Police Reform and Social Responsibility Bill

Page 1, line 6, at beginning insert “Subject to section (Pilot schemes)”

Page 2, line 5, at end insert “in conjunction with the chief constable”

Insert the following new Clause—

“Pilot schemes

(1) Section 1 and other provisions on police and crime commissioners and police and crime panels shall commence—

(a) in accordance with section 158 in respect of not more than six police areas designated by the Secretary of State, and

(b) in respect of other police areas only in accordance with an order made by the Secretary of State.

(2) No order shall be made under subsection (1)(b) unless—

(a) pilot schemes have been undertaken for at least two years in the police areas designated under subsection (1)(a), and

(b) the Secretary of State has reported to Parliament on the pilot schemes.”

Page 3, line 22, at end insert—

“( ) Subsections (3) and (4) are subject to section (Mayor’s Office for Policing and Crime—term of office)”

Page 3, line 28, at end insert “in conjunction with the Commissioner of Police of the Metropolis”

Page 5, line 25, at end insert “, and

“( ) obtain the approval of the panel in accordance with section 28”

Page 6, line 36, leave out “the police and crime panel of”

Page 6, line 38, leave out “panel” and insert “London Assembly”

Page 6, line 39, at end insert—

“( ) give the London Assembly a response to any such report or recommendations,

( ) publish any such response, and

( ) obtain the approval of the London Assembly in accordance with section 33”

Page 6, line 41, leave out “police and crime panel” and insert “London Assembly”

Page 7, line 16, leave out “42(1) and (6)” and insert “42”

Page 7, line 20, at end insert—

“( ) In section 32 of the 1999 Act at the end of subsection (3)(a) insert “(which in the case of the draft police and crime plan shall include bodies working within Greater London to combat crime and disorder and assist the victims of crime)”.”

Page 8, line 26, after “police,” insert—

“( ) such persons as appear to the Secretary of State to represent the views of police and crime panels,”

Page 8, line 27, at end insert—

“( ) The Secretary of State shall have regard to the views expressed in response to the consultation under subsection (6).”

Page 9, line 29, after “police,” insert—

“( ) such persons as appear to the Secretary of State to represent the views of police and crime panels,”

Page 9, line 33, at end insert —

“( ) Before making a crime and disorder reduction grant, the elected local policing body shall consult the relevant police and crime panel and shall have regard to its views.”

Page 10, line 2, after “co-operation” insert—

“(a)”

Page 10, line 2, at end insert “, and

(b) with voluntary and statutory organisations working within the police area to combat crime and disorder and assist the victims of crime.”

Page 11, line 2, after “necessary” insert “or required by the relevant police and crime panel”

Page 11, line 6, at end insert—

“( ) For the purpose of subsection (3) “performance” includes the treatment of victims of crime.”

Page 11, line 20, at end insert—

“( ) The annual report shall include information of such descriptions as the relevant police and crime panel, prior to the beginning of the financial year to which the annual report relates, has notified the elected local policing body that it wishes to be included in the annual report.”

Page 12, line 8, at end insert—

“( ) Subsection (2) does not apply if it is possible for the chief officer of police to disclose the information in such form as will avoid the risks listed.”

Page 12, line 10, at end insert “or which the panel requests”

Page 12, line 15, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

Page 12, line 24, after “area” insert “and of voluntary and statutory organisations working within that area to combat crime and disorder and assist the victims of crime”

Page 12, line 30, at end insert—

“(c) the local authorities in the area (including parish and town councils),”

Page 12, line 39, at end insert—

“(c) the London boroughs,”

Page 13, line 12, leave out subsection (6)

Page 13, line 20, leave out subsection (3)

Page 13, line 34, leave out “in spite of” and insert “subject to”

Page 14, line 2, at end insert “and any other report or recommendations made by the panel”

Page 14, line 13, at end insert “but retain responsibility for such functions”

Page 14, line 35, leave out subsection (5)

Page 14, line 43, at end insert—

“but shall retain responsibility for such functions”

Page 15, line 3, at end insert “but shall retain responsibility for such functions”

Page 15, line 8, leave out “(7)(a), (e), (f), (g) or (h)” and insert “(7)”

Page 15, line 13, leave out subsections (4), (5), and (6)

Page 15, line 44, leave out subsection (8)

Page 20, line 33, at end insert—

“(2A) A police and crime panel must consider the draft police and crime plan or draft variation and may approve or reject it.

