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(7)	The regulations may make provision for and in connection with

establishing a body to discharge the functions mentioned in paragraph

(6)(b) to (d).

(8)	The regulations may make provision amending, repealing, revoking or

otherwise modifying any provision made by or under an Act or Northern

Ireland legislation (including this Order).

(9)	The provision which may be made by virtue of paragraph (8) includes

amending or otherwise modifying any provision so as to impose a duty

or confer a power to make an order, regulations, a code of practice or any

other instrument.

(10)	The regulations may make—

(a)	supplementary, incidental or consequential provision, or

(b)	transitional, transitory or saving provision.

(11)	For the purposes of this Article—

(a)	“photograph” includes a moving image, and

(b)	the reference to a DNA sample is a reference to any material that

has come from a human body and consists of or includes human

cells.”

(3)	In Article 89 (procedure for orders and regulations) for “Article 29(4) or 46A”

substitute “Articles 29(4), 46A and 64B”.

(4)	The amendments made by subsections (2) and (3) apply in relation to material

obtained before or after the commencement of this section.’.

Member’s explanatory statement

This amendment would amend the Police and Criminal Evidence (Northern Ireland) Order 1989

to allow equivalent provision to be made to that under the power in amendment NC33, in relation

to Northern Ireland.

Community punishments for graffiti and fly-posting

John Hemming

NC1

To move the following Clause:—

‘After section 43 of the Anti-Social Behaviour Act 2003 (c.38) insert—

“43A	Community punishments for graffiti and fly-posting

(1)	Where an authorised officer of a local authority has reason to believe that

a person has committed a relevant offence in the area of that authority, he

may give that person a notice offering him the opportunity of discharging

any liability to conviction for that offence by the completion of a

community service punishment in accordance with the notice.

(2)	But an authorised officer may not give a notice under subsection (1) if he

considers that the commission of the offence—

(a)	in the case of a relevant offence falling within section 44(1)(c),

also involves the commission of an offence under section 30 of

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the Crime and Disorder Act 1998 (c. 37) (racially or religiously

aggravated criminal damage), or

(b)	in the case of any other relevant offence, was motivated (wholly

or partly) by hostility—

(i)	towards a person based upon his membership (or

presumed membership) of a racial or religious group, or

(ii)	towards the members of a racial or religious group based

on their membership of that group.

(3)	In the case of a relevant offence falling within section 44(1)(f), an

authorised officer may not give a notice to a person under subsection (1)

in relation to the display of an advertisement unless he has reason to

believe that that person personally affixed or placed the advertisement to,

against or upon the land or object on which the advertisement is or was

displayed.

(4)	Where a person is given a notice under subsection (1) in respect of an

offence—

(a)	no proceedings may be instituted for that offence (or any other

relevant offence arising out of the same circumstances) before

the expiration of the period of 14 days following the date of the

notice, and

(b)	he may not be convicted of that offence (or any other relevant

offence arising out of the same circumstances) if before the

expiration of that period he agrees in writing to undertake the

community punishment in accordance with the notice.

(5)	A notice under subsection (1) must give such particulars of the

circumstances alleged to constitute the offence as are necessary for

giving reasonable information of the offence.

(6)	A notice under subsection (1) must also state—

(a)	the period during which, by virtue of subsection (4), proceedings

will not be instituted for the offence,

(b)	the number of hours which the person is required to work, which

shall not exceed 24,

(c)	the period during which the hours must be worked, provided that

it shall not commence more than two months from the date on

which the notice is agreed to under subsection (4)(b), and

(d)	the officer of a provider of probation services or, in the case of a

person aged under 18, the member of a youth offending team to

whom the person must report, and the time by which he must so

report.

(7)	The authorised officer issuing the notice under subsection (1) must give

a copy of the notice to the officer specified in accordance with subsection

(6)(d) to whom the person must report and any other information relating

to the case which he considers likely to be of assistance.

(8)	A notice under subsection (1) must be in such form as the appropriate

person may by order prescribe.

(9)	The provisions of section 47 of the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6) (obligations of person subject to community

punishment order) shall apply in respect of a community punishment

notice.

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(10)	For the purposes of this section a police officer or police community

support officer shall have the same powers to issue notices.”’.

Composition of police authorities

Paul Holmes

Chris Huhne

NC2

To move the following Clause:—

‘For section 4 of the Police Act 1996 (Membership of police authorities etc)

substitute—

“Composition of police authorities

(1)	Where a police authority has the same boundary as a local council, that

council will be the police authority.

(2)	Each police authority established under section 3 shall consist of 17

members.

(3)	Where a police authority boundary and a local council boundary are not

coterminous, two-thirds of the members of the police authority shall be

directly elected by Single Transferable Vote.

(4)	The members of the police authority subject to clause (3) above shall be

elected once every four years on the same day as all or most of the local

government elections in the force area.

(5)	Elections per clauses (3) and (4) above shall be voted on by all members

of the population over the age of 18 who reside within the relevant police

authority boundary and whom are eligible to vote in local government

elections.

(6)	Where subsection (2) above applies, one-third of the members of the

police authorities shall be nominated from local councillors within the

police force area.

(7)	Under subsection (1) or (2) above, police authorities may co-opt extra

members to ensure diversity, experience and expertise.

(8)	In subsection (4) above, co-opted members may be—

(a)	magistrates, or

(b)	any person deemed appropriate by the exisiting members of the

police authority to which outside members are being co-opted.”’.

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Appointment of chief constables and assistant chief constables

Paul Holmes

Chris Huhne

NC3

To move the following Clause:—

‘(1)	The Police Act 1996 is amended as follows.

(2)	In section 11(1) (appointment and removal of chief constables) leave out “but

subject to the approval of the Secretary of State”.

(3)	In section 11(2) leave out “acting with the approval of the Secretary of State”.

(4)	In section 11(3), leave out “ Before seeking the approval of the Secretary of State

under subsection (2),”.

(5)	In section 12(2) (assistant chief constables) leave out “and subject to the approval

of the Secretary of State”.

(6)	In section 12(5) leave out “ Secretary of State” and insert “relevant police

authority”.

(7)	For section 2 (removal of chief constables etc) substitute—

“(1)	A police authority may exercise its power under section 11 to call upon

the chief constable to retire in the interests of efficiency or effectiveness.

(2)	Before requiring the exercise or the similar power exercisable with

respect to an assistant chief constable, the police authotity shall give the

chief constable or assistant chief constable an oppurtunity to make

representations to him and shall consider any representations so made.”’.

Responsibilities of police authorities

Paul Holmes

Chris Huhne

NC4

To move the following Clause:—

‘(1)	Each police authority will have the ability to determine its own local precept

agreement with the relevant local council or councils as appropriate to its

individual requirements.

(2)	Each police authority will have the ability to determine its own fiscal priorities in

accordance with its individual requirements.

(3)	The Secretary of State may not give unsolicited directions to police authorities on

local precepts, minimum budgets or fiscal priorities.

(4)	Each police authority has a duty to consult with the Secretary of State, and to take

account of national policing authorities.

(5)	The Police Act 1996 is amended as follows.

(6)	In section 6(2) (general functions of police authorities), leave out paragraph (a).

(7)	In section 6(2)(c) leave out “whether in compliance with a direction under section

38 or otherwise”.

(8)	In section 6 subsection (3) is omitted.

(9)	For section 37A (setting of strategic priorities for police authorities) substitute—

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Revised 24 February 2009