S.C.A.
Amendment Paper as at
Tuesday 25th June 2002
STANDING COMMITTEE A
POLICE REFORM BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee (23rd May).
Norman Baker
Annette Brooke
66
Schedule 4, page 134, line 19, at end insert 'whom he reasonably suspects to be in possession of an object that is likely to cause harm or injury'.
Mr John Denham
206
Schedule 4, page 134, line 33, leave out 'under section 35'.
Mr John Denham
207
Schedule 4, page 134, line 37, after second 'that' insert 'or any other police'.
Mr John Denham
208
Schedule 4, page 134, line 38, leave out 'a place in that area that is' and insert 'any other place'.
Mr John Denham
209
Schedule 4, page 134, line 40, after 'area' insert 'or in another police area'.
Mr John Denham
210
Schedule 4, page 134, line 40, at end insert—
| | '(1A) | Where a designation applies this paragraph to any person, that person may be authorised by the custody officer for any designated police station outside the relevant police area to escort a person in police detention— |
(a) from that police station to a designated police station in that area; or
(b) from that police station to any place in that area specified by the custody officer and either back to that police station or on to another police station (whether in that area or elsewhere).'.
Mr John Denham
211
Schedule 4, page 134, line 42, after '(1)' insert 'or (1A)'.
Norman Baker
Annette Brooke
67
Schedule 4, page 135, line 3, at end insert 'whom he reasonably suspects to be in possession of an object that is likely to cause harm or injury'.
Mr John Denham
212
Schedule 4, page 135, line 25, after '35' insert 'or (Police powers for contracted-out staff)'.
Mr John Denham
213
Schedule 4, page 135, line 29, at end insert—
| | '(1A) | In this Schedule "a designation" means a designation under section 35. |
| (1B) | In Parts 3 and 4 of this Schedule "a designation" also includes a designation under section (Police powers for contracted-out staff).'. |
Norman Baker
Annette Brooke
144
Clause 36, page 35, line 37, leave out 'consult with' and insert 'obtain the approval of'.
Mr John Denham
214
Clause 36, page 35, line 38, leave out 'and the principal local authority for that area' and insert '; and
| (b) | every local authority any part of whose area lies within the police area. |
(3A) In subsection (3)(b) "local authority" means—
| (a) | in relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; and |
| (b) | in relation to Wales, a county council or a county borough council.'. |
Norman Baker
Annette Brooke
145
Clause 36, page 35, line 38, after 'and', insert 'before giving such approval, the police authority in question must consult'.
Norman Baker
Annette Brooke
12
Clause 36, page 36, line 11, leave out from 'with' to end of line 14 and insert 'any local authority falling within the police authority area'.
Norman Baker
Annette Brooke
13
Clause 36, page 36, line 15, leave out 'employers' and insert 'local authorities'.
Norman Baker
Annette Brooke
14
Clause 36, page 36, line 19, leave out 'employers' and insert 'local authorities'.
Norman Baker
Annette Brooke
146
Clause 36, page 36, line 23, at end insert—
'(6A) It shall be the responsibility of any police authority which has approved a scheme under this section to undertake a full review of the workings of the scheme 12 months after its establishment and in particular to—
| (a) | seek the views of the principal local authority for the area; and |
| (b) | monitor the impact of the scheme on public confidence in the force maintained by that authority.'. |
Norman Baker
Annette Brooke
15
Clause 36, page 36, line 23, at end add—
'(7) In this section "local authority" means the relevant local authority, that is to say—
| (a) | in relation to England, a county council, a district council, a London borough council, a metropolitan council, a unitary council or the Common Council of the City of London; and |
| (b) | in relation to Wales, a county council or a county borough council.'. |
Norman Baker
Annette Brooke
16
Clause 37, page 36, line 27, leave out 'any employer' and insert 'a local authority'.
Norman Baker
Annette Brooke
17
Clause 37, page 36, line 28, after 'employees', insert 'or sub-contractors'.
Norman Baker
Annette Brooke
18
Clause 37, page 36, line 28, leave out 'employer' and insert 'local authority'.
Norman Baker
Annette Brooke
19
Clause 37, page 36, line 30, leave out 'person' and insert 'local authority'.
Norman Baker
Annette Brooke
20
Clause 37, page 36, line 30, leave out 'he' and insert 'it'.
Norman Baker
Annette Brooke
21
Clause 37, page 36, line 31, after 'employee', insert 'or sub-contractor'.
Norman Baker
Annette Brooke
22
Clause 37, page 36, line 31, leave out 'employer' and insert 'local authority'.
Norman Baker
Annette Brooke
23
Clause 37, page 36, line 36, leave out paragraph (a).
Norman Baker
Annette Brooke
147
Clause 37, page 36, line 38, at end insert—
| '(aa) | that there has not been a bankruptcy order made against the person's employer, or the employer's estate has not been sequestrated, or the employer has not made a composition or arrangement with, or granted a trust deed for, its creditors;'. |
Norman Baker
Annette Brooke
24
Clause 37, page 37, line 8, leave out 'employer' and insert 'local authority'.
Norman Baker
Annette Brooke
25
Clause 37, page 37, line 17, leave out second 'person' and insert 'local authority'.
Norman Baker
Annette Brooke
26
Clause 37, page 37, line 18, leave out 'whom' and insert 'which'.
Norman Baker
Annette Brooke
27
Clause 37, page 37, line 20, at end add—
'(9) In this section "local authority" means the relevant local authority, that is to say—
| (a) | in relation to England, a county council, a district council, a London borough council, a Metropolitan borough council, a unitary council or the Common Council of the City of London; and |
| (b) | in relation to Wales, a county council or a county borough council.'. |
Mr John Denham
215
Schedule 5, page 136, line 16, at end insert—
'Power to require giving of name and address
| 1A | (1) | Where an accredited person whose accreditation specifies that this paragraph applies to him has reason to believe that another person has committed a relevant offence in the relevant police area, he may require that other person to give him his name and address. |
| (2) | A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. |
| (3) | In this paragraph "relevant offence", in relation to any accredited person, means any offence which is— |
(a) a relevant fixed penalty offence for the purposes of any powers exercisable by the accredited person by virtue of paragraph 1; or
(b) an offence the commission of which appears to the accredited person to have caused—
| (i) | injury, alarm or distress to any other person; or |
| (ii) | the loss of, or any damage to, any other person's property; |
but the accreditation of an accredited person may provide that an offence is not to be treated as a relevant offence by virtue of paragraph (b) unless it satisfies such other conditions as may be specified in the accreditation.'.
Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins
28
Schedule 5, page 136, line 18, leave out paragraph 2.
