rs1581005.525-531

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 10th May 2006
525

Police and Justice Bill, continued

Secretary John Reid

Agreed to  120

Page  63,  line  2  [Schedule  1],  leave out ‘In section 29(3)(c) of the Police Reform

Act 2002’ and insert—


‘The Police Reform Act 2002 is amended as follows.


In section 9(3) (persons ineligible for membership of the Independent Police

Complaints Commission), after paragraph (da) there is inserted—

“(db)
he is or has been—

(i)
the chairman or chief executive of, or

(ii)
another member of, or

(iii)
another member of the staff of,


the National Policing Improvement Agency;”.

76A(1)
Section 10 (general functions of the Independent Police Complaints

Commission) is amended as follows.

      (2)
In subsection (1) (general functions), after paragraph (g) there is inserted “; and

(h)
to carry out functions in relation to the National Policing

Improvement Agency which correspond to those conferred on

the Commission in relation to police forces by paragraph (e)

of this subsection.”

      (3)
In subsection (3) (functions conferred by other provisions), after paragraph

(ba) there is inserted—

“(bb)
any agreement under section 26B of this Act (National

Policing Improvement Agency);”.

      (4)
In subsection (7)(c) (Commission may impose charges for making

recommendations, and giving advice, for purposes of subsection (1)(g)), after

“subsection (1)(g)” there is inserted “or (h)”.

76B(1)
Section 11 (reports) is amended as follows.

      (2)
In subsection (6) (persons to whom Independent Police Complaints

Commission must send copies of its annual reports), after paragraph (d) there

is inserted “; and

(e)
to the National Policing Improvement Agency.”

      (3)
After subsection (9) there is inserted—

“(9A)
Where a report under subsection (3) relates to the National Policing

Improvement Agency, the Commission shall send a copy of that report

to the Agency.”

      (4)
In subsection (10) (persons to whom reports under subsection (4) must be

sent), after paragraph (g) there is inserted “; and

(h)
the National Policing Improvement Agency.”

76C(1)
Section 15 (general duties of police authorities etc in relation to Part 2 of the

Act) is amended as follows.

      (2)
After subsection (1A) there is inserted—

“(1B)
It shall be the duty of the National Policing Improvement Agency to

ensure that it is kept informed, in relation to the Agency, about all

matters falling within subsection (2).”

      (3)
For the second sentence of subsection (8) (meaning of “third force” in

subsection (8)) there is substituted—

“(8A)
Where the person who requires assistance and co-operation under

subsection (5) is a member of the staff of the National Policing

Improvement Agency—

(a)
the chief officer of a third force, or

Report Stage Proceedings: 10th May 2006
526

Police and Justice Bill, continued

(b)
the police authority maintaining a third force,


may be required to give that assistance and co-operation only with the

approval of the chief executive of the National Policing Improvement

Agency.

(8B)
In subsections (8) and (8A) “third force”, in relation to an

investigation, means any police force other than the force to which the

person whose conduct is under investigation belonged at the time of

the conduct.”

      (4)
In subsection (9) (approval that is needed before Director General of Serious

Organised Crime Agency can be required to give assistance etc under

subsection (5)), for the words after paragraph (b) there is substituted—


“the Agency may be required to give assistance and co-operation

under subsection (5) only with the approval of the relevant directing

officer.”

      (5)
After subsection (9) there is inserted—

“(10)
In subsection (9) “the relevant directing officer”—

(a)
in a case where the person who requires assistance and co-

operation belongs to a police force, means the chief officer of

that force; and

(b)
in a case where the person who requires assistance and co-

operation is a member of the staff of the National Policing

Improvement Agency, means the chief executive of that

Agency.”

76D
After section 16 there is inserted—

“16A
Investigations: National Policing Improvement Agency involvement

(1)
Where a police authority or chief officer requires the NPIA and its

chief executive to provide a member of the NPIA’s staff who is a

constable for appointment under paragraph 16, 17 or 18 of Schedule 3,

it shall be the duty of the NPIA and its chief executive to comply with

the requirement.

(2)
It shall be the duty of the NPIA and its chief executive to ensure that a

person appointed under paragraph 16, 17 or 18 of Schedule 3 to carry

out an investigation is given all such assistance and co-operation in the

carrying-out of that investigation as that person may reasonably

require.

(3)
It shall be the duty of the NPIA and its chief executive to provide the

Commission and every member of the Commission’s staff with all

such assistance as the Commission or that member of staff may

reasonably require for the purposes of, or in connection with, the

carrying-out of any investigation by the Commission under this Part.

