|
| |
| | |
| | |
| |
| | | Appointment of chief constables and assistant chief constables |
|
| | |
| | |
| | | |
| | 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 |
|
| | | |
| | | (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 |
|
| | | |
| | | (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 authority shall give the |
|
| | | chief constable or assistant chief constable an opportunity to make |
|
| | | representations to him and shall consider any representations so made.”’. |
|
| | |
| | | Responsibilities of police authorities |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | Each police authority may determine its own local precept agreement with the |
|
| | | relevant local council or councils as appropriate to its individual requirements. |
|
| | | (2) | Each police authority may 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 |
|
| | | |
| | | (8) | In section 6 subsection (3) is omitted. |
|
| | | (9) | For section 37A (setting of strategic priorities for police authorities) substitute— |
|
|
| |
| | |
| | |
| |
| | | |
| | | Each individual police authority must determine objectives for the |
|
| | | policing of their own local area”. |
|
| | | (10) | For section 38 (setting of performance targets) substitute— |
|
| | | “38 | Levels of performance |
|
| | | Where an objective has been determined under section 37, the relevant |
|
| | | police authority shall establish levels of performance (performance |
|
| | | targets to be aimed at in seeking to achieve the objective).”. |
|
| | | (11) | Section 39 (codes of practice) is repealed. |
|
| | | (12) | Section 41 (directions as to a minimum budget) is repealed. |
|
| | | (13) | Section 44 (reports from chief constables) is repealed. |
|
| | | (14) | The Local Government Act 1999 is amended as follows. |
|
| | | (15) | In section 31(9) (major precepting authorities: further recognition), after “1992”, |
|
| | | insert “, but excluding police authorities and the Metropolitan Police |
|
| | | |
| | |
| | | Offences relating to information about members of armed forces etc |
|
| | |
| | |
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘Section 76 of the Counter-Terrorism Act 2008 is repealed.’. |
|
| | |
| | | |
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | The Sexual Offences Act 1956 is amended as follows. |
|
| | | (2) | After section 33A insert— |
|
| | | “33B | Definition of a brothel |
|
| | | (1) | Premises shall not be regarded as a brothel where— |
|
| | | (a) | no more than two prostitutes, with or without a maid, are |
|
| | | working together or separately on any given day; and |
|
| | | (b) | each prostitute retains control over her or his individual earnings |
|
| | | from the prostitution carried out at the premises. |
|
|
| |
| | |
| | |
| |
| | | (2) | In this section ‘prostitute’ has the meaning given by section 51(2) of the |
|
| | | Sexual Offence Act 2003.”’. |
|
| | |
| | | Decriminalisation of associated workers in brothels |
|
| | |
| | | |
| | 
| To move the following Clause:— |
|
| | | ‘(1) | The Sexual Offences Act 1956 is amended as follows. |
|
| | | (2) | After section 33A insert— |
|
| | | “33B | Associated workers in brothels |
|
| | | For the purposes of section 33 and 33A, a person who is not directly |
|
| | | involved in the provision of sexual services is not to be treated as |
|
| | | assisting in the management of a brothel by reason only of being |
|
| | | employed in a brothel.”’. |
|
| | |
| | | Unlawful rendition and searching of aircraft |
|
| | |
| | |
| | |
| | | |
| | | To move the following Clause:— |
|
| | | ‘After section 24B of the Aviation Security Act 1982 (c. 36) insert— |
|
| | | “24C | Police powers to search aeroplanes |
|
| | | (1) | If the Secretary of State has reason to believe that an aircraft that is in |
|
| | | flight over the United Kingdom is or has recently been or may be |
|
| | | involved in an act of unlawful rendition then he or she may require the |
|
| | | aircraft to land at a suitable aerodrome. |
|
| | | (2) | If an aircraft is required to land in accordance with subsection (1), a |
|
| | | responsible person must, as soon as practicable after the aircraft has |
|
| | | landed, enter and search the aircraft. |
|
| | | (3) | The Secretary of State or a responsible person must enter and search an |
|
| | | aircraft if he or she has reason to believe that— |
|
| | | (a) | an aircraft in an aerodrome is or has recently been or may be |
|
| | | involved in an act of unlawful rendition; or |
|
| | | (b) | in respect of an aircraft in an aerodrome, incomplete or incorrect |
|
| | | information under sections 32 and 33 of the Immigration, |
|
| | | Asylum and Nationality Act 2006 (c. 13) has been supplied. |
|
|
| |
| | |
| | |
| |
| | | (4) | For the purposes of subsections (2) and (3), a search of an aircraft is to be |
|
| | | carried out to determine if— |
|
| | | (a) | the aircraft has recently been, or may be involved in an act of |
|
| | | |
| | | (b) | a criminal offence has been committed; or |
|
| | | (c) | allowing the aircraft to continue on its journey could place the |
|
| | | United Kingdom in breach of its obligations under the European |
|
| | | Convention on Human Rights, |
|
| | | | but these powers may only be exercised when it is not reasonably |
|
| | | practicable to apply for a warrant of entry in accordance with section 8 of |
|
| | | the Police and Criminal Evidence Act 1984 (c. 60). |
|
| | | (5) | A person who carries out a search under this section may remove any |
|
| | | items from the aircraft if it may be evidence of any of the matters set out |
