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Hazel Blears
91
*Schedule 12, page 122, line 34, at end insert—
| ' | | In section 38 of the Prison Act (Northern Ireland) 1953 (c. 18) (arrest etc of persons unlawfully at large), for subsection (3) there is substituted— |
"(3) The provisions of the last foregoing sub-section shall not apply—
| (a) | to any period during which any such person is detained in pursuance of any other sentence of any court in the United Kingdom in a prison or other institution, or |
| (b) | to any period which under section 151A of the Extradition Act 2003 counts as time served as part of a sentence, |
but shall apply in addition to any other provisions of this Act imposing any punishment for an escape."'.
NEW CLAUSE RELATING TO PART 5
Penal custody for children
Lynne Featherstone
Martin Horwood
NC2
To move the following Clause:—
'(1) No child shall be detained in a young offender institution or a secure training centre.
(2) "child" means a person under the age of eighteen.'.
Hazel Blears
92
*Clause 40, page 33, line 31, after 'instrument' insert 'containing an order or regulations'.
Hazel Blears
93
*Clause 42, page 34, line 35, at end insert 'or any Act of the Scottish Parliament'.
Hazel Blears
94
*Schedule 13, page 123, line 25, at end insert—
| | (1) | In Schedule 1 to the Superannuation Act 1972 (employments etc to which section 1 can apply), at the appropriate place in the list of "Offices" there is inserted— |
"The office of inspector or assistant inspector of constabulary, where held by a person to whom paragraphs (a) and (b) of section 11(7) of the Police Pensions Act 1976 apply (inspectors etc not eligible for police pensions)."
| (2) | The amendment made by sub-paragraph (1) shall be deemed always to have had effect. |
| | (1) | In section 11 of the Police Pensions Act 1976 (interpretation), after subsection (6) there is inserted— |
"(7) References in this Act to an inspector or assistant inspector of constabulary, and to service as such, do not have effect in relation to cases in which the person in question—
| (a) | was appointed on or after 1st January 1999, and |
| (b) | did not serve as a member of a police force at any time before his appointment took effect." |
| (2) | The amendment made by sub-paragraph (1) shall be deemed always to have had effect.'. |
Hazel Blears
95
*Schedule 13, page 128, line 31, leave out 'section 21A' and insert 'section (Local authority scrutiny of crime and disorder matters) of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters)'.
Hazel Blears
96
*Schedule 13, page 128, line 32, leave out from 'after' to end and insert '"Schedule 1" there is inserted "and to section (Guidance and regulations regarding crime and disorder matters)(6) of the Police and Justice Act 2006"'.
Hazel Blears
3
Schedule 14, page 136, line 3, after 'paragraphs' insert '77(5),'.
Lynne Featherstone
Martin Horwood
12
Schedule 14, page 137, line 18, at the begininning insert—
| 'Crime and Disorder Act 1998 (c. 37) | Sections 1(10D), 1(10E) and 1C (9C)'. |
Hazel Blears
97
*Schedule 14, page 139, line 8, at end insert—
| 'Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) | In Schedule 6, paragraph 144.'. |
Hazel Blears
98
*Schedule 14, page 139, line 18, at end insert—
| 'Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I.1988/1847 (N.I.17)) | In Schedule 2, paragraph 1(2).'. |
Hazel Blears
99
*Schedule 14, page 139, line 19, leave out 'paragraph 37(4)' and insert 'paragraphs 37(4) and 38(3) and (4)'.
Hazel Blears
100
*Schedule 14, page 139, line 30, after 'paragraph 10(2)(b)' insert 'and (c)'.
Hazel Blears
101
*Schedule 14, page 139, line 31, at end insert—
| 'Justice (Northern Ireland) Act 2002 (c. 26) | In Schedule 4, paragraph 3(2)(a).'. |
Hazel Blears
102
*Clause 44, page 35, line 5, leave out '(7)' and insert '(7B)'.
Hazel Blears
103
*Clause 44, page 36, line 4, leave out lines 4 and 5 and insert—
| '(a) | sections (Local authority scrutiny of crime and disorder matters) and (Guidance and regulations regarding crime and disorder matters) and Schedule (Further provision about crime and disorder committees of certain local authorities); |
| (b) | paragraph 27 of Schedule 13 (and section 43 so far as relating to that paragraph);'. |
Hazel Blears
104
*Clause 44, page 36, line 16, at end insert—
'(7A) The following provisions—
| (a) | so far as relating to the granting of injunctions on the application of a relevant Welsh landlord— |
| (ii) | paragraph 24 of Schedule 13, |
| (iii) | in Part 3 of Schedule 14, the repeal of section 13(4)(b) of the Anti-social Behaviour Act 2003 (c.38), and |
| (iv) | section 43 so far as relating to that paragraph and that repeal, |
| (b) | so far as relating to any tenancy where the landlord is a relevant Welsh landlord— |
| (i) | paragraphs 7, 8 and 22 of Schedule 13, and |
| (ii) | section 43 so far as relating to those paragraphs, and |
| (c) | so far as relating to a relevant Welsh landlord— |
| (i) | paragraph 25 of Schedule 13, and |
| (ii) | section 43 so far as relating to that paragraph, |
come into force in accordance with provision made by order by the National Assembly for Wales.
