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Police Reform and Social Responsibility Bill |
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marshalled list of motions and amendments to be moved on |
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consideration of commons DisAgreeMENTS, aMENDMENTS IN LIEU |
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and amendment to amendment |
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[The page and line references are to HL Bill 62, the bill as first printed for the Lords.] |
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LORDS AMENDMENTS 1, 2, 3, 4 AND 6 |
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1 | Page 1, line 6, leave out subsection (1) |
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| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
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| The Commons disagree to Lords Amendments Nos. 1, 2, 3, 4 and 6 but propose |
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| Amendments 6A to 6D in lieu |
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2 | Page 1, line 8, leave out subsection (2) |
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| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
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| The Commons disagree to Lords Amendments Nos. 1, 2, 3, 4 and 6 but propose |
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| Amendments 6A to 6D in lieu |
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3 | Page 1, line 9, leave out subsection (3) |
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| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
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| The Commons disagree to Lords Amendments Nos. 1, 2, 3, 4 and 6 but propose |
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| Amendments 6A to 6D in lieu |
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4 | Page 1, line 11, leave out subsection (4) |
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| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
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| The Commons disagree to Lords Amendments Nos. 1, 2, 3, 4 and 6 but propose |
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| Amendments 6A to 6D in lieu |
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6 | Insert the following new Clause— |
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| (1) | There shall be a body corporate for each police area listed in Schedule 1 to |
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| the Police Act 1996 to be known as a “Police Commission”. |
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| (2) | A Police Commission shall consist of— |
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| (a) | a police and crime commissioner, and |
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| (b) | a police and crime panel. |
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| (3) | The police and crime commissioner shall be appointed by the police and |
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| crime panel (from amongst its own members).” |
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| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
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| The Commons disagree to Lords Amendments Nos. 1, 2, 3, 4 and 6 but propose the |
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| following Amendments in lieu— |
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6A | Page 14, line 8, at end insert— |
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| “(3A) | In carrying out functions, an elected local policing body must have regard |
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| to any financial code of practice issued by the Secretary of State. |
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| (3B) | The Secretary of State may from time to time revise the whole or any part |
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| of any financial code of practice. |
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| (3C) | The Secretary of State must lay before Parliament a copy of— |
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| (a) | any financial code of practice, and |
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| (b) | any revision of a financial code of practice. |
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| (3D) | In this section “financial code of practice” means a code of practice relating |
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| to the proper administration by elected local policing bodies of their |
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6B | Page 31, line 40, at end insert— |
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| “(1A) | The poll at the ordinary election of police and crime commissioners in 2012 |
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| is to be held on 15 November 2012.” |
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6C | Page 32, leave out lines 2 to 8 and insert “after 2012 is to be held on the ordinary |
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| day of election in the year of the election. |
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| (2A) | But, if the Secretary of State so specifies in an order, the poll at an ordinary |
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| election of police and crime commissioners in any year after 2012 is to be |
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| held on such day in the year of the election as may be specified in the order. |
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| (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 |
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| ordinary day of election in the year of the election; |
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| (b) | may not be made within the period of six months ending with the |
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| ordinary day of election in relation to England, or (if earlier) the |
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| ordinary day of election in relation to Wales, in the year of the |
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| election (or the first of the elections) to which the order relates. |
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| (2C) | In this section, “the ordinary day of election” in any year means— |
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| (a) | in relation to England, the day which is the ordinary day of election |
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| in that year of councillors for counties in England and districts (see |
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| sections 37 and 37A of the Representation of the People Act 1983), |
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| (b) | in relation to Wales, the day which is the ordinary day of election in |
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| that year of councillors for counties in Wales and county boroughs |
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| (see sections 37 and 37B of that Act).” |
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6D | Page 103, line 39, after “section” insert “50 or” |
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| Baroness Browning to move, That this House do not insist on its Amendments |
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| 1, 2, 3, 4 and 6 to which the Commons have disagreed and do agree with the Com |
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| mons in their Amendments 6A to 6D in lieu. |
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| Baroness Harris of Richmond to move, as an amendment to Motion A, leave out |
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| from “House” to end and insert “do insist on its Amendments 1, 2, 3, 4 and 6 and |
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| do disagree with the Commons in their Amendments 6A to 6D in lieu.” |
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| Lord Condon to move, as an amendment to Motion A, leave out “to 6D in lieu” |
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| and insert “, 6C and 6D in lieu, do disagree with Amendment 6B in lieu, do pro |
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| pose Amendment 6E in lieu thereof, do propose Amendments 6F and 6G to |
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| Amendment 6C, and do propose Amendment 6H as a consequential amendment |
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6E | Page 31, line 40, at end insert— |
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| “(1A) | The poll at the ordinary election of police and crime commissioners in 2013 |
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| is to be held on the same day as an ordinary election in 2013, being a day |
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| appointed by the Secretary of State that is no earlier than 2 May 2013.” |
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6F | Line 1, leave out “2012” and insert “2013” |
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6G | Line 4, leave out “2012” and insert “2013” |
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6H | Page 31, line 39, leave out “2012” and insert “2013” |
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| Lord Hunt of Kings Heath to move, as an amendment to Motion A, leave out “to |
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| 6D in lieu” and insert “, 6C and 6D in lieu, do disagree with Amendment 6B in |
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| lieu, do propose Amendment 6J in lieu thereof, and do propose Amendment 6K |
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| as a consequential amendment to the Bill.” |
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6J | Page 31, line 40, at end insert— |
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| “(1A) | Subsection (1) is subject to the publication of the final report of the Royal |
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| Commission on the future of policing.” |
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6K | Insert the following new Clause— |
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| “Royal Commission on the future of policing |
