Session 2010 - 11
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Public Bill Committee: 17 February 2011                  

731

 

Police Reform and Social Responsibility Bill, continued

 
 

“110A

  Fees

 

(1)    

Regulations which prescribe the fees referred to in section 100(7) and

 

110(3) may provide for the amount of the fee to be determined by the

 

relevant licensing authority.

 

(2)    

Where regulations provide for the amount of a fee to be determined by

 

the relevant licensing authority as mentioned in subsection (1), the

 

authority—

 

(a)    

shall determine the amount of the fee,

 

(b)    

may determine different amounts for different classes of case

 

specified in the Regulations,

 

(c)    

shall publish the amount of the fee as determined from time to

 

time, and

 

(d)    

shall aim to ensure that the income from fees of that kind as

 

nearly as possible equates to the cost of providing the service to

 

which the fee relates (including a reasonable share of

 

expenditure which is referable only partly or only indirectly to

 

the provision of that service).

 

(3)    

For the purposes of subsection (3) a licensing authority shall compare

 

income and costs in such manner, at such times and by reference to such

 

periods as the authority, having regard to any guidance issued by the

 

Secretary of State, thinks appropriate.”.

 

(8)    

Regulation 4 of the Licensing Act 2003 (Fees) Regulations 2005 is revoked.’.

 


 

General duties of licensing authorities

 

Vernon Coaker

 

Diana Johnson

 

Clive Efford

 

Mark Tami

 

NC7

 

To move the following Clause:—

 

‘(1)    

The Licensing Act is amended as follows.

 

(2)    

In section 4 (General duties of licensing authorities) insert—

 

“(e)    

protecting and improving public health”.’.

 



 
 

Public Bill Committee: 17 February 2011                  

732

 

Police Reform and Social Responsibility Bill, continued

 
 

Crime and Security Act 2010 (Amendment)

 

Vernon Coaker

 

Diana Johnson

 

Clive Efford

 

Mark Tami

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Crime and Security Act 2010 is amended as follows.

 

(2)    

In section 172B(3) after paragraph (a) insert new paragraph—

 

“(b)    

the holder of a personal licence in respect of affected

 

premises.”’.

 


 

Alcohol monitoring requirement

 

Mr Matthew Offord

 

NC10

 

To move the following Clause:—

 

‘(1)    

After section 212 of the Criminal Justice Act 2003, insert—

 

“212A

  Alcohol monitoring requirement

 

(1)    

In this Part ‘alcohol monitoring requirement’, in relation to a relevant

 

order, means a requirement that during a period specified in the order, the

 

offender must—

 

(a)    

not consume alcohol,

 

(b)    

for the purpose of ascertaining whether there is alcohol in the

 

offender’s body, provide samples of such description as may be

 

determined, at such times or in such circumstances as may

 

(subject to the provisions of the order) be determined by the

 

responsible officer or by the person specified as the person to

 

whom the samples are to be provided, and

 

(c)    

pay such amount of no less than £1 and no more than £5 in

 

respect of the costs of taking and analysing the sample as may be

 

specified in the order.

 

(2)    

A court may not impose an alcohol monitoring requirement unless—

 

(a)    

it is satisfied that—

 

(i)    

the offender has a propensity to misuse alcohol and the

 

offender expresses willingness to comply with the

 

alcohol monitoring requirement, or

 

(ii)    

the misuse by the offender of alcohol caused or

 

contributed to the offence in question, and

 

(b)    

the court has been notified by the Secretary of State that

 

arrangements for implementing the requirement are available in

 

the area proposed to be specified in the order under section 216

 

(local justice area to be specified in relevant order).

 

(3)    

A relevant order imposing an alcohol monitoring requirement must

 

provide that the results of any tests carried out on any samples provided


 
 

Public Bill Committee: 17 February 2011                  

733

 

Police Reform and Social Responsibility Bill, continued

 
 

by the offender to the monitoring officer in pursuance of the requirement

 

are to be communicated to the responsible officer.