(2B) For the purpose of subsection (2A) a draft is deemed to have been approved unless it is rejected by a majority of at least two thirds of the persons who are members of the panel at the time the decision is made.”

Page 21, line 26, after “staff” insert “and the relevant chief officer of police, deputy chief constable and assistant chief constables”

Page 21, line 27, after “question” insert “, produce any document or provide any information”

Page 21, line 33, after “commissioner” insert “and the relevant chief officer of police”

Page 21, line 36, leave out “police and crime commissioner” and insert “persons referred to in subsection (1)”

Page 21, line 38, after “commissioner” insert “and the deputy to the relevant chief officer of police”

Page 21, line 39, at end insert—

“( ) For the purposes of this section any person exercising a function under section 18(1) shall be deemed to be a member of the police and crime commissioner’s staff.”

Insert the following new Clause—

“Approval of budget by police and crime panel

(1) The relevant elected local policing body shall present a draft budget to the relevant police and crime panel for approval at a public meeting of the panel on or before 1st February in the financial year preceding that to which the draft budget relates.

(2) The panel may veto the draft budget by a majority of at least two-thirds of the persons who are members of the panel at the time the decision is made.

(3) In the event of a veto the relevant elected local policing body shall present an amended draft budget to the relevant police and crime panel at a public meeting of the panel, and the provisions of subsection (2) shall apply to successive drafts until the panel approves the draft budget.

(4) For the purposes of this section a draft budget is approved if it is not vetoed.

(5) This section shall not apply to the Mayor’s Office for Policing and Crime.”

Insert the following new Clause—

“Budgets heads of expenditure

(1) Neither a police and crime commissioner nor the Mayor’s Office for Policing and Crime may make any virement between heads of expenditure in a budget implemented following the procedures provided by Schedule 5 if the virement is vetoed by the relevant police and crime panel.

(2) A veto under this section is a decision that the proposed virement be not made, taken by the panel by a majority of at least two thirds of the persons who are members of the panel at the time the decision is made.”

Page 22, line 3, leave out from “one” to end of line 4 and insert “for which the sanction may be imprisonment”

Page 23, line 3, leave out subsection (3)

Page 23, line 3, leave out “only”

Page 23, line 22, after “as” insert “including”

Page 23, line 24, at end insert “including”

Page 34, line 24, leave out “necessarily” and insert “reasonably”

Page 34, line 25, leave out “necessarily” and insert “reasonably”

Page 36, line 13, leave out “supplementary” and insert “alternative”

Page 36, line 15, leave out paragraph (b)

Page 36, line 16, leave out “supplementary” and insert “alternative”

Page 36, line 17, leave out from “(3),” to end of line 18, and insert “alternative vote system” means the system enabling the voter to indicate preferences among the candidates as provided by Schedule 9”

Page 37, line 1, at end insert—

“( ) An order under subsection (1) shall make only such modifications and exceptions as are required to apply the relevant provisions to the election of police and crime commissioners.”

Page 39, line 45, leave out “any” and insert “this Act and any other”

Insert the following new Clause—

“Mayor’s Office for Policing and Crime: term of office

(1) A person is disqualified from occupying the Mayor’s Office for Policing and Crime if the person has been elected as Mayor of London at two previous elections.

(2) It is immaterial, for the purposes of subsection (1), whether—

(a) any election is, or was, an ordinary election;

(b) having been elected at a previous election, the person was the occupant of the Mayor’s Office for Policing and Crime.

(3) An election which has been declared void is to be disregarded for the purposes of subsection (1).”

Page 50, line 3, after “importance” insert “(and any matter within the functions of the Serious Organised Crime Agency under the Serious Organised Crime Act 2005 shall be deemed to be such a threat)”

Page 67, line 17, after “area” insert “or in an adjoining area”

Page 67, line 24, after “who” insert “live or are involved in a business in the relevant licensing authority’s area or in an adjoining area and”

Page 103, line 39, after “under” insert “section (Pilot Schemes) or”

Page 107, line 41, leave out “contracts and other”

Page 107, line 41, leave out “(whether legally binding or not)”

Page 108, line 6, leave out “is shown to have” and insert “has”

Page 108, line 10, leave out “is shown to have” and insert “has”

Page 108, line 29, leave out “must” and insert “may”

Page 109, line 1, leave out sub-paragraph (3)

Page 109, line 5, leave out “must” and insert “may”