(4)
Where the person who requires assistance and co-operation under

subsection (2) is a person serving with the police, the NPIA and its

chief executive may be required to give that assistance and co-

operation only with the approval of the chief officer of the force to

which that person belongs.

(5)
Where the person who requires assistance and co-operation under

subsection (2) is a member of the staff of the Serious Organised Crime

Agency, the NPIA and its chief executive may be required to give that

Report Stage Proceedings: 10th May 2006
527

Police and Justice Bill, continued

assistance and co-operation only with the approval of the Director

General of the Serious Organised Crime Agency.

(6)
Subsection (7) applies where the NPIA and its chief executive comply

with a requirement under subsection (1) or (2) that is made in

connection with—

(a)
an investigation relating to the conduct of a person who, at the

time of the conduct, was a member of a police force; or

(b)
an investigation of a DSI matter in relation to which the

relevant officer was, at the time of the death or serious injury,

a member of a police force.

(7)
The police authority maintaining the police force mentioned in

subsection (6)(a) or (b) shall pay to the NPIA such contribution (if

any) towards the costs of compliance with the requirement—

(a)
as may be agreed between them; or

(b)
in the absence of an agreement, as may be determined in

accordance with any arrangements which—

(i)
have been agreed to by police authorities generally

and by the NPIA, and

(ii)
are for the time being in force with respect to the

making of contributions towards the costs of

compliance by the NPIA and its chief executive with

requirements of the kind mentioned in subsection (6);

or

(c)
in the absence of any such arrangements, as may be

determined by the Secretary of State.

(8)
Where the NPIA and its chief executive comply with a requirement

under subsection (3), the Commission shall pay to the NPIA such

contribution (if any) towards the costs of compliance with the

requirement—

(a)
as may be agreed between the Commission and the NPIA; or

(b)
in the absence of an agreement, as may be determined in

accordance with any arrangements which—

(i)
have been agreed to by the Agency and by the

Commission, and

(ii)
are for the time being in force with respect to the

making of contributions towards the costs of

compliance by the NPIA and its chief executive with

requirements under subsection (3); or

(c)
in the absence of any such arrangements, as may be

determined by the Secretary of State.

(9)
In this section “the NPIA” means the National Policing Improvement

Agency.”

76E
In section 17 (provision of information to the Independent Police Complaints

Commission), after subsection (5) there is inserted—

“(6)
In this section—

“chief officer” includes the chief executive of the National Policing

Improvement Agency;

“police authority” includes the National Policing Improvement Agency.”

76F
After section 26A insert—

Report Stage Proceedings: 10th May 2006
528

Police and Justice Bill, continued

“26B
National Policing Improvement Agency

(1)
The Commission and the National Policing Improvement Agency

must enter into an agreement for the establishment in relation to

members of the Agency’s staff of procedures corresponding or similar

to those provided for by or under this Part.

(2)
An agreement under this section—

(a)
must not be made or varied except with the approval of the

Secretary of State; and

(b)
must not be terminated unless—

(i)
it is replaced by another such agreement, and

(ii)
the Secretary of State approves.

(3)
An agreement under this section may contain provision for enabling

the Commission to bring and conduct, or otherwise participate or

intervene in, any proceedings which are identified by the agreement as

disciplinary hearings in relation to members of the Agency’s staff.

(4)
An agreement under this section must not confer any function on the

Commission in relation to so much of any complaint or conduct matter

as relates to the direction and control of the Agency by the Agency’s

chief executive or by other members of the Agency.

(5)
Procedures established in accordance with an agreement under this

section shall have no effect in relation to anything done outside

England and Wales by any member of the Agency’s staff.”

76G
In section 29(3)(c)’.

Secretary John Reid

Agreed to  121

Page  63,  line  4  [Schedule  1],  at end insert—

‘76H (1)
Schedule 3 (handling of complaints and conduct matters etc.) is amended as

follows.

      (2)
In paragraph 16(3) (investigations by the appropriate authority on its own

behalf: appointment of person to conduct investigation), after paragraph (b)

there is inserted “or

(c)
a member of the staff of the National Policing

Improvement Agency who is a constable,”.

      (3)
In paragraph 17(2) (investigations supervised by the Independent Police

Complaints Commission: appointment of person to conduct investigation),

after paragraph (b) there is inserted “or

(c)
a member of the staff of the National Policing

Improvement Agency who is a constable,”.

      (4)
In paragraph 17(4) (power of Commission to require different person to be

selected to conduct investigation), for “or (b)” there is substituted “, (b) or

(c)”.’.

