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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | Police Reform and Social Responsibility Bill Committee 13-14 |
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| | Police Reform and Social Responsibility Bill |
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| | | Referendum on establishment of police and crime commissioner |
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| | To move the following Clause:— |
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| | | ‘A referendum shall be held in each police area listed in Schedule 1 to the Police |
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| | | Act 1996 (Police areas outside london) on the establishment of a police and crime |
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| | | commissioner for that police area in which the referendum was held.’. |
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| | Clause 1, page 1, line 8, after ‘London)’, insert ‘, subject to the referendum result |
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| | in each police area as in accordance with section 1 of this Act.’. |
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| | Clause 1, page 2, line 32, leave out from first ‘police’ to end of line 33 and insert |
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| | ‘authority for a police area, as established under section 3 of the Police Act 1996, is |
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| | abolished upon the election of a police and crime commissioner to that police area.’. |
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| | Clause 28, page 20, line 9, at beginning insert ‘Upon the election of a police and |
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| | Clause 50, page 31, line 20, after ‘election”)’, insert ‘, subject to the referendum |
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| | result in each police area as in accordance with section 1 of this Act.’. |
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| | Clause 62, page 38, line 19, at beginning insert— |
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| | | ‘(A1) | Subsection (1) applies subject to the referendum result in each police area as in |
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| | | accordance with section 1 of this Act.’. |
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| | Clause 96, page 61, line 38, after ‘Schedule 1);’, insert— |
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| | | ‘(aa) | the existing police authority.’. |
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| | Clause 96, page 62, leave out line 16. |
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| | Clause 97, page 62, leave out line 39. |
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| | Schedule 10, page 131, line 8, leave out from ‘(1)(a)’ to end of line 10. |
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| | Schedule 11, page 136, line 18, after ‘commissioner’, insert— |
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| | | ‘(aa) | if the area (or any part of it) falls within the police area of an existing |
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| | To move the following Schedule:— |
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| | | ‘Referendum on establishment of police and crime commissioner |
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| | | (1) | A referendum on the establishment of a police and crime commissioner shall |
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| | | be held in each police area listed in Schedule 1 to the Police Act 1996 (Police |
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| | | areas outside London) in 2012— |
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| | | (a) | in England, on the day which is the ordinary day of election in that |
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| | | year of councillors for counties in England and districts (see sections |
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| | | 37 and 37A of the Representation of the People Act 1983), and |
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| | | (b) | in Wales, on the day which is the ordinary day of election in that year |
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| | | of councillors for counties in Wales and county boroughs (see sections |
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| | | (2) | Within six months of Royal Assent the Secretary of State must lay before |
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| | | Parliament an order containing the proposition to be voted on in the |
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| | | (3) | Before making the order the Secretary of State must consult— |
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| | | (a) | all local authorities within England and Wales, excluding the |
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| | | (b) | such persons as appear to the Secretary of State to represent the views |
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| | | of chief officers of police, |
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| | | (c) | such other persons as the Secretary of State sees fit. |
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| | | (4) | Those entitled to vote in the referendums shall be the persons who, on the date |
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| | | of the referendums would be entitled to vote as electors at a local government |
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| | | election in any electoral area in England and Wales, excluding the Metropolis. |
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| | | But an alteration in a register of electors under section 11(1) or (2) or 57 of the |
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| | | Representation of the People Act 1983 (Correction of registers and registration |
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| | | appeals) shall not have effect for the purposes of the referendum unless it is |
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| | | made before the start of the period of 11 days ending with the date of the |
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| | | (5) | The Secretary of State shall appoint a Chief Counting Officer for each police |
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| | | (6) | Each chief counting officer shall— |
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| | | (a) | conduct the counting of votes cast in the area for which he is |
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| | | (b) | certify, for each of the two forms of ballot paper, the number of ballot |
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| | | papers counted by him and the number of votes cast for each |
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| | | (7) | The Chief Counting Officer shall certify, for each of the two forms of ballot |
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| | | (a) | the ballot papers counted, and |
