Session 2010 - 11
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1713

House of Commons

Notices of Amendments

given up to and including

Monday 28 March 2011

New Amendments handed in are marked thus

Consideration of Bill

---

Police Reform and Social Responsibility Bill, As Amended

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New Clauses

Power for licensing authorities to set fees

Secretary Theresa May

NC1

To move the following Clause:—

‘(1)	The Licensing Act 2003 is amended as follows.

(2)	After section 197 insert—

“197A

Regulations about fees

(1)	Subsection (2) applies where the Secretary of State makes regulations

under this Act prescribing the amount of any fee.

(2)	The Secretary of State may, in determining the amount of the fee, have

regard, in particular, to—

(a)	the costs of any licensing authority to whom the fee is to be

payable which are referable to the discharge of the function to

which the fee relates, and

(b)	the general costs of any such licensing authority;

and may determine an amount by reference to fees payable to, and costs

of, any such licensing authorities, taken together.

(3)	A power under this Act to prescribe the amount of a fee includes power

to provide that the amount of the fee is to be determined by the licensing

authority to whom it is to be payable.

(4)	Regulations which so provide may also specify constraints on the

licensing authority’s power to determine the amount of the fee.

(5)	Subsections (6) and (7)—

Notices of Amendments: 28 March 2011

1714

Police Reform and Social Responsibility Bill, continued

(a)	apply where, by virtue of subsection (3), regulations provide that

the amount of a fee is to be determined by a licensing authority,

and

(b)	are subject to any constraint imposed under subsection (4).

(6)	The licensing authority—

(a)	must determine the amount of the fee (and may from time to time

determine a revised amount),

(b)	may determine different amounts for different classes of case

specified in the regulations (but may not otherwise determine

different amounts for different cases), and

(c)	must publish the amount of the fee as determined from time to

time.

(7)	In determining the amount of the fee, the licensing authority must seek to

secure that the income from fees of that kind will equate, as nearly as

possible, to the aggregate of—

(a)	the licensing authority’s costs referable to the discharge of the

function to which the fee relates, and

(b)	a reasonable share of the licensing authority’s general costs;

and must assess income and costs for this purpose in such manner as it

considers appropriate.

197B	Regulations about fees: supplementary provision

(1)	Subsections (2) and (3) apply for the purposes of section 197A.

(2)	References to a licensing authority’s costs referable to the discharge of a

function include, in particular—

(a)	administrative costs of the licensing authority so far as they are

referable to the discharge of the function, and

(b)	costs in connection with the discharge of the function which are

incurred by the licensing authority acting—

(i)	under this Act, but

(ii)	in a capacity other than that of licensing authority

(whether that of local authority, local planning authority

or any other authority).

(3)	References to the general costs of a licensing authority are to costs of the

authority so far as they are referable to the discharge of functions under

this Act in respect of which no fee is otherwise chargeable and include,

in particular—

(a)	costs referable to the authority’s functions under section 5;

(b)	costs of or incurred in connection with the monitoring and

enforcement of Parts 7 and 8 of this Act;

(c)	costs incurred in exercising functions conferred by virtue of

section 197A.

(4)	To the extent that they prescribe the amount of a fee or include provision

made by virtue of section 197A(3) or (4), regulations may—

(a)	make provision which applies generally or only to specified

authorities or descriptions of authority, and

(b)	make different provision for different authorities or descriptions

of authority.

(5)	Subsection (4) is not to be taken to limit the generality of section 197.”.

Notices of Amendments: 28 March 2011

1715

Police Reform and Social Responsibility Bill, continued

(3)	In section 10(4) (sub-delegation of functions by licensing committee etc)—

(a)	omit “or” at the end of paragraph (c), and

(b)	after paragraph (d) insert “or

(e)	any function conferred by virtue of section 197A

(regulations about fees).”.’.

Alcohol disorder zones: repeal

Secretary Theresa May

NC2

To move the following Clause:—

‘Sections 15 to 20 of the Violent Crime Reduction Act 2006 (alcohol disorder

zones) are repealed.’.

General duties of licensing authorities

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

NC3

To move the following Clause:—

‘(1)	The Licensing Act 2003 is amended as follows.

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

“(2)    

(a)	protecting and improving public health.”.’.

Commencement of Part 1

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

NC4

To move the following Clause:—

‘The Secretary of State must not make an order to bring sections 1 to 103 of this

Act into force until—

(a)	an inquiry by Her Majesty’s Inspectorate of Constabulary into the impact

of the introduction of police and crime commissioners in England and

Wales has been completed, and

Notices of Amendments: 28 March 2011

1716

Police Reform and Social Responsibility Bill, continued

(b)	the Secretary of State has considered the recommendations of that

inquiry.’.

Memorandum of Understanding

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

NC5

To move the following Clause:—

‘(1)	The Secretary of State must publish a Memorandum of Understanding on the

Operational Responsibility of Chief Constables detailing where their actions shall

be independent of the Police and Crime Commissioner.

(2)	The Secretary of State may by regulations made by statutory instrument bring

into force the Memorandum of Understanding published under subsection (1).

(3)	Regulations under subsection (2) may not be made unless a draft of the instrument

has been laid before, and approved by a resolution of each House of Parliament.’.

