Session 2010 - 11
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Notices of Amendments: 28 March 2011

1734

Police Reform and Social Responsibility Bill, continued

Secretary Theresa May

26

Page  90,  line  38  [Clause  133],  leave out ‘different’ and insert ‘any’.

Secretary Theresa May

27

Page  90,  line  39  [Clause  133],  after ‘apply’, insert ‘in addition to any that currently

apply, or to cease to apply,’.

Secretary Theresa May

28

Page  91,  line  7  [Clause  133],  leave out ‘by virtue of section 132(1)(b) or (iii)’ and

insert ‘as the result of a relevant decision’.

Secretary Theresa May

29

Page  91,  line  11  [Clause  133],  at end insert—

‘( )	In subsection (4)(b), “relevant decision” means a decision under—

(a)	section 132(1)(b)(ii) or (iii), or

(b)	subsection (1)(c) of this section.’.

Secretary Theresa May

30

Page  92,  line  41  [Clause  135],  leave out from ‘all’ to ‘that’ in line 42 and insert

‘holders of relevant late night authorisations in’.

Secretary Theresa May

57

Page  97,  line  6  [Clause  144],  leave out ‘The constable or authorised officer’ and

insert ‘A constable’.

Secretary Theresa May

58

Page  97,  line  7  [Clause  144],  leave out from ‘under’ to end of line 8 and insert ‘this

section’.

Notices of Amendments: 28 March 2011

1735

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

71

Page  99,  line  25,  leave out Clause 149.

Paul Flynn

153

Page  100,  line  8  [Clause  151],  leave out from ‘omit’ to end of line and insert ‘a

number of persons comprising at least a third of the membership with wide and recent

experience of relevant areas of science or medicine.’.

Ann Clwyd

Sir Gerald Kaufman

Mr Elfyn Llwyd

Caroline Lucas

Jeremy Corbyn

Richard Burden

Total signatories: 30

Martin Caton

Alex Cunningham

Mrs Madeleine Moon

Jim Dowd

Sheila Gilmore

Valerie Vaz

Bill Esterson

Mr David Lammy

Mike Wood

Lisa Nandy

Andrew Miller

Mark Durkan

Kate Hoey

Glenda Jackson

Mr David Winnick

Mrs Mary Glindon

Paul Flynn

Mr George Howarth

Paul Murphy

Mr Mike Hancock

Michael Connarty

2

Page  100,  line  10,  leave out Clause 152.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

154

Page  100,  line  17  [Clause  152],  at end insert—

‘(a)	A specialist unit shall be established within the Crown Prosecution

Service, reporting to the Director of Public Prosecutions, so as to ensure

minimal delay in decisions relating to arrest warrants issued under this

section.

(b)	A specialist unit shall be established within the Metropolitan Police so as

to ensure minimal delay in the issuing of arrest warrants unden.’.

Notices of Amendments: 28 March 2011

1736

Police Reform and Social Responsibility Bill, continued

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

134

Page  102,  line  24  [Clause  156],  at end insert—

‘(2A)

Commencement of Part 1 of this Act is subject to Clause [Commencement of Part

1].’.

Vernon Coaker

Diana Johnson

Clive Efford

Mark Tami

135

Page  102  [Clause  156],  leave out line 27.

Secretary Theresa May

NS1

To move the following Schedule:—

‘Police and crime panels

Part 1

Type of panel which police area is to have

England

1    (1)

Each police area in England, other than the metropolitan police district, is to

have a police and crime panel established and maintained in accordance with

Part 2 of this Schedule.

(2)	But the Secretary of State may, by order, provide that any such police area is

to have (for as long as the order has effect) a police and crime panel established

and maintained in accordance with Part 3 of this Schedule (instead of a panel

established and maintained in accordance with Part 2).

(3)	The Secretary of State may make an order under sub-paragraph (2) in relation

to a single-authority police area only if the Secretary of State is of the opinion

that the relevant local authority has failed to nominate or appoint one or more

of its councillors as members of the panel in accordance with paragraphs 6 and

9.

(4)	The Secretary of State may make an order under sub-paragraph (2) in relation

to a multi-authority police area only if the Secretary of State is of the opinion

that all the relevant local authorities have (whether at the same time or at

different times) failed to nominate or appoint one or more of their councillors

as members of the panel—

(a)	in accordance with paragraphs 7 and 9 (in the case of a police area

which covers ten or more local authorities), or

(b)	in accordance with paragraphs 8 and 9 (in the case of a police area

which covers nine or fewer local authorities).

Notices of Amendments: 28 March 2011

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Police Reform and Social Responsibility Bill, continued

Wales

2	Each police area in Wales is to have a police and crime panel established and

maintained in accordance with Part 3 of this Schedule.

Part 2

Panels established by local authorities

Establishment and maintenance of panels

3    (1)

This Part of this Schedule applies in relation to each police area in England

(other than the metropolitan police district), unless an order under paragraph

1(2) has effect in relation to the police area.

(2)	The local authority or local authorities which such a police area covers must—

(a)	establish and maintain a police and crime panel for the police area, and

(b)	make the panel arrangements (see paragraph 23) for the police and

crime panel.

(3)	In the case of a multi-authority police area, all the relevant local authorities

must agree to the making or modification of the panel arrangements.