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| | | (b) | the votes cast for each proposition, for the whole of their police area.’. |
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| | Clause 5, page 5, line 19, after ‘constable’, insert ‘and relevant police and crime |
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| | Clause 5, page 5, line 25, leave out subsection (6)(f). |
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| | Clause 7, page 8, line 13, at end insert ‘but not how they are to be dealt with’. |
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| | Clause 7, page 8, line 21, after ‘police’, insert— |
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| | | ‘(ca) | police and crime panels,’. |
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| | Clause 11, page 10, line 44, at end insert— |
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| | | ‘(4A) | Before determining what information is necessary the body shall consult and have |
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| | | regard to the views of the relevant police and crime panel.’. |
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| | Clause 28, page 20, line 15, after ‘make’, insert ‘and publish’. |
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| | Clause 28, page 20, line 29, leave out ‘or’ and insert ‘and’. |
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| | Clause 29, page 21, line 16, leave out ‘and’. |
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| | Clause 29, page 21, line 16, after ‘staff’, insert ‘and the relevant chief constable’. |
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| | | Member’s explanatory statement
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| | | This amendment is intended to give the police and crime panels the power to require chief |
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| | | constables to attend the panel to answer questions that relate to the commissioner’s decisions and |
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| | | priorities. Under the Bill, the panels can require the commissioner and his staff to attend panel |
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| | | meetings but not the chief constable. |
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| | Clause 29, page 21, line 26, at end insert— |
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| | | ‘(4A) | A police and crime panel may require officers above the rank of Chief |
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| | | Superintendent from the relevant police force to attend before the panel or to |
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| | | respond in writing to answer any question which appears to the panel to be |
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| | | necessary in order to carry out its functions.’. |
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| | | Member’s explanatory statement
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| | | This amendment would give the police and crime panels the power to require chief constables to |
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| | | attend the panel to answer questions that relate to the commissioner’s decisions and priorities. |
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| | | Under the Bill the panels can require the commissioner and his staff to attend panel meetings, but |
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| | Clause 30, page 21, line 33, leave out ‘two years’ and insert ‘six months’. |
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| | | Member’s explanatory statement
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| | | This amendment would allow the police and crime panels to suspend the commissioner if they have |
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| | | been charged with an offence in the UK which carries a maximum term of imprisonment exceeding |
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| | | six months rather than two years. A range of criminal offences such as aggravated vehicle taking |
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| | | currently carry a sentence that does not exceed two years. |
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| | Clause 33, page 24, line 14, at end insert— |
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| | | ‘(da) | officers above the rank of Chief Superintendent from the Metropolitan |
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| | | Member’s explanatory statement
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| | | As the Bill stands, the London Assembly’s Police and Crime Panel has only the power to ‘summon’ |
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| | | the PCC and not senior police officers. This amendment would enable the Police and Crime Panel |
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| | | to require the attendance of ACPO rank police officers in order to more effectively carry out its |
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| | Clause 34, page 24, line 32, after ‘police’, insert ‘in consultation with the relevant |
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| | police and crime panel.’. |
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| | Clause 34, page 24, line 35, after ‘police’, insert ‘in consultation with the relevant |
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| | police and crime panel.’. |
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| | Clause 34, page 25, line 1, after ‘police’, insert ‘in consultation with the relevant |
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| | police and crime panel.’. |
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| | Clause 57, page 35, line 36, leave out from second ‘the’ to end of line 39 and insert |
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| | ‘alternative vote system.’. |
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| | Clause 57, page 35, line 40, leave out subsection (5) and insert— |
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| | | ‘(5) | Schedule [Alternative Vote System] has effect.’. |
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| | To move the following Schedule:— |
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| | | 1 | This Schedule applies to an election under Chapter 6 of Part 1 of a police and |
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| | | crime commissioner for a police area at which there are three or more |
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| | | How votes are to be given |
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| | | 2 (1) | A voter votes by marking the ballot paper with— |
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| | | (a) | the number 1 opposite the name of the candidate who is the voter’s |
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| | | first preference (or, as the case may be, the only candidate for whom |
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| | | the voter wishes to vote), |
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| | | (b) | if the voter wishes, the number 2 opposite the name of the candidate |
