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Mr John Denham
270
Clause 92, page 87, line 12, leave out subsection (11).
Mr John Denham
268
Schedule 7, page 141, line 27, at end insert—
'Rehabilitation of Offenders Act 1974
| | 3A | In section 7(2)(bb) of the Rehabilitation of Offenders Act 1974 (c.53) (limitations on rehabilitations under Act etc.), for "a sex offender order under section 2 or, as the case may be, 20" there shall be substituted "an order under section 2, 2A or 20(4)(b)".'. |
Mr John Denham
241
Schedule 7, page 143, line 6, after '35' insert 'or (Police powers for contracted-out staff)'
Mr John Denham
242
Schedule 7, page 143, line 17, leave out 'or accredited under section 35 or' and insert 'under section 35 or (Police powers for contracted-out staff) or accredited under section'
Mr John Denham
260
Schedule 7, page 143, line 26, leave out '31(1) or 32(2)' and insert '17B, 30(1) or 31(2)'.
Mr John Denham
261
Schedule 7, page 143, line 27, leave out from 'detention' to end of line 30.
Mr John Denham
245
Schedule 8, page 147, line 36, at end insert—
| 'Criminal Justice and Public Order Act 1994 (c.33) | Section 54(5).' |
Mr John Denham
262
Schedule 8, page 148, line 4, at end insert—
| 'Employment Rights Act 1996 (c.18) | In section 200(1), the words "Part IVA," and "47B".' |
Mr John Denham
263
Schedule 8, page 148, line 15, at end insert—
| 'Public Interest Disclosure Act 1998 (c.23) | Section 13.' |
Mr John Denham
264
Schedule 8, page 148, line 16, column 2, leave out '7' and insert '4'.
Mr John Denham
265
Schedule 8, page 148, line 39, column 2, leave out '51' and insert '151'.
Mr John Denham
246
Schedule 8, page 148, line 43, column 2, at end insert—
REMAINING NEW CLAUSES
Duty to provide information for certain persons other than complainant
Mr John Denham
NC11
To move the following Clause:—
'(1) A person has an interest in being kept properly informed about the handling of a complaint or recordable conduct matter if—
| (a) | it appears to the Commission or to an appropriate authority that he is a person falling within subsection (2); and |
| (b) | that person has indicated that he consents to the provision of information to him in accordance with this section and that consent has not been withdrawn. |
(2) A person falls within this subsection if—
| (a) | he is a relative of a person whose death is the alleged result from the conduct complained of or to which the recordable conduct matter relates; |
| (b) | he is a relative of a person whose serious injury is the alleged result from that conduct and that person is incapable of making a complaint; |
| (c) | he himself has suffered serious injury as the alleged result of that conduct. |
(3) A person who does not fall within subsection (2) has an interest in being kept properly informed about the handling of a complaint or recordable conduct matter if—
| (a) | the Commission or an appropriate authority considers that he has an interest in the handling of the complaint or recordable conduct matter which is sufficient to make it appropriate for information to be provided to him in accordance with this section; and |
| (b) | he has indicated that he consents to the provision of information to him in accordance with this section. |
(4) In relation to a complaint, this section confers no rights on the complainant.
(5) A person who has an interest in being kept properly informed about the handling of a complaint or conduct matter is referred to in this section as an "interested person".
(6) In any case in which there is an investigation of the complaint or recordable conduct matter in accordance with the provisions of Schedule 3—
| (a) | by the Commission, or |
| (b) | under its management, |
it shall be the duty of the Commission to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).
(7) In any case in which there is an investigation of the complaint or recordable conduct matter in accordance with the provisions of Schedule 3—
| (a) | by the appropriate authority on its own behalf, or |
| (b) | under the supervision of the Commission, |
it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).
(8) Where subsection (7) applies, it shall be the duty of the Commission to give the appropriate authority all such directions as it considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.
(9) The matters of which the interested person must be kept properly informed are—
| (a) | the progress of the investigation; |
| (b) | any provisional findings of the person carrying out the investigation; |
| (c) | whether any report has been submitted under paragraph 23 of Schedule 3; |
| (d) | the action (if any) that is taken in respect of the matters dealt with in any such report; and |
| (e) | the outcome of any such action. |
(10) The duties imposed by this section on the Commission and the appropriate authority in relation to any complaint or recordable conduct matter shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.
(11) Subsections (6) to (9) of section 19 apply for the purposes of this section as they apply for the purposes of that section.
(12) In this section "relative" means a person of a description prescribed in regulations made by the Secretary of State.'.
Persons authorised to take intimate samples from persons in police detention
Mr John Denham
NC12
To move the following Clause:—
'(1) For subsection (9) of section 62 of the 1984 Act (persons who may take intimate samples) there shall be substituted—
(2) In section 65 of the 1984 Act (interpretation of Part 5 of that Act), in subsection (1) after the definition of "registered dentist" 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;". |
(3) After that subsection, there shall be inserted—
Application of the Police (Property) Act 1897 to NCS
Mr John Denham
NC13
To move the following Clause:—
'(1) After section 2 of the Police (Property) Act 1897 (c.30) there shall be inserted—
"2A Application to NCS (1) This Act applies to property which has come into the possession of the National Crime Squad as it applies to property that has come into the possession of the police.
(2) In relation to property that has come into the possession of the National Crime Squad—
| (a) | the reference in section 1(1) to an officer of police is a reference to a member of that Squad; and |
| (b) | references in section 2 to the property remaining in the possession of the police are references to its remaining in the possession of that Squad. |
(3) The power to make regulations under section 2 has effect in relation to property that has come into the possession of the National Crime Squad as if—
| (a) | the relevant authority for the purposes of subsection (2A) of that section were the Service Authority for that Squad; and |
| (b) | the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that Squad."'. |
(2) In section (2) of that Act (regulations), for subsection (2B) there shall be substituted—
"(2B) The relevant authority for the purposes of subsection (2A) is the police authority."'.
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