S.C.D.
Amendment Paper as at
Thursday 20th January 2005
STANDING COMMITTEE D
SERIOUS ORGANISED CRIME AND POLICE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [11th January].
Caroline Flint
258
Clause 120, page 85, line 11, after 'site', insert 'in England and Wales or in Northern Ireland'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
251
Clause 120, page 85, line 21, leave out from 'capacity' to end of line 23 and insert—
'(3A) The Secretary of State may not designate a site if the public has access to it or to any part of it.'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
305
Clause 120, page 85, line 21, leave out from 'capacity' to end of line 23 and insert—
'(3A) The Secretary of State may not designate a site to which the public has access.'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
306
Clause 120, page 85, line 39, leave out subsection (7).
Caroline Flint
259
Clause 121, page 86, line 20, at end insert—
'(3) A constable in uniform may, in Scotland, arrest without warrant any person he reasonably suspects is committing or has committed an offence under section (Corresponding Scottish offence).'.
Caroline Flint
260
Clause 127, page 91, line 47, leave out 'after the definition of "British Transport Police Force"' and insert 'before the definition of "the commencement date".'.
Mr David Heath
Dr Evan Harris
197
Clause 134, page 100, line 14, at end insert—
'(1A) Such a report shall include a report on matters relating to the policing of each local authority area within the police authority's area;
(1B) In this section "local authority" means—
| (a) | in relation to England— |
| (iii) | a council of a district comprised in an area for which there is no county council, |
| (iv) | a London borough council, or |
| (v) | the Common Council of the City of London; |
| (b) | in relation to Wales, the council of a county or county borough.'. |
Mr David Heath
Dr Evan Harris
198
Clause 134, page 100, line 15, leave out 'Such a report' and insert 'A report issued under subsection (1A).'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
309
Clause 135, page 102, line 21, leave out subsection (5).
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
310
Clause 135, page 102, line 30, leave out subsection (7).
Caroline Flint
269
Schedule 11, page 180, line 19, after '20B(3)', insert 'or 20E(3)'.
Caroline Flint
270
Schedule 11, page 181, line 12, at end insert—
| '(5A) | After submitting a report under this paragraph, the person appointed or designated to investigate the complaint or recordable conduct matter shall continue his investigation to such extent as he considers appropriate.'. |
Caroline Flint
271
Schedule 11, page 182, line 4, after '(b)', insert 'subject to any request made under paragraph 20G(1),'.
Caroline Flint
272
Schedule 11, page 183, line 19, leave out from 'shall' to end of line 21 and insert 'notify the appropriate authority and the person appointed under paragraph 18 or designated under paragraph 19 of its determination.'.
Caroline Flint
273
Schedule 11, page 183, line 38, after '(b)', insert 'subject to any request made under paragraph 20G(1),'.
Caroline Flint
274
Schedule 11, page 184, line 10, leave out from 'shall' to end of line 11 and insert 'notify the person appointed under paragraph 16 or 17 of its determination.'.
Caroline Flint
275
Schedule 11, page 184, line 39, leave out from beginning to end of line 5 on page 185 and insert—
| '20G | (1) | On receiving a copy of a special report under paragraph 20B(5) or 20E(5), the Director of Public Prosecutions may request the appropriate authority not to bring disciplinary proceedings without his prior agreement, if the Director considers that bringing such proceedings might prejudice any future criminal proceedings.'. |
Caroline Flint
276
Schedule 12, page 194, leave out lines 13 to 15.
Caroline Flint
277
Schedule 12, page 194, line 19, at end insert '; and
'( ) send to it (or each of them) a copy of the submission under sub-paragraph (1).'.
Caroline Flint
278
Schedule 12, page 194, leave out lines 32 to 34.
Caroline Flint
279
Schedule 12, page 194, line 37, after 'determination', insert 'and send to that authority a copy of the submission under sub-paragraph (3)'.
Caroline Flint
280
Schedule 12, page 195, line 4, leave out 'as a conduct matter' and insert 'under paragraph 11 as a conduct matter (and the other provisions of this Schedule shall apply in relation to that matter accordingly)'.
Caroline Flint
281
Schedule 12, page 195, leave out lines 5 to 12.
Caroline Flint
282
Schedule 12, page 196, line 40, leave out from beginning to end of line 38 on page 197 and insert—
| '24B | (1) | If the Commission determines under paragraph 24A(4) that the report indicates that a person serving with the police may have— |
(a) committed a criminal offence, or
(b) behaved in a manner which would justify the bringing of disciplinary proceedings,
it shall notify the appropriate authority in relation to the person whose conduct is in question of its determination and, if it appears that that authority has not already been sent a copy of the report, send a copy of the report to that authority.
| (2) | Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the Commission under sub-paragraph (1), it shall record the matter under paragraph 11 as a conduct matter (and the other provisions of this Schedule shall apply in relation to that matter accordingly).'. |
Caroline Flint
283
Schedule 12, page 197, line 39, after '24C', insert '(1)'.
Caroline Flint
284
Schedule 12, page 197, line 46, after 'desirable', insert—
| '(2) | Sub-paragraph (1) does not affect any power of the Commission to make recommendations or give advice under section 10(1)(e) in other cases (whether arising under this Schedule or otherwise).'. |
Caroline Flint
285
Schedule 12, page 197, line 47, leave out paragraph 25.
Caroline Flint
38
Clause 140, page 106, line 3, leave out 'England and Wales' and insert 'any part of the United Kingdom'.
Caroline Flint
39
Clause 140, page 108, line 25, leave out from 'person' to end of line 28 and insert—
| '(a) | if the applicant is not included in a specified children's list, of that fact; |
| (b) | if the applicant is included in such a list, of the details prescribed for the purposes of section 113C(1)(b) above; |
| (c) | if the applicant is not subject to a specified children's direction, of that fact; |
| (d) | if the applicant is subject to such a direction, of the grounds on which the direction was given and the details prescribed for the purposes of section 113C(1)(d) above.'. |
Caroline Flint
40
Clause 140, page 108, line 44, after 'statement"', insert ', "specified children's direction"'.
Caroline Flint
41
Clause 140, page 110, line 7, leave out from 'Act' to end of line 9 and insert 'of 1997 in connection with consideration by a court of whether to make a special guardianship order under section 14A of the Children Act 1989.'.
