House of Commons Amendments

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

637

House of Commons

Notices of Amendments

given on

Thursday 10 February 2011

For other Amendment(s) see the following page(s):

Police Reform and Social Responsibility Bill Committee 576-636

Public Bill Committee

Police Reform and Social Responsibility Bill

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

614

Page  99,  line  37,  leave out Clause 150.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

615

Schedule  16,  page  175,  line  29,  at end insert—

  ‘(3A)
The Secretary of State must, before making such an order, consult with and

seek the advice of the Advisory Council on the Misuse of Drugs.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

616

Schedule  16,  page  176,  line  5,  after ‘revoke’, insert ‘or extend’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

617

Schedule  16,  page  176,  line  6,  at end insert—

Notices of Amendments: 10 February 2011
638

Police Reform and Social Responsibility Bill, continued

‘(6)
The Secretary of State may grant an extension to the Temporary Ban Order only

if requrested by the Advisory Council on the Misuse of Drugs.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

618

Clause  141,  page  95,  line  2,  leave out ‘or authorised officer’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

619

Clause  142,  page  96,  line  14,  leave out ‘or authorised officer’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

620

Clause  143,  page  96,  line  35,  leave out ‘or authorised officer’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

621

Clause  143,  page  96,  line  37,  leave out ‘or officer’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

622

Clause  143,  page  97,  line  1,  leave out ‘or authorised officer’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

623

Clause  143,  page  97,  line  2,  leave out ‘(in the case of a constable)’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

624

Clause  146,  page  98,  line  29,  leave out subsection (2).

Notices of Amendments: 10 February 2011
639

Police Reform and Social Responsibility Bill, continued

Steve McCabe

Bridget Philipson

625

Clause  141,  page  96,  line  1,  leave out ‘mattress’ and insert ‘sheet, blanket, duvet,

pillow, mattress, cardboard, plastic, foam’.

Steve McCabe

Bridget Philipson

626

Clause  140,  page  94,  line  29,  leave out paragraph (b) and insert—

‘(b)
those parts of Parliament Square comprising a highway.’.

Steve McCabe

Bridget Philipson

627

Clause  146,  page  98,  line  40,  at end insert—

‘(4)
The Greater London Authority and Westminster City Council may enter into

agreements with each other providing that one of them shall be the responsible

authority in relation to any land in the controlled area of Parliament Square and

any agreement made in accordance with this subsection shall have effect despite

subsection (3).’.

Police: complaints

Nick Herbert

NC12

To move the following Clause:—

‘Schedule (Police: complaints) (Police: complaints) has effect.’.

Nick Herbert

ns6

To move the following Schedule:—

‘Police: complaints

Introduction

1
The Police Reform Act 2002 is amended in accordance with this Schedule.

Membership and proceedings of Independent Police Complaints Commission

2
In section 9(2)(b) (minimum number of members of Commission), for “ten”

substitute “five”.

3
In Schedule 2 (the Independent Police Complaints Commission), in paragraph

10 (proceedings), omit sub-paragraph (6).

Complaints about policing

4
Omit section 14 (direction and control matters).

5    (1)
In section 29(1) (interpretation of Part 2), in the definition of “conduct” in

subsection (1), for “and statements” substitute “, statements and decisions”.

      (2)
In Schedule 3 (handling of complaints and conduct matters), in paragraph 4

(reference of complaints to the Commission), after sub-paragraph (7) insert—

Notices of Amendments: 10 February 2011
640

Police Reform and Social Responsibility Bill, continued

  “(8)
In a case where—

(a)
a complaint relates to a direction and control matter, and

(b)
there is no obligation under this paragraph for the

appropriate authority to refer the complaint to the

Commission,


the appropriate authority may refer the complaint to the

Commission under this paragraph only if the Commission

consents.”.

6
In consequence of paragraph 4—

(a)
in section 10 (general functions of the Commission), omit subsection

(8);

(b)
in section 13 (handling of complaints, conduct matters and DSI

matters etc), omit “subject to section 14(1)”.

