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

216

Schedule     5,     page     136,     line     24,     leave out sub-paragraph (2).

   

Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins

29

Schedule     5,     page     136,     line     37,     at end insert—

    '(2)   This paragraph shall only apply when an accredited person reasonably suspects that the person to whom section 12 of the Criminal Justice and Police Act 2001 (c. 16) (alcohol consumption in public places) applies has not attained the age of 18.'.

   

Norman Baker
Annette Brooke

30

Schedule     5,     page     137,     line     23,     at end insert—

    '(2)   A person to whom this paragraph applies shall not exercise any powers conferred by this paragraph except in the company, and under the supervision, of a constable.'.

   

Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins

31

Schedule     5,     page     137,     line     23,     at end insert—

    'Carrying out of road checks    6A (1)   An accredited person whose accreditation specifies that this paragraph applies to him shall have the following powers in the relevant police area—

(a)	the power to carry out any road check the carrying out of which by a police officer is authorised under section 4 of the 1984 Act (road checks); and

(b)	for the purpose of exercising that power, the power conferred by section 163 of the Road Traffic Act 1988 (c. 52) (power of police to stop vehicles) on a constable in uniform to stop a vehicle.

    (2)   A person to whom this paragraph applies shall not exercise any powers conferred by this paragraph except in the company, and under the supervision, of a constable.'.

   

Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins

32

Schedule     5,     page     137,     line     23,     at end insert—

    'Seizure of vehicles used to cause alarm etc.    6B (1)   An accredited person whose accreditation specifies that this paragraph applies to him—

(a)	shall, within the relevant police area, have all the powers of a constable in uniform under section 53 of this Act which are set out in subsection (3) of that section; and

(b)	references in that section to a constable, in relation to the exercise of any of those powers by that person, are references to that person.

    (2)   A person to whom this paragraph applies shall not exercise any powers conferred by this paragraph except in the company, and under the supervision, of a constable.'.

   

Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins

33

Schedule     5,     page     137,     line     23,     at end insert—

    'Cordoned areas    6C (1)   An accredited person whose accreditation specifies that this paragraph applies to him shall, in relation to any cordoned area in the relevant police area, have all the powers of a constable in uniform under section 36 of the Terrorism Act 2000 (c. 11) (enforcement of cordoned area) to give orders, make arrangements or impose prohibitions or restrictions.

    (2)   A person to whom this paragraph applies shall not exercise any powers conferred by this paragraph except in the company, and under the supervision, of a constable.'.

   

Norman Baker
Annette Brooke

34

Schedule     5,     page     137,     line     23,     at end insert—

    'Entry to save life or limb    6D   An accredited person whose accreditation specifies that this paragraph applies to him shall have the powers of a constable under section 17 of the 1984 Act to enter and search any premises in the relevant police area for the purpose of saving life or limb.'.

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Mr John Denham

217

Clause     38,     page     37,     line     23,     leave out 'or accreditation under section 35 or' and insert 'under section 35 or (Police powers for contracted-out staff) or his accreditation under section'

   

Norman Baker
Annette Brooke

35

Clause     38,     page     37,     line     25,     at end insert—

    (1A)   A person who exercises or performs any power or duty in reliance on his accreditation under section 37 shall be known as a Community Safety Warden.'.

   

Mr John Denham

218

Clause     38,     page     37,     line     27,     after '35' insert 'or (Police powers for contracted-out staff)'

   

Norman Baker
Annette Brooke

36

Clause     38,     page     37,     line     37,     after 'time', insert '(and in the case of accreditation under section 37, after consultation with the local authority)'.

   

Mr John Denham

219

Clause     38,     page     37,     line     37,     after '35' insert ', (Police powers for contracted-out staff)'

   

Mr John Denham

220

Clause     38,     page     37,     line     40,     at end insert—

    '(4A)   Where any person's designation under section (Police powers for contracted-out staff) is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the contractor responsible for supervising that person in the carrying out of the functions for the purposes of which the designation was granted.'.

   

Norman Baker
Annette Brooke

37

Clause     38,     page     37,     line     43,     leave out 'employer' and insert 'local authority'.

   

Mr John Denham

221

Clause     38,     page     37,     line     46,     leave out subsection (6) and insert—

    '(6)   For the purposes of determining liability for the unlawful conduct of employees of a police authority, conduct by such an employee in reliance or purported reliance on a designation under section 35 shall be taken tobe conduct in the course of his employment by the police authority; and, in the case of a tort, that authority shall fall to be treated as a joint tortfeasor accordingly.'.

   

Norman Baker
Annette Brooke

38

Clause     38,     page     38,     line     2,     after 'employees', insert 'or sub-contractors'.

   

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.'.

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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.'.

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NEW CLAUSES RELATING TO CHAPTER 1 OF PART 4

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.'.

Prepared 25 Jun 2002