Page 109, line 31, leave out “contracts and other”

Page 109, line 31, leave out “(whether legally binding or not)”

Page 111, line 24, at end insert—

“( ) a person who is not a member of the London Assembly;”

Page 111, line 34, leave out from beginning to second “the” in line 35

Page 113, line 6, leave out “is shown to have” and insert “has”

Page 113, line 10, leave out “is shown to have” and insert “has”

Page 113, line 28, leave out “must” and insert “may”

Page 113, line 37, leave out sub-paragraph (3)

Page 115, line 28, after “precept” insert—

“(a) of the budget which the commissioner is proposing to apply for the financial year (the “proposed budget” including each head of expenditure in such detail as shall enable the panel to assess the activities of the commissioner and of the relevant police force in the financial year (the “proposed heads of expenditure”); and

(b) ”

Page 115, line 31, after “precept” insert “, proposed budget and proposed heads of expenditure”

Page 115, line 33, at end insert “, proposed budget and proposed heads of expenditure”

Page 115, line 35, after “precept” insert “, proposed budget and proposed heads of expenditure”

Page 115, line 37, at end insert “proposed budget and proposed heads of expenditure,”

Page 116, line 8, leave out “three-quarters” and insert “two-thirds”

Page 117, line 34, leave out sub-paragraphs (2) to (4)

Page 118, line 22, leave out “district)” to end of line 23

Page 122, line 5, leave out sub-paragraphs (a) and (b) and insert “that each relevant local authority has at least one of its councillors as a member of the panel”

Page 123, line 5, leave out from “Wales” to end of line 7

Page 123, line 24, leave out “two” and insert “four”

Page 123, line 26, leave out first “ten” and insert “fifteen”

Page 123, line 28, leave out “eleven” and insert “sixteen”

Page 123, line 29, at end insert—

“( ) if the police area covers a unitary district and other district councils, the number equal to X calculated by the following formula—

X = A + (A × B)

where A equals the number of other district councils and B equals the number of unitary districts”

Page 126, line 2, transpose paragraphs 19 and 20 to before paragraph 21

Page 127, line 10, at end insert—

“( ) the directly elected mayor of a local authority which is covered by that police area”

Page 127, line 11, leave out sub-sub-paragraph (c)

Page 127, line 28, at end insert—

“( ) Panel arrangements may not include provisions for the approval of any member other than by that member’s nominating authority.”

Page 129, line 18, leave out paragraph 32

Page 113, line 14, leave out paragraph 6

Page 140, leave out lines 2 to 4 and insert—

1 (1) A voter votes by marking the ballot paper with—

(a) the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote),

(b) if the voter wishes, the number 2 opposite the name of the candidate who is the voter’s second preference, and so on.

(2) The voter may mark as many preferences (up to the number of candidates) as the voter wishes.

2 (1) This rule sets out how votes are to be counted, in one or more stages of counting, in order to give effect to the preferences marked by voters on their ballot papers and so to determine which candidate is elected.

(2) Votes shall be allocated to candidates in accordance with voters’ first preferences and, if one candidate has more votes than the other candidates put together, that candidate is elected.

(3) If not, the candidate with the fewest votes is eliminated and that candidate’s votes shall be dealt with as follows—

(a) each vote cast by a voter who also ranked one or more of the remaining candidates shall be reallocated to that remaining candidate or (as the case may be) to the one that the voter ranked highest;

(b) any votes not reallocated shall play no further part in the counting.

(4) If after that stage of counting one candidate has more votes than the other remaining candidates put together, that candidate is elected.

(5) If not, the process referred to in paragraph (3) above shall be repeated as many times as necessary until one candidate has more votes than the other remaining candidates put together, and so is elected.

3 (1) If no candidate is elected (as referred to in paragraph 2(2)) at the first stage of counting, the returning officer shall, immediately after that stage, record and make publicly available the following information—

(a) the number of first-preference votes obtained by each candidate;

(b) which candidate was eliminated;

(c) the number of rejected ballot papers.

(2) Immediately after each subsequent stage of counting, except the final stage (on completion of which the requirements in paragraph 2(5) apply), the returning officer shall record and make publicly available the following information—

(a) the number of votes obtained by each candidate at that stage (including any reallocated in accordance with paragraph 1);

(b) which candidate was eliminated at that stage;

(c) the number of votes of the candidate eliminated at the previous stage that were not reallocated.”