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Session 2005 - 06
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29

 

Clause 47

42

Page 37, leave out lines 26 and 27

43

Page 37, line 30, leave out “section 29(3)(a) or (b) or”

Clause 52

44

Page 40, line 34, leave out “(5)” and insert “(5A)”

45

Page 40, line 38, at end insert—

 

“section (Power to merge schemes) and Schedule (Power to merge police

 

pension schemes);”

46

Page 40, leave out line 39

47

Page 40, line 42, leave out “Section 11 extends” and insert “Sections (Consultation

 

with APA and ACPO) and 11 extend”

48

Page 40, line 45, at end insert—

 

“(5A)    

Subsection (5) does not apply to the amendments made by paragraphs 12A

 

and 31A of Schedule 15, which do not extend to Scotland.”

Schedule 1

49

Page 45, line 29, leave out paragraphs (b) and (c) and insert—

 

“(b)    

the Association of Police Authorities,

 

(c)    

the Association of Chief Police Officers, and”

50

Page 45, line 38, leave out paragraphs (b) and (c) and insert—

 

“(b)    

the Association of Chief Police Officers, and

 

(c)    

the Association of Police Authorities.”

51

Page 46, line 28, leave out paragraphs (a) and (b) and insert—

 

“(a)    

the Association of Police Authorities, and

 

(b)    

the Association of Chief Police Officers.”

52

Page 46, line 37, leave out paragraphs (a) and (b) and insert—

 

“(a)    

at least one member nominated by the Association of Police

 

Authorities,

 

(b)    

at least one member nominated by the Association of Chief Police

 

Officers, and”

53

Page 53, line 30, leave out “for Justice, Community Safety and Custody” and insert

 

“of Constabulary”

54

Page 58, line 13, at end insert—

 

““the Association of Chief Police Officers” means the Association of

 

Chief Police Officers of England, Wales and Northern Ireland.”

55

Page 59, line 29, leave out paragraphs (b) and (c) and insert—

 

“(b)    

the Association of Police Authorities, and

 

(c)    

the Association of Chief Police Officers.”

56

Page 64, line 22, leave out from beginning to “(offence” in line 24 and insert “In

 

section 91(2)”

57

Page 64, line 29, leave out sub-paragraph (3)


 
 

30

 

Schedule 2

58

Page 71, line 3, leave out paragraphs 1 and 2

59

Page 72, line 40, leave out paragraphs 3 and 4 and insert—

 

“          

In section 4 (membership of police authorities outside Greater London),

 

in subsection (4), for “Schedules 2 and 3” there is substituted “Schedule

 

2”.

 

            

For Schedule 2 there is substituted—

 

“Schedule 2

 

Section 4

 

Police authorities established under section 3

 

Membership of police authorities

 

1    (1)  

The Secretary of State shall by regulations make provision in

 

relation to the membership of police authorities established

 

under section 3.

 

      (2)  

Regulations under this paragraph shall provide for a police

 

authority to consist of—

 

(a)    

persons who are members of a relevant council, and

 

(b)    

other persons, including at least one lay justice.

 

      (3)  

Those regulations shall—

 

(a)    

specify the number of members falling within

 

paragraph (a) and paragraph (b) of sub-paragraph (2),

 

and

 

(b)    

secure that the majority of members of a police

 

authority are persons falling within paragraph (a) of

 

that sub-paragraph.

 

      (4)  

Those regulations may make further provision as to

 

qualification for membership, and may provide for a specified

 

number of the members of a police authority to be persons of

 

a specified description.

 

      (5)  

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 a police 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

 

authority;

 

(g)    

the payment of remuneration and allowances to a

 

member and the reimbursement of expenses.


 
 

31

 
 

Appointment of councillor members

 

2          

Regulations under paragraph 1 shall provide that—

 

(a)    

in the case of a police authority in relation to which

 

there is only one relevant council, the members falling

 

within paragraph 1(2)(a) are to be appointed by that

 

council;

 

(b)    

in any other case, those members are to be appointed

 

by a joint committee consisting of persons appointed

 

by the relevant councils from among their own

 

members.

 

Appointment of other members

 

3    (1)  

Regulations under paragraph 1 shall provide that the

 

members falling within paragraph 1(2)(b) are to be

 

appointed—

 

(a)    

by the existing members of the authority,

 

(b)    

from among persons on a short-list prepared by a

 

selection panel.

 

      (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

 

specified description.

 

      (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

 

appointed;

 

(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

 

panel;

 

(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)    

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.


 
 

32

 
 

      (2)  

Regulations under this paragraph may make further provision

 

about how a chairman or vice-chairman is to be appointed,

 

and provision as to—

 

(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

 

expenses.

 

Standards committees

 

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.

 

Consultation

 

6          

Before making regulations under this Schedule the Secretary

 

of State shall consult—

 

(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

 

are to apply, and

 

(ii)    

any relevant council in relation to such an

 

authority,

 

    

and

 

(d)    

such other persons as he thinks fit.

 

Supplementary

 

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

 

savings.


 
 

33

 
 

      (3)  

A statutory instrument containing regulations under this

 

Schedule shall be subject to annulment in pursuance of a

 

resolution of either House of Parliament.

 

Interpretation

 

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

 

council for—

 

(a)    

a county, or

 

(b)    

a district comprised in an area for which there is no

 

county council,

 

            

which constitutes, or is wholly within, the authority’s police

 

area.

 

      (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

 

2A”.

 

            

For Schedule 2A there is substituted—

 

“Schedule 2A

 

Section 5C

 

The Metropolitan police authority

 

Membership of Authority

 

1    (1)  

The Secretary of State shall by regulations make provision in

 

relation to the membership of the Metropolitan Police

 

Authority.

 

      (2)  

Regulations under this paragraph shall provide for the

 

Authority to consist of—

 

(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),

 

and

 

(b)    

secure that the majority of members of the Authority

 

are persons falling within paragraph (a) of that sub-

 

paragraph.


 
 

34

 
 

      (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

 

specified description.

 

      (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

 

Authority;

 

(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

 

by the Mayor of London.

 

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

 

panel.

 

      (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

 

specified description.

 

      (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

 

appointed;

 

(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;


 
 

35

 
 

(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

 

panel;

 

(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

 

chairman;

 

(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,

 

and provision as to—

 

(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

 

expenses.

 

Standards committees

 

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.

 

Consultation

 

6          

Before making any regulations under this Schedule, the

 

Secretary of State shall consult—

 

(a)    

the Metropolitan Police Authority,


 
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