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| The Secretary of State shall cause a Royal Commission to be established on |
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| the future of policing, which shall have particular regard to the |
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| independence, effectiveness and accountability of the police.” |
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| Lord Harris of Haringey to move, as an amendment to Motion A, at end insert |
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| “and do propose Amendment 6L to Amendment 6A.” |
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6L | |
| “(3AA) | Any financial code of practice shall include provisions requiring an elected |
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| (a) | appoint no less than four non-executive members in accordance |
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| with such guidance as shall be contained in any financial code; and |
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| (b) | abide by such procedural guidelines to ensure good governance |
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| and high ethical standards as shall be contained in any financial |
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43 | Page 28, line 14, at end insert— |
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| “( ) | In a case where a deputy chief constable or assistant chief constable (the |
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| “acting chief constable”) is authorised by subsection (1)(a) or (5) to exercise |
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| or perform functions of a chief constable— |
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| (a) | the powers of the police and crime commissioner under section |
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| 38(2) and (3) are exercisable in relation to the acting chief constable |
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| as the powers are exercisable in relation to the chief constable (and |
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| references to chief constables in those provisions, and in other |
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| enactments relating to those provisions, are to be read accordingly); |
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| (b) | the powers under section 39(4) and (5) or section 40(4) and (5) are |
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| not exercisable in relation to the acting chief constable.” |
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| COMMONS DISAGEEMENT AND AMENDMENTS IN LIEU |
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| The Commons disagree with the Lords in their Amendment but propose Amendments 43A |
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43A | Page 28, line 14, at end insert— |
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| “(9A) | In a case where a deputy chief constable or assistant chief constable (the |
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| “acting chief constable”) is authorised by subsection (1)(a) or (5) to exercise |
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| 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 |
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| as they apply in relation to the chief constable (and references to |
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| chief constables in those provisions, and in other enactments |
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| relating to those provisions, are to be read accordingly); and |
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| (b) | section 39(4) and (5) or section 40(3) and (4) do not apply in relation |
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| to the acting chief constable.” |
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43B | Page 29, line 41, at end insert— |
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| “(6) | In a case where an Assistant Commissioner of Police of the Metropolis is |
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| acting in place of the Commissioner of Police of the Metropolis— |
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| (a) | section 48 applies in relation to the Assistant Commissioner as it |
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| applies to the Commissioner (and references to the Commissioner |
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| in that section, and in other enactments relating to that section, are |
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| to be read accordingly); and |
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| (b) | section 49 does not apply in relation to the Assistant Commissioner. |
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| (7) | For the purposes of subsection (6), an Assistant Commissioner is to be |
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| taken to be acting in place of the Commissioner at a particular time if— |
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| (a) | the Assistant Commissioner is, at that time, authorised by |
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| subsection (4) to exercise powers and duties of the Commissioner, |
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| (b) | that time falls during— |
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| (i) | any absence, incapacity or suspension from office of the |
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| (ii) | any vacancy in the office of Commissioner.” |
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| Baroness Browning to move, That this House do not insist on its Amendment 43, |
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| to which the Commons have disagreed, and do agree with the Commons in their |
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| Amendments 43A and 43B in lieu. |
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163 | Page 211, line 25, leave out sub-paragraphs (i) and (ii) and insert— |
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| “(i) | in paragraph (a)(i), for “a senior officer, the police |
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| authority” substitute “the chief officer or a person |
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| exercising or performing functions of the chief officer in |
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| accordance with section 41 of the Police Reform and |
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| Social Responsibility Act 2011, the local policing body”; |
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| (ii) | in paragraph (a)(ii), for “a senior officer” substitute “the |
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| chief officer or a person so exercising or performing |
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| functions of the chief officer”; |
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| (iii) | in paragraph (b)(i), for “a senior officer, the police |
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| authority” substitute “the chief officer or a person |
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| exercising or performing functions of the chief officer in |
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| accordance with section 41 of the Police Reform and |
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| Social Responsibility Act 2011, the local policing body”; |
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| (iv) | in paragraph (b)(ii), for “a senior officer” substitute “the |
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| chief officer or a person so exercising or performing |
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| functions of the chief officer”;” |
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| COMMONS AMENDMENT TO LORDS AMENDMENT |
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| The Commons propose the following Amendment to the Lords Amendment— |
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163A | Line 3, leave out from “or” to end and insert “an acting chief officer, the local |
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| (ii) | in paragraph (a)(ii), for “a senior officer” substitute “the |
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| chief officer or an acting chief officer”; |
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| (iii) | in paragraph (b)(i), for “a senior officer, the police |
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| authority” substitute “the chief officer or an acting chief |
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| officer, the local policing body”; |
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| (iv) | in paragraph (b)(ii), for “a senior officer” substitute “the |
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| chief officer or an acting chief officer”; |
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| (v) | after paragraph (b)(ii) insert— |
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| | “and, for the purposes of this definition, “acting chief |
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| officer” means a person exercising or performing |
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| functions of a chief constable in accordance with section |
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| 41 of the Police Reform and Social Responsibility Act |
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| 2011; a person exercising powers or duties of the |
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| Commissioner of Police of the Metropolis in accordance |
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| with section 44 or 45(4) of that Act; or a person exercising |
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| duties of the Commissioner of Police for the City of |
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| London in accordance with section 25 of the City of |
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| London Police Act 1839;”;” |
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| Baroness Browning to move, That this House do agree with the Commons in |
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| their Amendment 163A to Amendment 163. |
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