Vote Bundle Text (920620-05)

Amendments proposed to the Police Reform Bill [Lords] - continued	House of Commons

back to previous text

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

(b)	an escort officer.

(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.'.

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).'.

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—

(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—

(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'.

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.'.

Mr John Denham

231

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