Issuing precepts

Mark Reckless

Zac Goldsmith

Mr David Ruffley

Mr Douglas Carswell

NC6

To move the following Clause:—

‘(1)	The police and crime commissioner must notify the relevant police and crime

panel (the “panel”) of the precept which the commissioner is proposing to issue

for the financial year (the “proposed precept”).

(2)	The panel must review the proposed precept and make a report to the

commissioner on the proposed precept, which may include recommendations,

including as to the proposed precept.

(3)	The commissioner must respond in writing to the panel, either to accept the

recommendations, in full or in part, or to reject them, and to state whether the

proposed precept is revised or unchanged following consideration of the panel’s

report.

(4)	The proposed precept will then be fixed as the precept under section 40 of the

Local Government Act 1992 unless the panel rejects the proposed precept by at

least three-quarters of the persons who are members of the panel at such time

voting for such rejection.

(5)	If, following such rejection, the panel and the police and crime commissioner

agree within 14 days a proposed precept, then the police and crime commissioner

shall issue that proposed precept as the precept for the financial year.

Notices of Amendments: 28 March 2011

1717

Police Reform and Social Responsibility Bill, continued

(6)	Otherwise the panel shall propose an alternative precept, and provision shall be

made by the participating authorities for a referendum across the relevant police

force area to determine whether the precept proposed by the commissioner, or the

alternative precept proposed by the panel, shall be fixed as the precept for the

financial year.

(7)	The Secretary of State may make regulations with regard to the timing of the

provisions of this Clause and the procedures that are to be followed in respect of

a referendum described in sub-Clause (6).’.

Paul Murphy

Mr Elfyn Llwyd

Jessica Morden

Paul Flynn

Dr Hywel Francis

Susan Elan Jones

Total signatories: 10

3

Page  1,  line  7  [Clause  1],  after ‘area’, insert ‘except those in Wales’.

Mark Reckless

Keith Vaz

Mr David Ruffley

149

Page  2,  line  44  [Clause  2],  at end insert ‘such that the police and crime

commissioner shall have no involvement in decisions with respect to individual

investigations and arrests.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

155

Page  4,  line  15  [Clause  3],  at end insert—

‘(8A)

The Mayor’s Office for Policing and Crime must not ask, require or encourage

the Commissioner of Police of the Metropolis to act in a manner which could—

(a)	put the Commissioner in breach of his attestation under oath in

accordance with Schedule 4 of the Police Act 1996; or

(b)	conflict with the Commissioner’s exercise of direction and control under

section 4(3).

(8B)	If the Commissioner of Police of the Metropolis reasonably believes that the

Mayor’s Office for Policing and Crime has asked, required or encouraged him to

act in a manner that is prohibited under subsection (8A), he may notify the

London Assembly police and crime panel.

Notices of Amendments: 28 March 2011

1718

Police Reform and Social Responsibility Bill, continued

(8C)	For the avoidance of doubt, any purported direction by the Mayor’s Office for

Policing and Crime under subsection (8A) has no legal effect.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

72

Page  5,  line  12  [Clause  5],  leave out subsection (3) and insert—

‘(3)	Thereafter, a police and crime commissioner shall issue a police and crime plan

before the beginning of each financial year.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

73

Page  5,  line  14  [Clause  5],  leave out subsection (4).

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

74

Page  5,  line  15  [Clause  5],  leave out ‘or varying’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

75

Page  5,  line  18  [Clause  5],  leave out ‘or varying’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

91

Page  5,  line  18  [Clause  5],  leave out subsection (6) and insert—

‘(6)	Before issuing a police and crime plan, a police and crime commissioner must

consult the chief constable and the police and crime panel for the police force

area.

(6A)	A draft of a police and crime plan required to be issued by the police and crime

commissioner under this section shall be prepared by the relevant chief constable

and submitted by him to the police and crime commissioner for him to consider.

(6B)	Before issuing a police and crime plan, a police and crime commissioner must—

(a)	send the draft plan to the relevant police and crime panel,

(b)	have regard to any report or recommendations made by the panel in

relation to the draft plan (see section 28(2)),

Notices of Amendments: 28 March 2011

1719

Police Reform and Social Responsibility Bill, continued

(c)	give the panel a response to any such report or recommendations which

must include the reasons why individual recommendations have, or have

not, been accepted, and

(d)	publish any such response.’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

76

Page  5,  line  20  [Clause  5],  leave out ‘or variation’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

77

Page  5,  line  21  [Clause  5],  leave out ‘or variation’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

78

Page  5,  line  23  [Clause  5],  leave out ‘or variation’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

79

Page  5,  line  25  [Clause  5],  leave out ‘or variation’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

92

Page  5,  line  28  [Clause  5],  leave out ‘(6)(c) and insert ‘(6B)(a)’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

81

Page  5,  line  32  [Clause  5],  leave out ‘or varying a’.

Secretary Theresa May

6

Page  5,  line  32  [Clause  5],  at end insert ‘if, and to the extent that, the plan or

variation is different from the draft prepared in accordance with subsection (6)’.

© Parliamentary copyright	Revised 29 March 2011