Amendments proposed to the Police Reform Bill [Lords] - continued	House of Commons
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Railway safety accreditation scheme
   

Mr John Denham

NC10

To move the following Clause:—

    '(1)   The Secretary of State may make regulations for the purpose of enabling the chief constable of the British Transport Police to establish and maintain a scheme ("a railway safety accreditation scheme").

    (2)   A railway safety accreditation scheme is a scheme for the exercise in, on or in the vicinity of policed premises in England and Wales, by persons accredited by the chief constable of the British Transport Police under the scheme, of the powers conferred on those persons by their accreditation under that scheme.

    (3)   The regulations may make provision—

(a)	as to the purposes for which a railway safety accreditation scheme may be established;

(b)	as to the procedure to be followed in the establishment of such a scheme; and

(c)	as to matters for which such a scheme must contain provision.

    (4)   The regulations may make provision as to the descriptions of persons who may be accredited under a railway safety accreditation scheme and as to the procedure and criteria to be applied for the grant of any accreditation under such a scheme.

    (5)   The regulations may make provision as to the powers which may be conferred on a person by an accreditation under such a scheme.

    (6)   Subject to subsection (7), no regulations made by virtue of subsection (5) shall permit a power to be conferred on a person accredited under a railway safety accreditation scheme which could not be conferred on an accredited person under a community safety accreditation scheme.

    (7)   The regulations may provide that the powers which may be conferred on a person by an accreditation under a railway safety accreditation scheme include the powers of a constable in uniform and of an authorised constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices) in respect of the following offences—

(a)	an offence under section 55 of the British Transport Commission Act 1949 (c. xxix) (trespassing on a railway);

(b)	an offence under section 56 of that Act (throwing stones etc. at trains or other things on railways).

    (8)   In relation to a person accredited under a railway safety accreditation scheme, the regulations may apply, with such modifications as may be prescribed by them, any provision of this Chapter which applies in relation to an accredited person.

    (9)   Before making regulations under this section the Secretary of State shall consult with—

(a)	persons whom he considers to represent the interests of chief officers of police;

(b)	the chief constable of the British Transport Police;

(c)	persons whom he considers to represent the interests of police authorities;

(d)	the British Transport Police Committee;

(e)	persons whom he considers to represent the interests of local authorities; and

(f)	such other persons as he thinks fit.

    (10)   In this section—

"British Transport Police" means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix); "local authorities" means district councils, London borough councils, county councils in Wales, county borough councils and the Common Council of the City of London; and"policed premises" has the meaning given by section 53(3) of the British Transport Commission Act 1949 (c. xxix).'.

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Mr John Denham

227

Clause     49,     page     43,     line     26,     leave out 'nurse' and insert 'health care professional'.

   

Mr John Denham

228

Clause     49,     page     43,     line     30,     at end insert—

    '(2A)   In subsection (2) of section 11 of that Act (interpretation of sections 3A to 10 of that Act), after the definition of "prescribed limit" there shall be inserted—

"'registered health care professional' means a person (other than a medical practitioner) who is—

(a)	a registered nurse; or

(b)	a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.

    (2B)   After that subsection there shall be inserted—

    "(2A)   A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c.8) other than the profession of practising medicine and the profession of nursing.

    (2B)   An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."'.

   

Mr John Denham

229

Clause     49,     page     43,     line     31,     leave out 'section 11 of that Act' and insert 'that section'.

   

Mr John Denham

230

Clause     49,     page     43,     line     36,     leave out 'nurse' and insert 'health care professional'.

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Mr James Paice
Mr Nick Hawkins

101

Clause     50,     page     44,     line     23,     at end insert—

'(iii)

if the medical practitioner who for the time being has any responsibility for the clinical care of the person concerned objects to the request.'.

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Mr John Denham

231

Clause     51,     page     46,     line     20,     leave out 'nurse' and insert 'health care professional'.

   

Mr John Denham

232

Clause     51,     page     46,     line     38,     leave out "section 16(1)" and insert "subsection (1) of section 16'.

   

Mr John Denham

233

Clause     51,     page     46,     line     39,     at end insert—

    '(6)   In subsection (2) of that section (documentary evidence as to consent), after the words "medical practitioner", in both places where they occur, there shall be inserted "or a registered health care professional".'.

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Mr John Denham

234

Clause     52,     page     47,     line     8,     leave out 'nurse' and insert 'health care professional'.

   

Mr John Denham

235

Clause     52,     page     47,     line     12,     at end insert—

    '(2A)   After subsection (9) of that section there shall be inserted—

    "(9A)   In this section "health care professional" means a person (other than a medical practitioner) who is—

(a)	a registered nurse; or

(b)	a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.

    (9B)   A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 other than the profession of practising medicine and the profession of nursing.

    (9C)   An order under subsection (9A)(b) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."

   

Mr John Denham

236

Clause     52,     page     49,     line     6,     at end insert—

    '(7A)   In section 35(3) of that Act (documentary evidence as to consent) after the words "medical practitioner", in both places where they occur, there shall be inserted "or a registered health care professional".

    (7B)   After subsection (2) of section 38 of that Act (interpretation of Chapter 1 of Part 2 of that Act) there shall be inserted—

    "(2A)   In this Chapter "registered health care professional" means a person (other than a medical practitioner) who is—

(a)	a registered nurse; or

(b)	a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.

    (2B)   A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c.8) other than the profession of practising medicine and the profession of nursing.

    (2C)   An order under subsection (2A)(b) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."

   

Mr John Denham

237

Clause     52,     page     49,     line     7,     leave out 'section 38 of that Act' and insert 'that section'.

   

Mr John Denham

238

Clause     52,     page     49,     line     13,     leave out 'nurse' and insert 'health care professional'.

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Mr John Denham

239

Clause     60,     page     55,     line     30,     leave out from beginning to end of line 38 and insert—

    '(1)   This section applies to—

(a)	applications for an anti-social behaviour order; and

(b)	applications for an order under section 1B.

    (2)   Before making an application to which this section applies, the council for a local government area shall consult the chief officer of police of the police force maintained for the police area within which that local government area lies.

    (3)   Before making an application to which this section applies, a chief officer of police shall consult the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside.

    (4)   Before making an application to which this section applies, a relevant authority other than a council for a local government area or a chief officer of police shall consult—

(a)	the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside; and

(b)	the chief officer of police of the police force maintained for the police area within which that local government area lies."'.

Prepared 18 Jun 2002