|
| | | |
| | | |
| | | “an act of unlawful rendition” means an act, not being in accordance with |
|
| | | formal lawful extradition or deportation procedures, involving the |
|
| | | forcible transportation of a person to a territory where he or she may be |
|
| | | subjected to torture and inhuman and degrading treatment; |
|
| | | “a responsible person” means— |
|
| | | (c) | the chief officer of police of a police force maintained for a |
|
| | | police area in England and Wales; |
|
| | | (d) | the chief constable of a police force maintained under the Police |
|
| | | (Scotland) Act 1967 (c. 77); |
|
| | | (e) | the Chief Constable of the Police Service of Northern Ireland; |
|
| | | (f) | one of the Commissioners for HM Revenue and Customs; |
|
| | | (g) | a constable designated by any of the persons specified in |
|
| | | paragraphs (a) to (c).”’. |
|
| | |
| | |
| | |
| | | |
| | Page 2, line 2, leave out Clause 2. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 2 [Clause 2], leave out lines 13 to 16 and insert ‘up to ten persons nominated by |
|
| | the Secretary of State after consultation with the Association of Police Authorities and the |
|
| | Association of Chief Police Officers.’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 2, line 22 [Clause 2], after ‘reports’, insert ‘, which shall be published and |
|
| | automatically laid before Parliament’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 3, line 6 [Clause 2], after ‘panel’, insert ‘and Her Majesty’s Inspectors of |
|
| | Constabulary shall submit an annual report to the Secretary of State on the operation of |
|
| | the Senior Appointments process in each police force area’. |
|
| | |
| | |
| | | |
| | Page 3, line 11 [Clause 2], at end insert— |
|
| | | ‘(4A) | In discharging its functions under subsection (2)(a) the panel must have regard to |
|
| | | Article 25 of the International Covenant on Civil and Political Rights (right of |
|
| | | equal access to public service).’. |
|
| | |
| | |
| | |
| | | |
| | Page 4 [Clause 4], leave out line 22. |
|
| | |
| | |
| | | |
| | Page 4 [Clause 4], leave out line 31. |
|
| | |
| | |
| | | |
| | Page 4 [Clause 4], leave out line 40. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 5, line 22 [Clause 5], at end insert— |
|
| | | ‘(6A) | A chief officer may make an agreement only after consulting with representatives |
|
| | | of police authority employees.’. |
|
| | |
| | |
| | | |
| | Page 6, line 4 [Clause 5], leave out subsection (4) and insert— |
|
| | | ‘(4) | A police authority may make an agreement which includes provision about the |
|
| | | discharge of functions by employees who are under the direction and control of a |
|
| | | chief officer only with the approval of that chief officer.’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 6, line 41 [Clause 5], at end insert ‘and a collaboration agreement shall |
|
| | include procedures for achieving a settlement of all outstanding financial and legal |
|
| | liabilities between parties upon a party terminating its contractual obligations under a |
|
| | collaboration agreement’. |
|
| | |
| | |
| | | |
| | Page 8, line 15 [Clause 5], at end insert— |
|
| | | ‘(1A) | A notice under this section may provide for the termination of the agreement with |
|
| | | immediate effect or at the end of a specified period.’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 8, line 17 [Clause 5], at end insert— |
|
| | | ‘(3) | The period of notice shall be such as the Secretary of State sees fit.’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | | |
| | Page 15, line 25, leave out Clause 13. |
|
| | |
| | | |
| | | Page 15, line 27 [Clause 13], leave out from beginning to end of line 2 on page 16 |
|
| | |
| | | ‘“53A | Paying for sexual services of a trafficked prostitute |
|
| | | (1) | A person (A) commits an offence if— |
|
| | | (a) | A makes or promises payment for the sexual services of a prostitute (B), |
|
| | | |
| | | (b) | B has been trafficked, and |
|
| | | (c) | A is aware, or ought to be aware, that B has been trafficked. |
|
| | | (2) | Whether A ought to be aware that B has been trafficked is to be determined |
|
| | | having regard to all the circumstances, including any steps A has taken to |
|
| | | ascertain whether B has been trafficked. |
|
| | | (3) | It is irrelevant where in the world the sexual services are to be provided and |
|
| | | whether those services are provided.”’. |
|
| | |
| | | |
| | Page 15, line 27 [Clause 13], leave out ‘controlled for gain’ and insert ‘subjected to |
|
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 15 [Clause 13], leave out lines 28 to 37 and insert— |
|
| | | ‘(1) | A person (A) commits an offence if— |
|
| | | (a) | A makes or promises payment for the sexual services of a prostitute (B), |
|
| | | |
| | | (b) | any of B’s activities relating to the provision of those services are |
|
| | | intentionally controlled for gain by a third person (C), and |
|
| | | (c) | A is aware, or ought to be aware, that B’s activities are controlled for |
|
| | | |
| | | (1A) | Whether A ought to be aware that B’s activities are controlled for gain is to be |
|
| | | determined having regard to all the circumstances, including any steps A has |
|
| | | taken to ascertain whether B is controlled for gain. |
|
| | | (1B) | It is irrelevant where in the world the sexual services are to be provided and |
|
| | | whether those services are provided.’. |
|
| | |
| | | |
| | Page 15, line 30 [Clause 13], leave out from ‘(B),’ to end of line 32 and insert— |
|
|
