S.C.D.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 14th March 2006
New Amendments handed in are marked thus *
STANDING COMMITTEE D
POLICE AND JUSTICE BILL
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by
Hazel Blears.
Hazel Blears
To move That the Bill be considered in the following order, namely: Clause 1; Schedule 1; Clause 2; Schedule 2; Clauses 3 to 6; Schedule 3; new Clauses relating to Part 1; new Schedules relating to Part 1; Clause 7; Schedule 4; Clauses 8 to 10; Schedule 5; Clauses 11 to 13; new Clauses relating to Part 2; new Schedules relating to Part 2; Clause 14; Schedule 6; Clauses 15 to 20; Schedule 7; new Clauses relating to Part 3; new Schedules relating to Part 3; Clauses 21 to 28; Schedule 8; Clauses 29 and 30; Schedule 9; Clause 31; Schedule 10; Clause 32; new Clauses relating to Part 4; new Schedules relating to Part 4; Clauses 33 to 37; Schedule 11; Clauses 38 and 39; Schedule 12; new Clauses relating to Part 5; new Schedules relating to Part 5; Clauses 40 to 43; Schedules 13 and 14; Clauses 44 to 46; remaining new Clauses; remaining new Schedules; remaining proceedings on the Bill.
Nick Herbert
61
*Clause 1, page 1, line 9, at end insert—
| '(c) | the Police Standards Unit.'. |
Nick Herbert
62
*Clause 1, page 1, line 9, at end insert—
'(2A) 15 per cent of the Agency's funding shall be provided by police authorities.'.
Lynne Featherstone
Martin Horwood
49
Schedule 1, page 37, line 24, at end insert 'and
| (iv) | monitoring and reporting continuous improvement in the exercise of functions, having regard to a combination of economy, efficiency and effectiveness;'. |
James Brokenshire
83
*Schedule 1, page 40, line 11, leave out subparagraph (3).
James Brokenshire
84
*Schedule 1, page 40, leave out line 33 and insert—
'(d) persons whom the Agency considers to represent the interests of police officers of police forces in England and Wales.'.
Nick Herbert
63
*Schedule 1, page 41, line 43, at end insert—
| '(4A) | The Secretary of State must exercise his power under sub-paragraph (1)(c) to ensure that at all times a majority of the members are non-executive.'. |
Nick Herbert
64
*Schedule 1, page 43, line 2, leave out paragraph 13 and insert—
| '13 | (1) | The chairman and members of the Agency shall appoint the chief executive. |
| (2) | Before doing so, they shall consult the Secretary of State. |
| (3) | The chief executive of the Agency shall be a member of its staff.'. |
Hazel Blears
1
Schedule 1, page 44, line 11, at end insert—
| '(4) | The person shall, as holder of the office of constable, be under the direction and control of the chief executive of the Agency. |
| (5) | Sub-paragraph (4) does not apply to the chief executive of the Agency. |
| 17A | (1) | In relation to the terms and conditions of the contracts of employment of employed constables, the Agency shall comply with rules or principles contained in any document issued to it for the purpose by the Secretary of State. |
| (2) | Rules or principles under sub-paragraph (1) may (in particular)— |
(a) require the adoption of specified scales or ranges of pay or allowances;
(b) require a specified class of employed constable to be treated for specified purposes in the same way as a specified class of employee (whether of the Agency or not) or office-holder;
(c) require the approval of the Secretary of State for changes in the policy or practice of the Agency;
(d) require compliance with future rules or principles, including future rules or principles specified by a person other than the Secretary of State;
(e) make different provision for different purposes.
| (3) | In this paragraph "employed constable" means a member of the Agency's staff who is— |
(b) an employee of the Agency.