 

(4)    

The Secretary of State may from time to time give guidance about the

 

exercise of the function of making determinations as to the provision of

 

samples pursuant to subsection (1)(b).

 

(5)    

The Secretary of State may make rules for all or any of the following

 

purposes:

 

(a)    

regulating the provision of samples pursuant to an alcohol

 

monitoring requirement, including hours of attendance, interval

 

between samples and the keeping of attendance records;

 

(b)    

regulating the provision and carrying on of a facility for the

 

testing of samples;

 

(c)    

determining the maximum and minimum fee that may be

 

specified under subsection (1)(c), and the frequency of such

 

payments;

 

(d)    

regulating the functions of the monitoring officer; and

 

(e)    

making such supplemental, incidental, consequential and

 

transitional provision as the Secretary of State considers

 

necessary or expedient.

 

(6)    

In this section, ‘monitoring officer’ means any person, other than the

 

responsible officer, specified in an alcohol monitoring requirement as the

 

person to whom samples must be provided.”.

 

(2)    

Schedule (Alcohol monitoring requirement) makes further amendments to the

 

Criminal Justice Act 2003.’.

 


 

Youth rehabilitation orders: alcohol monitoring requirement

 

Mr Matthew Offord

 

NC11

 

To move the following Clause:—

 

‘(1)    

In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph

 

24 insert—

 

“24A  

Alcohol monitoring requirement

 

(1)    

In this Part “alcohol monitoring requirement”, in relation to a youth

 

rehabilitation order, means a requirement that during a period specified

 

in the order, the offender must—

 

(a)    

not consume alcohol,

 

(b)    

for the purpose of ascertaining whether there is alcohol in the

 

offender’s body, provide samples of such description as may be

 

determined, at such times or in such circumstances as may

 

(subject to the provisions of the order) be determined by the

 

responsible officer or by the person specified as the person to

 

whom the samples are to be provided, and

 

(c)    

pay such amount in respect of the costs of taking and analysing

 

the sample as may be specified in the order.


 
 

Public Bill Committee: 17 February 2011                  

734

 

Police Reform and Social Responsibility Bill, continued

 
 

(2)    

A court may not impose an alcohol monitoring requirement unless—

 

(a)    

it is satisfied that—

 

(i)    

the offender has a propensity to misuse alcohol and

 

expresses willingness to comply with the alcohol

 

monitoring requirement, or

 

(ii)    

the misuse by the offender of alcohol caused or

 

contributed to the offence in question, and

 

(b)    

the court has been notified by the Secretary of State that

 

arrangements for implementing the requirement are available in

 

the local justice area proposed to be specified in the order.

 

(3)    

A youth rehabilitation order imposing an alcohol monitoring requirement

 

must provide that the results of any tests carried out on any samples

 

provided by the offender to the monitoring officer in pursuance of the

 

requirement are to be communicated to the responsible officer.

 

(4)    

Where the offender has not attained the age of 17, the order must provide

 

for the sample to be provided in the presence of an appropriate adult.

 

(5)    

The Secretary of State may from time to time give guidance about the

 

exercise of the function of making determinations as to the provision of

 

samples pursuant to sub-paragraph (1)(b).

 

(6)    

The Secretary of State makes rules for all or any of the following

 

purposes:

 

(a)    

regulating the provision of samples pursuant to an alcohol

 

monitoring requirement, including hours of attendance, interval

 

between samples and the keeping of attendance records;

 

(b)    

regulating the provision and carrying on of a facility for the

 

testing of samples;

 

(c)    

determining the maximum and minimum fee that may be

 

specified under sub-paragraph (1)(c), and the frequency of such

 

payments;

 

(d)    

regulating the functions of the monitoring officer; and

 

(e)    

making such supplemental, incidental, consequential and

 

transitional provision as the Secretary of State considers

 

necessary or expedient.