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| | | who is the voter’s second preference, and so on. |
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| | | (2) | The voter may mark as many preferences (up to the number of candidates) as |
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| | | How votes are to be counted |
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| | | 3 (1) | This rule sets out how votes are to be counted, in one or more stages of |
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| | | counting, in order to give effect to the preferences marked by voters on their |
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| | | ballot papers and so to determine which candidate is elected. |
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| | | (2) | Votes shall be allocated to candidates in accordance with voters’ first |
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| | | preferences and, if one candidate has more votes than the other candidates put |
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| | | together, that candidate is elected. |
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| | | (3) | If not, the candidate with the fewest votes is eliminated and that candidate’s |
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| | | votes shall be dealt with as follows— |
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| | | (a) | each vote cast by a voter who also ranked one or more of the remaining |
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| | | candidates shall be reallocated to that remaining candidate or (as the |
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| | | case may be) to the one that the voter ranked highest; |
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| | | (b) | any votes not reallocated shall play no further part in the counting. |
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| | | (4) | If, after that stage of counting, one candidate has more votes than the other |
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| | | remaining candidates put together, that candidate is elected. |
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| | | (5) | If not, the process mentioned in paragraph (3) above shall be repeated as many |
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| | | times as necessary until one candidate has more votes than the other remaining |
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| | | candidates put together, and so is elected. |
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| | | Information to be given by returning officer after each stage of counting |
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| | | 4 (1) | If no candidate is elected (as mentioned in rule 2(2)) at the first stage of |
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| | | counting, the returning officer shall, immediately after that stage, record and |
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| | | make publicly available the following information— |
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| | | (a) | the number of first-preference votes obtained by each candidate; |
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| | | (b) | which candidate was eliminated; |
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| | | (c) | the number of rejected ballot papers. |
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| | | (2) | Immediately after each subsequent stage of counting, except the final stage (on |
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| | | completion of which the requirements in rule 2(5) apply), the returning officer |
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| | | shall record and make publicly available the following information— |
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| | | (a) | the number of votes obtained by each candidate at that stage (including |
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| | | any reallocated in accordance with rule 1); |
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| | | (b) | which candidate was eliminated at that stage; |
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| | | (c) | the number of votes of the candidate eliminated at the previous stage |
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| | | that were not reallocated.’. |
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| | | Member’s explanatory statement
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| | | This Schedule sets out the proposed change to the voting system for the election of a |
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| | Clause 79, page 49, line 9, after ‘bodies’, insert— |
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| | | ‘(iia) | such persons as appear to the Secretary of State to represent the views of |
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| | | police and crime panels.’. |
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| | Page 60, line 25, leave out Clause 94. |
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| | Schedule 2, page 105, line 25, at end insert ‘for the purposes of employing staff’. |
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| | Schedule 2, page 106, line 29, at end insert ‘subject to a scheme of delegation |
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| | agreed by the relevant police and crime commissioner’. |
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| | Schedule 3, page 109, line 15, after ‘Crime’, insert ‘and any person appointed by |
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| | the Mayor’s Office for Policing and Crime to give advice.’. |
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| | Schedule 3, page 109, line 24, at end insert— |
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| | | ‘(3A) | These appointments should be subject to confirmation hearing under section |
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| | | 60(a) of the Great London Authority Act 1999’. |
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| | | Member’s explanatory statement
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| | | It is widely understood that there may be an intention to create an advisory board to the Mayor for |
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| | | Policing and Crime. These amendments seek to ensure that any such appointments are only made |
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| | | within the parameters of section 60(a) of the Greater London Authority Act 1999. |
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| | Schedule 5, page 113, line 8, leave out ‘three-quarters’ and insert ‘two-thirds’. |
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| | | Member’s explanatory statement
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| | | This is intended to lower the threshold for the police and crime panel to exercise its veto over the |
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| | | commissioner’s proposed precept to a majority of two-thirds (as against the three-quarters |
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