32, leave out lines 2 to 8 and insert “after 2012 is to be held on the ordinary

day of election in the year of the election.

(2A)
But, if the Secretary of State so specifies in an order, the poll at an ordinary

election of police and crime commissioners in any year after 2012 is to be

held on such day in the year of the election as may be specified in the order.

(2B)
An order under subsection (2A)—

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(a)
may not specify, as the day of a poll, a day which is before the

ordinary day of election in the year of the election;

(b)
may not be made within the period of six months ending with the

ordinary day of election in relation to England, or (if earlier) the

ordinary day of election in relation to Wales, in the year of the

election (or the first of the elections) to which the order relates.

(2C)
In this section, “the ordinary day of election” in any year means—

(a)
in relation to England, the day which is the ordinary day of election

in that year of councillors for counties in England and districts (see

sections 37 and 37A of the Representation of the People Act 1983),

and

(b)
in relation to Wales, the day which is the ordinary day of election in

that year of councillors for counties in Wales and county boroughs

(see sections 37 and 37B of that Act).”
6D
Page 103, line 39, after “section” insert “50 or”

A

Baroness Browning to move, That this House do not insist on its Amendments

1, 2, 3, 4 and 6 to which the Commons have disagreed and do agree with the Com

mons in their Amendments 6A to 6D in lieu.

A1

Baroness Harris of Richmond to move, as an amendment to Motion A, leave out

from “House” to end and insert “do insist on its Amendments 1, 2, 3, 4 and 6 and

do disagree with the Commons in their Amendments 6A to 6D in lieu.”

A2

Lord Condon to move, as an amendment to Motion A, leave out “to 6D in lieu”

and insert “, 6C and 6D in lieu, do disagree with Amendment 6B in lieu, do pro

pose Amendment 6E in lieu thereof, do propose Amendments 6F and 6G to

Amendment 6C, and do propose Amendment 6H as a consequential amendment

to the Bill.”
6E
Page 31, line 40, at end insert—

“(1A)
The poll at the ordinary election of police and crime commissioners in 2013

is to be held on the same day as an ordinary election in 2013, being a day

appointed by the Secretary of State that is no earlier than 2 May 2013.”
6F
Line 1, leave out “2012” and insert “2013”
6G
Line 4, leave out “2012” and insert “2013”
6H
Page 31, line 39, leave out “2012” and insert “2013”

A3

Lord Hunt of Kings Heath to move, as an amendment to Motion A, leave out “to

6D in lieu” and insert “, 6C and 6D in lieu, do disagree with Amendment 6B in

lieu, do propose Amendment 6J in lieu thereof, and do propose Amendment 6K

as a consequential amendment to the Bill.”
6J
Page 31, line 40, at end insert—

“(1A)
Subsection (1) is subject to the publication of the final report of the Royal

Commission on the future of policing.”

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Before Clause 97
6K
Insert the following new Clause—

“Royal Commission on the future of policing

The Secretary of State shall cause a Royal Commission to be established on

the future of policing, which shall have particular regard to the

independence, effectiveness and accountability of the police.”

A4

Lord Harris of Haringey to move, as an amendment to Motion A, at end insert

“and do propose Amendment 6L to Amendment 6A.”
6L
Line 3, at end insert—

“(3AA)
Any financial code of practice shall include provisions requiring an elected

policing body to—

(a)
appoint no less than four non-executive members in accordance

with such guidance as shall be contained in any financial code; and

(b)
abide by such procedural guidelines to ensure good governance

and high ethical standards as shall be contained in any financial

code of practice.”

MOTION B

LORDS AMENDMENT 43
Clause 41
43
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

38(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 39(4) and (5) or section 40(4) and (5) are

not exercisable in relation to the acting chief constable.”

COMMONS DISAGEEMENT AND AMENDMENTS IN LIEU

The Commons disagree with the Lords in their Amendment but propose Amendments 43A

and 43B in lieu—
43A
Page 28, line 14, at end insert—

“(9A)
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—

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(a)
section 38(2) and (3) apply in relation to the acting chief constable

as they apply 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)
section 39(4) and (5) or section 40(3) and (4) do not apply in relation

to the acting chief constable.”
43B
Page 29, line 41, at end insert—

“(6)
In a case where an Assistant Commissioner of Police of the Metropolis is

acting in place of the Commissioner of Police of the Metropolis—

(a)
section 48 applies in relation to the Assistant Commissioner as it

applies to the Commissioner (and references to the Commissioner

in that section, and in other enactments relating to that section, are

to be read accordingly); and

(b)
section 49 does not apply in relation to the Assistant Commissioner.

(7)
For the purposes of subsection (6), an Assistant Commissioner is to be

taken to be acting in place of the Commissioner at a particular time if—

(a)
the Assistant Commissioner is, at that time, authorised by

subsection (4) to exercise powers and duties of the Commissioner,

and

(b)
that time falls during—

(i)
any absence, incapacity or suspension from office of the

Commissioner, or

(ii)
any vacancy in the office of Commissioner.”

B

Baroness Browning to move, That this House do not insist on its Amendment 43,

to which the Commons have disagreed, and do agree with the Commons in their

Amendments 43A and 43B in lieu.

MOTION C

LORDS AMENDMENT 163
Schedule 16
163
Page 211, line 25, 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 41 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

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accordance with section 41 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”;”

COMMONS AMENDMENT TO LORDS AMENDMENT

The Commons propose the following Amendment to the Lords Amendment—
163A
Line 3, leave out from “or” to end and insert “an acting chief officer, the local

policing body”;

(ii)
in paragraph (a)(ii), for “a senior officer” substitute “the

chief officer or an acting chief officer”;

(iii)
in paragraph (b)(i), for “a senior officer, the police

authority” substitute “the chief officer or an acting chief

officer, the local policing body”;

(iv)
in paragraph (b)(ii), for “a senior officer” substitute “the

chief officer or an acting chief officer”;

(v)
after paragraph (b)(ii) insert—


“and, for the purposes of this definition, “acting chief

officer” means a person exercising or performing

functions of a chief constable in accordance with section

41 of the Police Reform and Social Responsibility Act

2011; a person exercising powers or duties of the

Commissioner of Police of the Metropolis in accordance

with section 44 or 45(4) of that Act; or a person exercising

duties of the Commissioner of Police for the City of

London in accordance with section 25 of the City of

London Police Act 1839;”;”

C

Baroness Browning to move, That this House do agree with the Commons in

their Amendment 163A to Amendment 163.

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