Vote Bundle Text (920625-03)

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

back to previous text

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).'.

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.'.

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'.

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".'.

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—

(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.

(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."