Power of local policing body to direct chief officer of police to comply with obligations

7
In section 15 (general duties of local policing bodies, chief officers and

inspectors), after subsection (2) insert—

“(2A)
Subsection (2B) applies in a case where it appears to a local policing

body that—

(a)
an obligation to act or refrain from acting has arisen by or

under this Part,

(b)
that obligation is an obligation of the chief officer of police of

the police force which is maintained by the local policing

body, and

(c)
the chief officer has not yet complied with that obligation, or

has contravened it.

(2B)
The local policing body may direct the chief officer to take such steps

as the local policing body thinks appropriate.

(2C)
The chief officer must comply with any direction given under

subsection (2B).”.

Initial handling and recording of complaints

8    (1)
In Schedule 3 (handling of complaints and conduct matters), paragraph 2

(initial handling and recording of complaints) is amended in accordance with

this paragraph.

      (2)
For sub-paragraph (1) substitute—

  “(1)
Where a complaint is made to the Commission, it shall give

notification of the complaint to the appropriate authority.

    (1A)
But the Commission need not give that notification if the

Commission considers that there are exceptional circumstances that

justify its not being given”.

      (3)
Omit sub-paragraph (4).

      (4)
In sub-paragraph (5)—

(a)
in the words before sub-paragraph (a)—

(i)
omit the words from “or the Commission” to “sub-paragraph

(4)”;

(ii)
omit “or, as the case may be, the Commission”;

(b)
omit sub-paragraph (b) (and the word “or” preceding it).

Notices of Amendments: 10 February 2011
641

Police Reform and Social Responsibility Bill, continued

      (5)
After sub-paragraph (7) insert—

  “(8)
Nothing in this paragraph shall require the recording by any person

of any complaint about any conduct if that person considers that the

complaint falls within a description of complaints specified in

regulations made by the Secretary of State for the purposes of this

paragraph.”.

Handling of complaints by the appropriate authority

9    (1)
In Schedule 3 (handling of complaints and conduct matters), for paragraph 6

(handling of complaints by the appropriate authority) substitute—

“6  (1)
This paragraph applies where a complaint has been recorded by the

appropriate authority.

      (2)
But this paragraph does not apply to a complaint if it is one that has

been, or must be, referred to the Commission under paragraph 4,

unless the complaint is for the time being—

(a)
referred back to the authority under paragraph 5, or

(b)
the subject of a determination under paragraph 15.

      (3)
Subject to paragraph 7, the appropriate authority shall determine

whether or not the complaint is suitable for being subjected to local

resolution.

      (4)
If the appropriate authority determines that the complaint is suitable

for being subjected to local resolution, it shall make arrangements

for it to be so subjected.

      (5)
If the appropriate authority determines that the complaint is not so

suitable, it shall make arrangements for the complaint to be

investigated by the authority on its own behalf.

      (6)
A determination that a complaint is suitable for being subjected to

local resolution may not be made unless the following conditions

are both met.

      (7)
The first condition is that the appropriate authority is satisfied that

the conduct complained of (even if it were proved) would not

justify the bringing of any criminal or disciplinary proceedings

against the person whose conduct is complained of.

      (8)
The second condition is that the appropriate authority is satisfied

that the conduct complained of (even if it were proved) would not

involve the infringement of a person’s rights under Article 2 or 3 of

the Convention (within the meaning of the Human Rights Act

1998).

      (9)
In a case where this paragraph applies to a complaint by virtue of

sub-paragraph (2)(b), a determination that the complaint is suitable

for being subjected to local resolution may not be made unless the

Commission approves the determination.

    (10)
No more than one application may be made to the Commission for

the purposes of sub-paragraph (9) in respect of the same complaint.

    (11)
Sub-paragraph (9) (where applicable) is in addition to sub-

paragraphs (6) to (8).”.

Notices of Amendments: 10 February 2011
642

Police Reform and Social Responsibility Bill, continued

      (2)
In paragraph 7(6)(a) of that Schedule, for “paragraph 6(2)” substitute

“paragraph 6(3)”.

Disapplication of requirements of Schedule 3 to 2002 Act

10  (1)
Schedule 3 (handling of complaints and conduct matters) is amended in

accordance with this paragraph.

      (2)
In the italic heading that precedes paragraph 7 (dispensation by the

Commission from requirements of Schedule 3 to 2002 Act), for “Dispensation

by the Commission from” substitute “Disapplication of”.