| 17B | (1) | The Secretary of State may by regulations make provision as to the government, administration and conditions of service of employed or seconded constables. |
| (2) | Regulations under sub-paragraph (1) may (in particular) make provision with respect to any of the following— |
(a) ranks to be held by employed or seconded constables,
(b) qualifications for promotion of employed or seconded constables,
(c) voluntary retirement of a seconded constable from membership of the Agency's staff and from membership of the body of constables from which he was seconded to the Agency,
(d) the conduct, efficiency and effectiveness of employed or seconded constables and the maintenance of discipline amongst them,
(e) suspension of employed or seconded constables from the office of constable,
(f) suspension of seconded constables from membership of the Agency's staff,
(g) maintenance of personal records of employed or seconded constables,
(h) duties which are or are not to be performed by employed or seconded constables,
(i) powers which may be, or are not to be, exercised by employed or seconded constables,
(j) treating attendance by seconded constables—
| (i) | at meetings of the Police Federation for England and Wales, or |
| (ii) | at meetings of any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 (c.16) (bodies representing members of police forces who are not members of the Police Federation), |
as occasions when they are performing duties as members of the staff of the Agency,
(k) the hours of duty of seconded constables, their leave and, subject to paragraph 14, their pay and allowances,
(l) the issue to seconded constables, and the use and return by seconded constables, of Agency clothing, personal equipment and accoutrements, and
(m) the disapplication, in relation to a seconded constable who is seconded to the Agency from a body of constables that is not a police force within the meaning given by section 101 of the Police Act 1996 (c.16) (police forces for police areas in England and Wales), of provisions—
| (i) | made by or under an Act, and |
| (ii) | relating to the government, administration and conditions of service of that body of constables. |
| (3) | Regulations under sub-paragraph (1) as to the conduct of employed or seconded constables, or as to the maintenance of discipline amongst them, may— |
(a) authorise or require provision to be made, or confer discretionary powers on, the Agency, the Agency's chief executive or other persons, or
(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
| (4) | Regulations under sub-paragraph (1) for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this sub-paragraph shall be read as authorising pay or allowances payable to any person to be reduced retrospectively. |
"employed constable" has the same meaning as in paragraph 17A;
"seconded constable" has the same meaning as in paragraph 18.'.
Nick Herbert
65
*Schedule 1, page 48, line 1, at end insert—
| 30(A) | | 15 per cent of the Agency's funding shall be provided by police authorities'. |
Lynne Featherstone
Martin Horwood
47
Schedule 1, page 51, line 30, leave out 'objects,'.
Lynne Featherstone
Martin Horwood
48
Schedule 1, page 51, line 34, leave out sub-sub paragraph (i).
Hazel Blears
2
Schedule 1, page 55, line 4, at end insert—
| '62A | | In section 59 (Police Federations), after subsection (7) there is inserted— |
"(7A) For the purposes of subsection (1), a member of the staff of the National Policing Improvement Agency who is—
| (b) | an employee of the Agency, |
shall be treated as a member of a police force in England and Wales, and references in this section to police service shall be construed accordingly."
| 62B | | In section 61(1) (Police Negotiating Board), before paragraph (c) there is inserted— |
| "(bb) | the members of the staff of the National Policing Improvement Agency who are constables,". |
| 62C | (1) | Section 62 (functions of the Police Negotiating Board) is amended as follows. |
| (2) | In subsection (1) (duty to consult Board before making regulations about certain matters), after paragraph (c) there is inserted "or |
| (d) | regulations under paragraph 17B of Schedule 1 to the Police and Justice Act 2006 (regulations as to constables who are members of the staff of the National Policing Improvement Agency),". |
| (3) | Before subsection (2) there is inserted— |
"(1D) Before issuing a document under paragraph 17A of Schedule 1 to the Police and Justice Act 2006 (rules and principles for contents of contracts of employment of constables employed as members of the staff of the National Policing Improvement Agency), the Secretary of State shall—
| (a) | consult the Police Negotiating Board for the United Kingdom about any provision in the document which relates to any of the matters mentioned in section 61(1) (other than pensions), and |
| (b) | take into consideration any recommendation made by the Board. |
(1E) Before determining the terms and conditions on which a constable is to be appointed to the staff of the National Policing Improvement Agency as an employee of the Agency, the Secretary of State (where the constable is to be appointed as the chief executive of the Agency) or the Agency (in any other case) shall—
| (a) | consult the Police Negotiating Board for the United Kingdom about any term or condition which relates to any of the matters mentioned in section 61(1) (other than pensions), and |
| (b) | take into consideration any recommendation made by the Board." |
| (4) | In subsection (2) (arrangements under section 61(3) apply in relation to recommendations under section 62), for "subsection (1) or (1A)" there is substituted "subsection (1), (1A), (1D) or (1E)". |
| 62D | (1) | Section 63 (Police Advisory Boards) is amended as follows. |
| (2) | Before subsection (2) there is inserted— |
"(1C) The Police Advisory Board for England and Wales shall also advise the Secretary of State on general questions affecting members of the staff of the National Policing Improvement Agency who are constables."
| (3) | In subsection (3) (Board to be consulted on certain regulations), after paragraph (b) there is inserted "or |
| (c) | regulations under paragraph 17B of Schedule 1 to the Police and Justice Act 2006 (regulations as to constables who are members of the staff of the National Policing Improvement Agency), other than regulations with respect to any of the matters mentioned in section 61(1),". |
| 62E | | In section 64 (membership of trade unions), before subsection (5) there is inserted— |
