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| | |
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42 | Page 37, leave out lines 26 and 27 |
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43 | Page 37, line 30, leave out “section 29(3)(a) or (b) or” |
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44 | Page 40, line 34, leave out “(5)” and insert “(5A)” |
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45 | Page 40, line 38, at end insert— |
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| “section (Power to merge schemes) and Schedule (Power to merge police |
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| |
46 | Page 40, leave out line 39 |
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47 | Page 40, line 42, leave out “Section 11 extends” and insert “Sections (Consultation |
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| with APA and ACPO) and 11 extend” |
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48 | Page 40, line 45, at end insert— |
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| “(5A) | Subsection (5) does not apply to the amendments made by paragraphs 12A |
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| and 31A of Schedule 15, which do not extend to Scotland.” |
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|
49 | Page 45, line 29, leave out paragraphs (b) and (c) and insert— |
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| “(b) | the Association of Police Authorities, |
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| (c) | the Association of Chief Police Officers, and” |
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50 | Page 45, line 38, leave out paragraphs (b) and (c) and insert— |
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| “(b) | the Association of Chief Police Officers, and |
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| (c) | the Association of Police Authorities.” |
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51 | Page 46, line 28, leave out paragraphs (a) and (b) and insert— |
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| “(a) | the Association of Police Authorities, and |
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| (b) | the Association of Chief Police Officers.” |
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52 | Page 46, line 37, leave out paragraphs (a) and (b) and insert— |
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| “(a) | at least one member nominated by the Association of Police |
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| |
| (b) | at least one member nominated by the Association of Chief Police |
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| |
53 | Page 53, line 30, leave out “for Justice, Community Safety and Custody” and insert |
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| |
54 | Page 58, line 13, at end insert— |
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| ““the Association of Chief Police Officers” means the Association of |
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| Chief Police Officers of England, Wales and Northern Ireland.” |
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55 | Page 59, line 29, leave out paragraphs (b) and (c) and insert— |
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| “(b) | the Association of Police Authorities, and |
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| (c) | the Association of Chief Police Officers.” |
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56 | Page 64, line 22, leave out from beginning to “(offence” in line 24 and insert “In |
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| |
57 | Page 64, line 29, leave out sub-paragraph (3) |
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| |
| | |
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58 | Page 71, line 3, leave out paragraphs 1 and 2 |
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59 | Page 72, line 40, leave out paragraphs 3 and 4 and insert— |
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| “ | In section 4 (membership of police authorities outside Greater London), |
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| in subsection (4), for “Schedules 2 and 3” there is substituted “Schedule |
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| |
| | For Schedule 2 there is substituted— |
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| |
| |
| Police authorities established under section 3 |
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| Membership of police authorities |
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| 1 (1) | The Secretary of State shall by regulations make provision in |
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| relation to the membership of police authorities established |
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| |
| (2) | Regulations under this paragraph shall provide for a police |
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| |
| (a) | persons who are members of a relevant council, and |
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| (b) | other persons, including at least one lay justice. |
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| (3) | Those regulations shall— |
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| (a) | specify the number of members falling within |
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| paragraph (a) and paragraph (b) of sub-paragraph (2), |
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| |
| (b) | secure that the majority of members of a police |
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| authority are persons falling within paragraph (a) of |
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| |
| (4) | Those regulations may make further provision as to |
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| qualification for membership, and may provide for a specified |
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| number of the members of a police authority to be persons of |
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| |
| (5) | Those regulations may include provision as to— |
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| (a) | how a member is to be appointed; |
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| (b) | disqualification for membership; |
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| (c) | the tenure of office of a member (including the |
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| circumstances in which a member ceases to hold office |
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| or may be removed or suspended from office); |
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| (d) | re-appointment as a member; |
