Amendments proposed to the Police Reform Bill [܃f4Ýlords], As Amended - continued House of Commons

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Continued deployment of traffic wardens
   

Simon Hughes
Norman Baker
Annette Brooke

NC8

*To move the following Clause:—

       'Police authorities shall continue to appoint persons to discharge, in aid of the police, functions normally undertaken by the police in connection with the control and regulation of, or enforcement of the law relating to traffic or stationary vehicles unless—

      (a) notwithstanding regulations under Part VIII of the Road Traffic Regulations Act, the police authority passes a resolution by 1st January 2004 not to continue deploying traffic wardens; and

      (b) that police authority informs the chief officer of police for that police force and the Secretary of State of its decision.'.


   

Mr Secretary Blunkett

49

Page     100,     line     13     [Clause     100],     leave out '40(7)' and insert '45(8)'.


   

Mr Secretary Blunkett

50

Page     101,     line     22     [Clause     103],     at beginning insert 'Sections (Scottish sex offender orders) and (Sex offender orders made in England, Wales or Northern Ireland) and'

   

Mr Secretary Blunkett

51

Page     101,     line     40     [Clause     103],     leave out '96(3)' and insert '96'.


NEW CLAUSES RELATING TO PART 1

Improvement action plans
   

Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins

NC1

To move the following Clause:—

       'After section 41 of the 1996 Act there shall be inserted—

       "41A Improvement Action Plans

          (1)   This section applies where the Secretary of State, as a consequence of a report under section 54, is satisfied in relation to any police force maintained for any police area—

          (a) that the whole or any part of the force is, whether generally or in particular respects, not efficient or not effective; or

          (b) that the whole or part of the force will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken.

          (2)   The Secretary of State shall send a copy of the report prepared under section 54 to the police authority which maintains the force in question, together with his reasons for considering that the conditions of subsection (1) are satisfied.

          (3)   The police authority on receipt of the report, shall require the chief officer to prepare a plan ('an Improvement Action Plan') for taking remedial measures in relation to anything contained in the report.

          (4)   An Improvement Action Plan shall not relate to any matters other than those in relation to which functions fall to be discharged by the chief officer of the force in question.

          (5)   Any plan produced under subsection (3) shall include—

          (a) provision for setting targets for addressing the issues raised in the report under section 54;

          (b) provision for setting time limits in achieving those targets;

          (c) provision for the making of progress reports to the police authority maintaining the force in question; and

          (d) provision for the duration of the plan.

          (6)   The chief officer shall provide a copy of the plan to the police authority within twelve weeks of the issuing of the requirement by the authority under subsection (3).

          (7)   Within twelve weeks of the end of the duration of the plan the chief officer shall report to the police authority who shall provide a copy of the report to the Secretary of State.

          (8)   Any report under subsection (7) shall include—

          (a) an assessment of the performance of the force, in whole or in part as appropriate, against the targets set in the plan; and

          (b) an assessment of the impact of the plan on the efficiency or effectiveness of the force.".'.


   

Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Simon Hughes
Norman Baker
Annette Brooke

6

Page     5,     line     35,     leave out Clause 5.


   

Mr Chris Mullin
Mr David Cameron
Bob Russell
Bridget Prentice
Angela Watkinson
David Winnick

Mrs Janet Dean

1

Page     10,     line     23     [Clause     9],     after 'Majesty', insert 'on an address presented by the House of Commons and proposed by the Secretary of State with the agreement of the Chairman of the Home Affairs Committee.'.

   

Simon Hughes
Norman Baker
Annette Brooke

67

*Page     10,     line     34     [Clause     9],     leave out paragraph (d) and insert—

      '(d) he is a person in relation to whom a designation under section (police powers for local authority employees).'


NEW CLAUSES RELATING TO PART 2 AND CHAPTER 1 OF PART 4

Police powers for local authority employees
   

Simon Hughes
Norman Baker
Annette Brooke

NC9

*To move the following Clause:—

    ( ).—(1)   The chief officer of police of any police force may designate any person who is a local authority employee as an community support officer, subject to the agreement of the local authority concerned.

    (2)   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.

    (3)   A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.

    (4)   A designation under this section shall confer powers and impose duties on the designated person by means only of provisions specifying the provisions of Part 1 of Schedule 4.

    (5)   An employee of a local authority 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.

    (6)   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 in reliance on that designation shall have the same entitlement as a constable to use reasonable force.

    (7)   Where any power exercisable by any person in reliance on his designation under this section includes power to use force to enter any premises, that power shall not be exercisable by that person except—

      (a) in the company, and under the supervision, of a constable; or

      (b) for the purpose of saving life or limb or preventing serious damage to property.

    (8)   In this section 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.'.


   

Simon Hughes
Norman Baker
Annette Brooke
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins

3

Page     15,     line     29     [Clause     12],     at end insert—

      '(d) he is a person accredited under section 41.

      (e) he is a person accredited under section 43.'.


   

Simon Hughes
Norman Baker
Annette Brooke

64

*Page     39,     line     6     [Clause     38],     after 'force', insert ', after consulting the principal local authority for that area,'.

   

Mr Secretary Blunkett

24

Page     39,     line     29     [Clause     38],     leave out from beginning to second 'the', in line 30, and insert 'Powers and duties may be conferred or imposed on a designated person by means only of the application to him by his designation of provisions of'.


   

Simon Hughes
Norman Baker
Annette Brooke

63

*Page     40,     line     14     [Clause     38],     at end insert—

    '(2A)   At the end of the first year the police authority maintaining that police force shall give its approval for the continued designation of persons under section 38.

    (2B)   If a police authority maintaining that force does not give its approval, it shall inform—

      (a) the Secretary of State; and

      (b) the chief officer of police for that area who shall withdraw all designations under section 38 and make no further designations for a period of not less than one year.'.

   

Mr Secretary Blunkett

25

Page     40,     line     37     [Clause     39],     leave out from beginning to second 'the', in line 38, and insert 'Powers and duties may be conferred or imposed on a designated person by means only of the application to him by his designation of provisions of'.


   

Simon Hughes
Norman Baker
Annette Brooke

65

*Page     41,     line     37,     leave out Clause 40.

   

Mr Secretary Blunkett

26

Page     41,     line     40     [Clause     40],     leave out from 'Scheme")' to 'police' in line 41, and insert '.

    (1A)   A community safety accreditation scheme is a scheme for the exercise in the chief officer's'.

 
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Prepared 5 Jul 2002