      (3)
Paragraph 7 is amended in accordance with the following provisions of this

paragraph.

      (4)
In sub-paragraph (1), omit “apply to the Commission, in accordance with the

regulations, for permission to”.

      (5)
After sub-paragraph (1) insert—

“(1A)
But, in a case where paragraph 6 applies by virtue of paragraph

6(2)(a) or (b), the appropriate authority may not handle the

complaint in whatever manner (if any) the authority thinks fit

unless—

(a)
the authority applies to the Commission, in accordance

with the regulations, for permission to so handle the

complaint, and

(b)
the Commission gives permission.”.

      (6)
In sub-paragraph (2), for “this paragraph” substitute “sub-paragraph (1A)”.

      (7)
In sub-paragraph (5)—

(a)
for the words before paragraph (a) substitute—

“(5)
Where the complaint is to be handled in whatever manner (if

any) the authority thinks fit (whether or not the Commission’s

permission is needed), the authority—”;

(b)
in sub-paragraph (b), for “but for the permission” substitute “if it were

not proceeding in accordance with this paragraph”.

      (8)
In sub-paragraph (6)—

(a)
after “Where” insert “the appropriate authority applies to the

Commission under sub-paragraph (1A) and”;

(b)
omit “under this paragraph”.

Conduct matters arising in civil proceedings

11  (1)
In Schedule 3 (handling of complaints and conduct matters), paragraph 10

(conduct matters arising in civil proceedings) is amended in accordance with

this paragraph.

      (2)
In sub-paragraph (3), for “record that matter” substitute “determine whether

the matter is one which it or he is required to refer to the Commission under

paragraph 13 or is one which it would be appropriate to so refer”.

      (3)
For sub-paragraph (4) substitute—

  “(4)
In a case where the appropriate authority determines that the matter

is one which it or he is required to refer to the Commission under

paragraph 13, or is one which it would be appropriate to so refer, it

or he shall record the matter.

    (4A)
In any other case, the appropriate authority shall determine whether

the matter falls within a description of matters specified in

Notices of Amendments: 10 February 2011
643

Police Reform and Social Responsibility Bill, continued

regulations made by the Secretary of State for the purposes of this

sub-paragraph.

    (4B)
In a case where the appropriate authority determines that the matter

does not fall within such a description, it or he shall record the

matter.

    (4C)
In any other case, the appropriate authority may (but need not)

record the matter.

    (4D)
In a case where the appropriate authority—

(a)
records a matter under this paragraph, and

(b)
is not required to refer the matter to the Commission under

paragraph 13 and does not do so,


the appropriate authority may deal with the matter in such other

manner (if any) as it or he may determine.”.

      (4)
In sub-paragraph (5), for “sub-paragraph (3)” substitute “sub-paragraph (4) or

(4B)”.

Recording etc of conduct matters in other cases

12  (1)
In Schedule 3 (handling of complaints and conduct matters), paragraph 11

(recording etc of conduct matters in other cases) is amended in accordance

with this paragraph.

      (2)
In sub-paragraph (1)—

(a)
for the words before paragraph (a) substitute—

  “(1)
This paragraph applies where—”;

(b)
omit the words after paragraph (b).

      (3)
For sub-paragraph (3) substitute—

  “(3)
The appropriate authority must determine whether the matter is one

which it or he is required to refer to the Commission under

paragraph 13, or is one which it would be appropriate to so refer.

    (3A)
In a case where the appropriate authority determines that the matter

is one which it or he is required to refer to the Commission under

paragraph 13, or is one which it would be appropriate to so refer, it

or he shall record the matter.

    (3B)
In any other case, the appropriate authority shall determine whether

the matter falls within a description of matters specified in

regulations made by the Secretary of State for the purposes of this

sub-paragraph.

    (3C)
In a case where the appropriate authority determines that the matter

does not fall within such a description, it or he shall record the

matter.

    (3D)
In any other case, the appropriate authority may (but need not)

record the matter.

    (3E)
In a case where the appropriate authority—

(a)
records a matter under this paragraph, and

(b)
is not required to refer the matter to the Commission under

paragraph 13 and does not do so,



© Parliamentary copyright	Revised 11 February 2011