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Norman Baker
Annette Brooke
39
Clause 38, page 38, line 2, leave out 'person' and insert 'local authority'.
Norman Baker
Annette Brooke
40
Clause 38, page 38, line 8, leave out first 'employer' and insert 'local authority'.
Norman Baker
Annette Brooke
41
Clause 38, page 38, line 8, leave out 'or employer'.
Mr John Denham
222
Clause 38, page 38, line 10, leave out 'an employee' and insert 'employees'.
Mr John Denham
223
Clause 38, page 38, line 11, leave out 'member' and insert 'employee'.
Mr John Denham
224
Clause 38, page 38, line 14, at end insert—
'(8) For the purposes of determining liability for the unlawful conduct of employees of a contractor (within the meaning of section (Police powers for contracted-out staff)), conduct by such an employee in reliance or purported reliance on a designation under that section shall be taken to be conduct in the course of his employment by that contractor; and, in the case of a tort, that contractor shall fall to be treated as a joint tortfeasor accordingly.
(9) For the purposes of determining liability for the unlawful conduct of employees of a person with whom a chief officer of police has entered into any arrangements for the purposes of a community safety accreditation scheme, conduct by such an employee in reliance or purported reliance on an accreditation under section 37 shall be taken to be conduct in the course of his employment by that employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly.'.
Mr John Denham
225
Clause 42, page 39, line 40, after '35' insert 'or (Police powers for contracted-out staff)'
Mr John Denham
226
Clause 42, page 39, line 40, at end insert ';
"Director General" means—
| (a) | the Director General of the National Criminal Intelligence Service; or |
| (b) | the Director General of the National Crime Squad; |
"Service Authority" means—
| (a) | in relation to employment with the National Criminal Intelligence Service or to its Director General, the Service Authority for the National Criminal Intelligence Service; and |
| (b) | in relation to employment with the National Crime Squad or to its Director General, the Service Authority for the National Crime Squad.'. |
NEW CLAUSES RELATING TO CHAPTER 1 OF PART 4
Power to amend Chapter 1 of Part 4
Mr John Denham
NC15
To move the following Clause:—
'(1) The Secretary of State may by order modify the provisions of Schedule 4 or 5—
| (a) | by adding powers or duties to the powers and duties specified in either of those Schedules; |
| (b) | by otherwise amending, or by repealing, a provision of either of those Schedules. |
(2) An order under this section may make provision for such modifications of any enactment (whenever passed) as appear to the Secretary of State to be appropriate for the purpose of facilitating the exercise or performance of any power or duty the capacity to confer or impose which arises by virtue of an order under this section.
(3) The provision that may be made by an order under this section includes—
| (a) | provision adding powers and duties to Schedule 4 by means of the addition of a new Part to that Schedule; and |
| (b) | provision which, for that purpose, adds to the descriptions of officers contained in subsection (2) or (3) of section 35 and makes consequential amendments of subsection (6) of that section. |
(4) Nothing in this section shall authorise an addition to the powers that may be conferred on any person under section 35, (Police powers for contracted-out staff) or 37 so as to include (so far as they are not already specified in Schedule 4 or, as the case may be, 5)—
| (a) | any power to arrest or detain persons; |
| (b) | any power otherwise than in the company of a constable to enter any premises without the consent of the occupier of the premises; or |
| (c) | any power that is not already conferred by or under any enactment on constables or on persons of another description specified by or under that enactment. |
(5) Subsection (4)(a) shall not be construed as preventing paragraph 1A of Schedule 4 from applying in a case in which a designated person has reason to believe that a person has committed an offence that is capable of being a relevant offence for the purposes of paragraph 1 of that Schedule by reason only of an order under this section.
(6) Before making an order under this section, the Secretary of State shall consult with—
| (a) | persons whom he considers to represent the interests of police authorities; |
| (b) | persons whom he considers to represent the interests of chief officers of police; |
| (c) | persons whom he considers to represent the interests of local authorities; and |
| (d) | such other persons as he thinks fit. |
(7) For the purposes of subsection (6)(c), "local authorities" means district councils, London borough councils, county councils in Wales, county borough councils, the Common Council of the City of London and the Council of the Isles of Scilly.
(8) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this section unless a draft of that order has been laid before Parliament and approved by a resolution of each House.'.
Police powers for contracted-out staff
Mr John Denham
NC9
To move the following Clause:—
'(1) This section applies if a police authority has entered into a contract with a person ("the contractor") for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.
(2) The chief officer of police of the police force maintained by that police authority may designate any person who is an employee of the contractor as either or both of the following—
| (a) | a detention officer; or |
(3) A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.
(4) A chief officer of police shall not designate a person under this section unless he is satisfied that that person—
| (a) | is a suitable person to carry out the functions for the purposes of which he is designated; |
| (b) | is capable of effectively carrying out those functions; and |
| (c) | has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred on him by virtue of the designation. |
(5) A chief officer of police shall not designate a person under this section unless he is satisfied that the contractor is a fit and proper person to supervise the carrying out of the functions for the purposes of which that person is designated.
(6) A designation under this section shall confer powers and impose duties on the designated person by means only of provisions specifying the provisions of the applicable Part of Schedule 4 that are to apply to the designated person; and for this purpose the applicable Part of that Schedule is—
| (a) | in the case of a person designated as a detention officer, Part 3; and |
| (b) | in the case of a person designated as an escort officer, Part 4. |
(7) An employee of the contractor authorised or required to do anything by virtue of a designation under this section—
| (a) | shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and |
| (b) | shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation. |
(8) Where any power exercisable by any person in reliance on his designation under this section is a power which, in the case of its exercise by a constable, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a constable to use reasonable force.
(9) The Secretary of State may by regulations make provision for the handling of complaints relating to, or other instances of misconduct involving, the carrying out by any person designated under this section of the functions for the purposes of which any power or duty is conferred or imposed by his designation.
(10) Regulations under subsection (9) may, in particular, provide that any provision made by Part 2 of this Act with respect to complaints against persons serving with the police is to apply, with such modifications as may be prescribed by them, with respect to complaints against persons designated under this section.
(11) Before making regulations under this section, the Secretary of State shall consult with—
| (a) | persons whom he considers to represent the interests of police authorities; |
| (b) | persons whom he considers to represent the interests of chief officers of police; |
| (c) | the Independent Police Complaints Commission; and |
| (d) | such other persons as he thinks fit |
(12) A designation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (13), shall remain in force for such period as may be specified in the designation; but it may be renewed at any time with effect from the time when it would otherwise expire.
(13) A designation under this section shall cease to have effect—
| (a) | if the designated person ceases to be an employee of the contractor; or |
| (b) | if the contract between the police authority and the contractor is terminated or expires.'. |
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