 

(7)    

In this paragraph—

 


 

        “appropriate adult” means—

 

(a)    

the offender’s parent or guardian or, if the offender is in the care

 

of a local authority or voluntary organisation, a person

 

representing that authority or organisation,

 

(b)    

a social worker of the local authority, or

 

(c)    

if no person falling within paragraph (a) or (b) is available, any

 

responsible person aged 18 or over who is not a police officer or

 

a person employed by the police;

 

    

“monitoring officer” means any person, other than the responsible

 

officer, specified in an alcohol monitoring requirement as the person to

 

whom samples must be provided.”.


 
 

Public Bill Committee: 17 February 2011                  

735

 

Police Reform and Social Responsibility Bill, continued

 
 

(2)    

Schedule (Youth rehabilitation orders: alcohol monitoring requirement) makes

 

further amendments to the Criminal Justice and Immigration Act 2008.’.

 


 

New Schedules

 

Nick Herbert

 

NS3

 

To move the following Schedule:—

 

‘Police reform: minor and consequential amendments

 

Part 1

 

Police Act 1996

 

1          

The Police Act 1996 is amended in accordance with this Part.

 

2          

For the italic cross-heading before section 1 substitute—

 

Police areas and police forces

 

3          

Omit the italic cross-heading before section 2.

 

4    (1)  

Section 2 (maintenance of police forces) is amended in accordance with this

 

paragraph.

 

      (2)  

The existing provision of section 2 becomes subsection (1) of that section.

 

      (3)  

After that subsection, insert—

 

“(2)    

For further provision about the maintenance of those police forces, see

 

Chapter 1 of Part 1 of the Police Reform and Social Responsibility Act

 

2011.”.

 

5          

Omit—

 

(a)    

sections 3 to 5, and

 

(b)    

the italic cross-heading before section 5A.

 

6    (1)  

Section 5A (maintenance of the metropolitan police force) is amended in

 

accordance with this paragraph.

 

      (2)  

The existing provision of section 5A becomes subsection (1) of that section.

 

      (3)  

After that subsection, insert—

 

“(2)    

For further provision about the maintenance of the metropolitan police

 

force, see Chapter 2 of Part 1 of the Police Reform and Social

 

Responsibility Act 2011.”.

 

7          

Omit sections 5B to 6.

 

8          

Before section 6ZA insert the following cross-heading—

 

The City of London”.

 

9          

After that cross-heading insert—

 

“6AZA

Common Council to remain police authority for City

 

    

The Common Council of the City of London is to continue to be the

 

police authority for the City of London police area.”.

 

10  (1)  

Section 6ZA (power to confer particular functions on police authorities) is

 

amended in accordance with this paragraph.


 
 

Public Bill Committee: 17 February 2011                  

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Police Reform and Social Responsibility Bill, continued

 
 

      (2)  

In the title, for “police authorities” substitute “the Common Council”.

 

      (3)  

In subsection (1), for “police authorities” substitute “the Common Council”.

 

      (4)  

In subsection (2)—

 

(a)    

for “a police authority” substitute “the Common Council”;

 

(b)    

for “police force maintained for its area” substitute “the City of

 

London police force”;

 

(c)    

for “the authority” substitute “the Common Council”.

 

      (5)  

In subsection (3), for paragraphs (a) and (b) substitute—

 

“(a)    

the Common Council,

 

(b)    

the Commissioner of Police for the City of London, and”.

 

      (6)  

Omit subsection (4).

 

11  (1)  

Section 6ZB (plans by police authorities) is amended in accordance with this

 

paragraph.

 

      (2)  

In the title, for “police authorities” substitute “the Common Council”.

 

      (3)  

In subsection (1)—

 

(a)    

for “every police authority” substitute “the Common Council”;

 

(b)    

for “the authority’s” substitute “the Common Council’s”;

 

(c)    

for “its area” substitute “the City of London police area, and for the

 

discharge by the City of London Police of its national or international

 

functions”.

 

      (4)  

In subsection (3)—

 

(a)    

for “a police authority” substitute “the Common Council”;

 

(b)    

for “relevant chief officer of police” substitute “Commissioner of

 

Police for the City of London”;

 

(c)    

for “the authority” substitute “the Common Council”.