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| (e) | the validity of acts and proceedings of a person |
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| appointed as a member in the event of his |
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| disqualification or lack of qualification; |
|
| (f) | the validity of proceedings of a police authority in the |
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| event of a vacancy in membership or of a defect in the |
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| appointment of a member or in the composition of the |
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| |
| (g) | the payment of remuneration and allowances to a |
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| member and the reimbursement of expenses. |
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|
|
| |
| | |
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| Appointment of councillor members |
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| 2 | Regulations under paragraph 1 shall provide that— |
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| (a) | in the case of a police authority in relation to which |
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| there is only one relevant council, the members falling |
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| within paragraph 1(2)(a) are to be appointed by that |
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| |
| (b) | in any other case, those members are to be appointed |
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| by a joint committee consisting of persons appointed |
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| by the relevant councils from among their own |
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| |
| Appointment of other members |
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| 3 (1) | Regulations under paragraph 1 shall provide that the |
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| members falling within paragraph 1(2)(b) are to be |
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| |
| (a) | by the existing members of the authority, |
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| (b) | from among persons on a short-list prepared by a |
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| |
| (2) | Those regulations may make provision as to qualification for |
|
| membership of a selection panel, and may provide for a |
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| specified number of the members of a panel to be persons of a |
|
| |
| (3) | Those regulations may include provision as to— |
|
| (a) | the number of members of a selection panel; |
|
| (b) | how and by whom a member of a panel is to be |
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| |
| (c) | disqualification for membership; |
|
| (d) | the tenure of office of a member of a panel (including |
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| the circumstances in which a member ceases to hold |
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| office or may be removed or suspended from office); |
|
| (e) | re-appointment as a member of a panel; |
|
| (f) | the conduct of proceedings of a panel, including any |
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| procedures that a panel is to follow; |
|
| (g) | the validity of acts and proceedings of a person |
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| appointed as a member of a panel in the event of his |
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| disqualification or lack of qualification; |
|
| (h) | the validity of proceedings of a panel in the event of a |
|
| vacancy in membership or of a defect in the |
|
| appointment of a member or in the composition of the |
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| |
| (i) | the payment of remuneration and allowances to a |
|
| member of a panel and the reimbursement of expenses. |
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| Chairman and vice chairmen |
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| 4 (1) | The Secretary of State shall by regulations provide that— |
|
| (a) | a police authority is to appoint a chairman from among |
|
| its members at each annual meeting; and |
|
| (b) | at an annual meeting a police authority may appoint |
|
| one or more vice-chairmen from among its members. |
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|
|
| |
| | |
|
| (2) | Regulations under this paragraph may make further provision |
|
| about how a chairman or vice-chairman is to be appointed, |
|
| |
| (a) | qualification and disqualification for appointment; |
|
| (b) | the tenure of office of a chairman or vice-chairman |
|
| (including the circumstances in which a chairman or |
|
| vice-chairman ceases to hold office or may be removed |
|
| or suspended from office); |
|
| (c) | eligibility for re-appointment; |
|
| (d) | the validity of acts and proceedings of a person |
|
| appointed as chairman or vice-chairman in the event of |
|
| his disqualification or lack of qualification; |
|
| (e) | the validity of proceedings of a police authority in the |
|
| event of a vacancy in the office of chairman or vice- |
|
| chairman or of a defect in the appointment of a |
|
| chairman or vice-chairman; |
|
| (f) | the payment of remuneration and allowances to a |
|
| chairman or vice-chairman and the reimbursement of |
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| |
| |
| 5 | The Secretary of State may by regulations make provision as to |
|
| the payment of remuneration and allowances to, and the |
|
| reimbursement of expenses of, members of the standards |
|
| committee of a police authority established under section 3. |
|
| |
| 6 | Before making regulations under this Schedule the Secretary |
|
| |
| (a) | the Association of Police Authorities, |
|
| (b) | persons whom he considers to represent the interests |
|
| of county and district councils in England and county |
|
| and county borough councils in Wales, |
|
| (c) | in the case of regulations that are not to apply to all |
|
| police authorities established under section 3— |
|
| (i) | any police authority to which the regulations |
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| |
| (ii) | any relevant council in relation to such an |
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| |
| |
| (d) | such other persons as he thinks fit. |
|
| |
| 7 (1) | Regulations under this Schedule may make different |
|
| provision for different police authorities. |
|
| (2) | Regulations under this Schedule may make transitional, |
|
| consequential, incidental and supplemental provision or |
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| |