(7B) For the purposes of subsection (7A), each of the following is a "relevant Welsh landlord"—
| (a) | a Welsh county council or county borough council; |
| (b) | a registered social landlord on the register maintained by the National Assembly for Wales; |
| (c) | a housing action trust for an area in Wales.'. |
Hazel Blears
105
*Clause 45, page 36, line 22, leave out first 'and' and insert 'to'.
Hazel Blears
106
*Clause 45, page 36, line 30, at end insert—
'( ) Section (Forfeiture of indecent photographs of children: Northern Ireland) and Schedule (Schedule to be inserted into the Protection of Children (Northern Ireland) Order 1978) extend to Northern Ireland only.'.
REMAINING NEW CLAUSES
Local authority scrutiny of crime and disorder matters
Hazel Blears
NC8
*To move the following Clause:—
'(1) Every local authority shall ensure that it has a committee (the "crime and disorder committee") with power—
| (a) | to review or scrutinise decisions made, or other action taken, in connection with the discharge by the responsible authorities of their crime and disorder functions; |
| (b) | to make reports or recommendations to the local authority with respect to the discharge of those functions. |
"The responsible authorities" means the bodies and persons who are responsible authorities within the meaning given by section 5 of the Crime and Disorder Act 1998 (c.37) (authorities responsible for crime and disorder strategies) in relation to the local authority's area.
(2) Where by virtue of subsection (1)(b) the crime and disorder committee makes a report or recommendations it shall provide a copy—
| (a) | to each of the responsible authorities, and |
| (b) | to each of the persons with whom, and bodies with which, the responsible authorities have a duty to co-operate under section 5(2) of the Crime and Disorder Act 1998 (c.37) ("the co-operating persons and bodies"). |
(3) Where a member of a local authority ("the councillor") is asked to consider a local crime and disorder matter by a person who lives or works in the area that the councillor represents—
| (a) | the councillor shall consider the matter and respond to the person who asked him to consider it, indicating what (if any) action he proposes to take; |
| (b) | the councillor may refer the matter to the crime and disorder committee. |
In this subsection and subsections (4) to (6) "local authority" does not include the county council for an area for which there are district councils.
(4) Where a member of a local authority operating executive arrangements declines to refer a matter to the crime and disorder committee under subsection (3)(b), the person who asked him to consider it may refer the matter to the executive of that authority.
(5) Where a matter is referred under subsection (4) to the executive of a local authority—
| (a) | the executive shall consider the matter and respond to the person who referred the matter to it, indicating what (if any) action it proposes to take; |
| (b) | the executive may refer the matter to the crime and disorder committee. |
(6) The crime and disorder committee shall consider any local crime and disorder matter—
| (a) | referred to it by a member of the local authority in question (whether under subsection (3)(b) or not), or |
| (b) | referred to it under subsection (5), |
and may make a report or recommendations to the local authority with respect to it.
(7) Where the crime and disorder committee makes a report or recommendations under subsection (6) it shall provide a copy to such of the responsible authorities and to such of the co-operating persons and bodies as it thinks appropriate.
(8) An authority, person or body to which a copy of a report or recommendations is provided under subsection (2) or (7) shall—
| (a) | consider the report or recommendations; |
| (b) | respond to the crime and disorder committee indicating what (if any) action it proposes to take; |
| (c) | have regard to the report or recommendations in exercising its functions. |
(9) In the case of a local authority operating executive arrangements—
| (a) | the crime and disorder committee is to be an overview and scrutiny committee of the authority (within the meaning of Part 2 of the Local Government Act 2000 (c. 22)); |
| (b) | a reference in subsection (1)(b) or (6) to making a report or recommendations to the local authority is to be read as a reference to making a report or recommendations to the local authority or the executive. |
(10) Schedule (Further provision about crime and disorder committees of certain local authorities) (which makes further provision, corresponding to that made by section 21 of the Local Government Act 2000, about the crime and disorder committees of local authorities not operating executive arrangements) has effect.
(11) In this section—
"crime and disorder functions" means functions conferred by or under section 6 of the Crime and Disorder Act 1998 (c. 37) (formulation and implementation of crime and disorder strategies);
"executive arrangements" means executive arrangements under Part 2 of the Local Government Act 2000 (c. 22);
| (a) | in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; |
| (b) | in relation to Wales, a county council or a county borough council; |
"local crime and disorder matter", in relation to a member of a local authority, means a matter concerning—
| (c) | crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment) in the area represented by the member, or |
| (d) | the misuse of drugs, alcohol and other substances in that area.'. |
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