 

      (5)  

In subsection (4)—

 

(a)    

for “a police authority” substitute “the Common Council”;

 

(b)    

for “relevant chief officer of police” (in the first place) substitute

 

“Commissioner of Police for the City of London”;

 

(c)    

for “authority for” substitute “Common Council for”;

 

(d)    

for “Authority shall” substitute “Common Council shall”;

 

(e)    

for “relevant chief officer of police” (in the second place) substitute

 

“Commissioner of Police for the City of London”.

 

      (6)  

In subsection (8), for paragraphs (a) and (b) substitute—

 

“(a)    

the Common Council,

 

(b)    

the Commissioner of Police for the City of London, and”.

 

      (7)  

Omit subsection (9).

 

      (8)  

Omit subsection (11).

 

12  (1)  

Section 6ZC (reports by police authorities) is amended in accordance with this

 

paragraph.

 

      (2)  

In the title, for “police authorities” substitute “the Common Council”.

 

      (3)  

In subsection (1)—

 

(a)    

for “police authorities” substitute “the Common Council”;

 

(b)    

for “policing of their areas” substitute “discharge of the Common

 

Council’s functions”.

 

      (4)  

In subsection (3), for paragraphs (a) and (b) substitute—

 

“(a)    

the Common Council,

 

(b)    

the Commissioner of Police for the City of London, and”.

 

      (5)  

Omit subsection (4).


 
 

Public Bill Committee: 17 February 2011                  

737

 

Police Reform and Social Responsibility Bill, continued

 
 

13         

Omit sections 8A to 9G.

 

14         

Before section 9H insert—

 

Police ranks”.

 

15         

Omit sections 10 to 12A.

 

16         

Omit sections 14 to 17.

 

17         

Before section 18 insert—

 

City of London”.

 

18  (1)  

Section 18 (supply of goods and services) is amended in accordance with this

 

paragraph.

 

      (2)  

In subsection (1), omit paragraph (a).

 

      (3)  

In subsection (1)(b)—

 

(a)    

for “shall also apply with that modification” substitute “shall,”;

 

(b)    

at the end insert “, apply with the modification set out in subsection

 

(2)”.

 

      (4)  

In subsection (3)—

 

(a)    

for “A police authority” substitute “The Common Council in its

 

capacity as police authority”;

 

(b)    

for “another police authority” substitute “another local policing

 

body”;

 

(c)    

for “a police authority collaboration agreement” substitute “force

 

collaboration provision in a collaboration agreement”.

 

19         

Omit sections 19 to 21

 

20         

Omit the heading “General provisions” before section 22.

 

21  (1)  

Section 22 (reports by chief constables to police authorities) is amended as

 

follows.

 

      (2)  

In subsection (1)—

 

(a)    

for “Every chief officer of police of a police force” substitute “The

 

Commissioner of Police for the City of London”;

 

(b)    

for “police authority” substitute “Common Council”;

 

(c)    

for the words from “the area” to “maintained” substitute “the City of

 

London police area”.

 

      (3)  

In subsection (2), for “A chief officer” substitute “The chief constable”.

 

      (4)  

In subsection (3)—

 

(a)    

for “The chief officer of police of a police force” substitute “The

 

Commissioner of Police for the City of London”;

 

(b)    

for “police authority” substitute “Common Council”;

 

(c)    

for “that authority” substitute “the Common Council”;

 

(d)    

for “area for which the force is maintained” substitute “City of London

 

police area”.

 

      (5)  

In subsection (4), for “police authority” substitute “Common Council”.

 

      (6)  

In subsection (5)—

 

(a)    

for “chief officer” substitute “Commissioner of Police for the City of

 

London”;

 

(b)    

for “police authority” substitute “Common Council”;

 

(c)    

for “that authority” substitute “the Common Council”.

 

      (7)  

In subsection (6)—

 

(a)    

for “police authority” substitute “Common Council”;

 

(b)    

for “the authority” substitute “the Common Council”.


 
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Revised 17 February 2011