|
|
| |
| | |
|
| (3) | A statutory instrument containing regulations under this |
|
| Schedule shall be subject to annulment in pursuance of a |
|
| resolution of either House of Parliament. |
|
| |
| 8 (1) | For the purposes of this Schedule a council is a “relevant |
|
| council” in relation to a police authority in England if it is the |
|
| |
| |
| (b) | a district comprised in an area for which there is no |
|
| |
| | which constitutes, or is wholly within, the authority’s police |
|
| |
| (2) | For the purposes of this Schedule a council is a “relevant |
|
| council” in relation to a police authority in Wales if it is the |
|
| council for a county or county borough which constitutes, or is |
|
| wholly within, the authority’s police area. |
|
| 9 | In this Schedule “lay justice” has the meaning given by section |
|
| 9 of the Courts Act 2003.”” |
|
60 | Page 75, line 5, leave out paragraph 5 and insert— |
|
| “ | In section 5C (membership etc of Metropolitan Police Authority), in |
|
| subsection (6), for “Schedules 2A and 3” there is substituted “Schedule |
|
| |
| | For Schedule 2A there is substituted— |
|
| |
| |
| The Metropolitan police authority |
|
| |
| 1 (1) | The Secretary of State shall by regulations make provision in |
|
| relation to the membership of the Metropolitan Police |
|
| |
| (2) | Regulations under this paragraph shall provide for the |
|
| |
| (a) | persons appointed from among the persons specified |
|
| in sub-paragraph (3), and |
|
| (b) | other persons, including at least one lay justice. |
|
| (3) | The persons referred to in sub-paragraph (2)(a) are— |
|
| (a) | the Mayor of London, and |
|
| (b) | members of the London Assembly. |
|
| (4) | Regulations under this paragraph shall— |
|
| (a) | specify the number of members falling within |
|
| paragraph (a) and paragraph (b) of sub-paragraph (2), |
|
| |
| (b) | secure that the majority of members of the Authority |
|
| are persons falling within paragraph (a) of that sub- |
|
| |
|
|
| |
| | |
|
| (5) | Those regulations may make further provision as to |
|
| qualification for membership, and may provide for a specified |
|
| number of the members of the Authority to be persons of a |
|
| |
| (6) | Those regulations may include provision as to— |
|
| (a) | how a member is to be appointed; |
|
| (b) | disqualification for membership; |
|
| (c) | the tenure of office of a member (including the |
|
| circumstances in which a member ceases to hold office |
|
| or may be removed or suspended from office); |
|
| (d) | re-appointment as a member; |
|
| (e) | the validity of acts and proceedings of a person |
|
| appointed as a member in the event of his |
|
| disqualification or lack of qualification; |
|
| (f) | the validity of proceedings of the Authority in the |
|
| event of a vacancy in membership or of a defect in the |
|
| appointment of a member or in the composition of the |
|
| |
| (g) | the payment of remuneration and allowances to a |
|
| member and the reimbursement of expenses. |
|
| Appointment of members from London Assembly etc |
|
| 2 | Regulations under paragraph 1 shall provide that the |
|
| members falling within paragraph 1(2)(a) are to be appointed |
|
| |
| Appointment of other members |
|
| 3 (1) | Regulations under paragraph 1 shall provide that— |
|
| (a) | one of the members falling within paragraph 1(2)(b) is |
|
| to be appointed by the Secretary of State, and |
|
| (b) | the other members are to be appointed by the existing |
|
| members of the Metropolitan Police Authority from |
|
| among persons on a short-list prepared by a selection |
|
| |
| (2) | Those regulations may make provision as to qualification for |
|
| membership of a selection panel, and may provide for a |
|
| specified number of the members of a panel to be persons of a |
|
| |
| (3) | Those regulations may include provision as to— |
|
| (a) | the number of members of a selection panel; |
|
| (b) | how and by whom a member of a panel is to be |
|
| |
| (c) | disqualification for membership; |
|
| (d) | the tenure of office of a member of a panel (including |
|
| the circumstances in which a member ceases to hold |
|
| office or may be removed or suspended from office); |
|
| (e) | re-appointment as a member of a panel; |
|
| (f) | the conduct of proceedings of a panel, including any |
|
| procedures that a panel is to follow; |
|
|
|
| |
| | |
|
| (g) | the validity of acts and proceedings of a person |
|
| appointed as a member of a panel in the event of his |
|
| disqualification or lack of qualification; |
|
| (h) | the validity of proceedings of a panel in the event of a |
|
| vacancy in membership or of a defect in the |
|
| appointment of a member or in the composition of the |
|
| |
| (i) | the payment of remuneration and allowances to a |
|
| member of a panel and the reimbursement of expenses. |
|
| Chairman and vice chairmen |
|
| 4 (1) | The Secretary of State shall by regulations provide that— |
|
| (a) | if the Mayor of London is a member of the |
|
| Metropolitan Police Authority, he is to be the |
|
| |
| (b) | if not, the Mayor of London is to appoint a chairman |
|
| from among the members of the Authority. |
|
| (2) | The Secretary of State shall by regulations provide that the |
|
| Mayor of London may appoint one or more vice-chairmen |
|
| from among the members of the Authority. |
|
| (3) | Regulations under this paragraph may make further provision |
|
| about how a chairman or vice-chairman is to be appointed, |
|
| |
| (a) | qualification and disqualification for appointment; |
|
| (b) | the tenure of office of a chairman or vice-chairman |
|
| (including the circumstances in which a chairman or |
|
| vice-chairman ceases to hold office or may be removed |
|
| or suspended from office); |
|
| (c) | eligibility for re-appointment; |
|
| (d) | the validity of acts and proceedings of a person |
|
| appointed as chairman or vice-chairman in the event of |
|
| his disqualification or lack of qualification; |
|
| (e) | the validity of proceedings of the Authority in the |
|
| event of a vacancy in the office of chairman or vice- |
|
| chairman or of a defect in the appointment of a |
|
| chairman or vice-chairman; |
|
| (f) | the payment of remuneration and allowances to a |
|
| chairman or vice-chairman and the reimbursement of |
|
| |
| |
| 5 | The Secretary of State may by regulations make provision as to |
|
| the payment of remuneration and allowances to, and the |
|
| reimbursement of expenses of, members of the Metropolitan |
|
| Police Authority’s standards committee. |
|
| |
| 6 | Before making any regulations under this Schedule, the |
|
| Secretary of State shall consult— |
|
| (a) | the Metropolitan Police Authority, |
|
|