Secretary John Reid

Agreed to  54

Page  66,  line  22  [Schedule  2],  at end insert—

Report Stage Proceedings: 10th May 2006
529

Police and Justice Bill, continued

‘( )
the conduct of proceedings of a panel, including any procedures that a

panel is to follow,’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  2

Page  66,  line  32  [Schedule  2],  leave out ‘appointment’ and insert ‘election’.

Secretary John Reid

Agreed to  55

Page  66,  line  32  [Schedule  2],  leave out ‘vice-chairman’ and insert ‘one or more

vice-chairmen’.

Secretary John Reid

Agreed to  56

Page  66,  line  35  [Schedule  2],  leave out ‘the chairman and vice-chairman are’ and

insert ‘a chairman or vice-chairman is’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  3

Page  66,  line  36  [Schedule  2],  leave out ‘appointed’ and insert ‘elected’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  4

Page  66,  line  37  [Schedule  2],  leave out ‘appointment’ and insert ‘election’.

Secretary John Reid

Agreed to  57

Page  66,  line  38  [Schedule  2],  leave out ‘the chairman and’ and insert ‘a chairman

or’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  5

Page  66,  line  42  [Schedule  2],  leave out ‘re-appointment’ and insert ‘re-election’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  6

Page  66,  line  43  [Schedule  2],  leave out ‘appointed’ and insert ‘elected’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  7

Page  66,  line  48  [Schedule  2],  leave out ‘appointment’ and insert ‘election’.

Report Stage Proceedings: 10th May 2006
530

Police and Justice Bill, continued

Secretary John Reid

Agreed to  58

Page  66,  line  48  [Schedule  2],  leave out second ‘the’ and insert ‘a’.

Secretary John Reid

Agreed to  59

Page  68,  line  36  [Schedule  2],  at end insert—

‘( )
the conduct of proceedings of the panel, including any procedures that

the panel is to follow,’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  8

Page  68,  line  46  [Schedule  2],  leave out ‘appointment’ and insert ‘election’.

Secretary John Reid

Agreed to  60

Page  68,  line  46  [Schedule  2],  leave out ‘vice-chairman’ and insert ‘one or more

vice-chairmen’.

Secretary John Reid

Agreed to  61

Page  69,  line  1  [Schedule  2],  leave out ‘the chairman and vice-chairman are’ and

insert ‘a chairman or vice-chairman is’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  9

Page  69,  line  2  [Schedule  2],  leave out ‘appointed’ and insert ‘elected’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  10

Page  69,  line  3  [Schedule  2],  leave out ‘appointment’ and insert ‘election’.

Secretary John Reid

Agreed to  62

Page  69,  line  4  [Schedule  2],  leave out ‘the chairman and’ and insert ‘a chairman

or’.

Report Stage Proceedings: 10th May 2006
531

Police and Justice Bill, continued

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  11

Page  69,  line  8  [Schedule  2],  leave out ‘re-appointment’ and insert ‘re-election’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  12

Page  69,  line  9  [Schedule  2],  leave out ‘appointed’ and insert ‘elected’.

Lynne Featherstone

Martin Horwood

Mr David Heath

Not called  13

Page  69,  line  14  [Schedule  2],  leave out ‘appointment’ and insert ‘election’.

Secretary John Reid

Agreed to  63

Page  69,  line  14  [Schedule  2],  leave out second ‘the’ and insert ‘a’.

Secretary John Reid

Agreed to  64

Page  72,  line  30  [Schedule  2],  at end insert—

‘Appointment of deputy chief constables etc

15A(5)
Section 11A (appointment and removal of deputy chief constables) is amended

as follows.

      (6)
In subsection (1) (police forces to have a deputy chief constable), for “a deputy

chief constable” there is substituted “one or more deputy chief constables”.

      (7)
For subsection (2) there is substituted—

“(2)
The appointment of a person to be a deputy chief constable of a police

force shall be made, in accordance with regulations under section 50,

by the police authority responsible for maintaining that force.

(2A)
Where the police authority responsible for maintaining a police

force—

(a)
proposes to increase the number of deputy chief constables

that the force has, or

(b)
proposes to appoint a particular person to be a deputy chief

constable,


it may do so only after consultation with the chief constable and

subject to the approval of the Secretary of State.”

15B(1)
Section 12A (power of deputy to exercise functions of chief constable) is

amended as follows.

      (2)
In subsection (1), for “A deputy chief constable” there is substituted “The

appropriate deputy chief constable”.

      (3)
After that subsection there is inserted—