(4)	In the following provisions of this Part of this Schedule, a reference to a police

and crime panel is a reference to a panel established and maintained in

accordance with this paragraph.

Membership and status

4    (1)

A police and crime panel for a police area is to consist of the following

members—

(a)	the relevant number of persons properly appointed as members of the

panel; and

(b)	two members co-opted by the panel.

(2)	For the purposes of sub-paragraph (1), the “relevant number” is—

(a)	ten (if the police area covers ten or fewer local authorities); or

(b)	the number that is equal to the number of local authorities which the

police area covers (if the police area covers eleven or more local

authorities).

(3)	A police and crime panel is—

(a)	a committee of the relevant local authority (if it is the panel for a

single-authority police area), or

(b)	a joint committee of the relevant local authorities (if it is the panel for

a multi-authority police area).

(4)	A police and crime panel may not exercise any functions other than those

conferred by this Act.

Persons properly appointed as members of panels

5    (1)

In this Part of this Schedule, a reference to a person properly appointed as a

member of a police and crime panel is a reference to—

(a)	a person nominated by a relevant local authority to be a member of the

panel, and appointed by the authority as a member of the panel, in

accordance with paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs

8 and 9, or

Notices of Amendments: 28 March 2011

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Police Reform and Social Responsibility Bill, continued

(b)	a person nominated by the Secretary of State to be a member of the

panel, and appointed by the Secretary of State as a member of the

panel, in accordance with paragraph 10.

(2)	In the case of the police and crime panel for a multi-authority police area which

covers nine or fewer local authorities, the panel arrangements must make

provision as to the relevant local authority or authorities who are to have power

to appoint the extra members of the panel (see paragraph 8(3)(b)).

(3)	For that purpose “extra members” means the number of members of the panel

produced by this calculation—
10 — L

where L is the number of local authorities which the police area covers.

Single-authority police area: nomination by local authority

6    (1)

This paragraph applies in relation to the police and crime panel for a single-

authority police area.

(2)	If the number of appointed members of the police and crime panel is less than

the full complement, the relevant local authority may nominate the appropriate

number of its councillors to be members of the police and crime panel.

(3)	A relevant local authority may not make a nomination under this paragraph if,

and for as long as, a notice given to the authority by the Secretary of State

under paragraph 10(8) is in force.

(4)	In this paragraph—

“appropriate number” means the number that is equal to the difference

between—

(a)	the full complement; and

(b)	the number of appointed members of the panel;

“full complement” means ten members.

Police area covering ten or more local authorities: nomination by local authority

7    (1)

This paragraph applies in relation to the police and crime panel for a police

area which covers ten or more local authorities.

(2)	In a case where—

(a)	the number of appointed members of the police and crime panel is less

than the full complement, and

(b)	there is no member of the panel who was appointed by a particular

relevant local authority,

the authority may nominate one of its councillors to be a member of the police

and crime panel.

(3)	A relevant local authority may not make a nomination under this paragraph if,

and for as long as, a notice given to the authority by the Secretary of State

under paragraph 10(8) is in force.

(4)	In this paragraph, “full complement” means the number of appointed members

which the panel is to have by virtue of paragraph 4(1)(a).

Multi-authority police area covering nine or fewer local authorities: nomination by local

authority

8    (1)

This paragraph applies in relation to the police and crime panel for a multi-

authority police area which covers nine or fewer local authorities.

(2)	In a case where—

Notices of Amendments: 28 March 2011

1739

Police Reform and Social Responsibility Bill, continued

(a)	the number of appointed members of the police and crime panel is less

than the full complement,

(b)	a particular relevant local authority does not have power under the

panel arrangements to appoint an extra member of the panel (see

paragraph 5(2)), and

(c)	there is no member of the panel who was appointed by the authority,

the authority may nominate one of its councillors to be a member of the police

and crime panel.

(3)	In a case where—

(a)	the number of appointed members of the police and crime panel is less

than the full complement,

(b)	a particular relevant local authority has power under the panel

arrangements to appoint one or more extra members of the panel (see

paragraph 5(2)), and

(c)	the number of members of the panel who are members by virtue of

appointment by the authority is less than the authority’s quota of

members,

the authority may nominate the permitted number of its councillors to be

members of the police and crime panel.

(4)	A relevant local authority may not make a nomination under this paragraph if,

and for as long as, a notice given to the authority by the Secretary of State

under paragraph 10(8) is in force.

(5)	In this paragraph, in relation to a police and crime panel and a relevant local

authority—

“full complement” means ten members;

“permitted number” means the number that is equal to the difference

between—

(c)	the authority’s quota of members; and

(d)	the number of members of the panel who are members by virtue

of appointment by the authority;

“quota of members” means the number of members calculated by adding

one to the number of extra members of the panel which the authority has

power to appoint under the panel arrangements (see paragraph 5(2)).

Appointment after nomination by local authority

9    (1)

This paragraph applies where a relevant local authority makes a nomination

under paragraph 6, 7 or 8.

(2)	If the nominee accepts the nomination, the relevant local authority may

appoint the nominated councillor as a member of the panel.

(3)	If the nominee does not accept the nomination, the relevant local authority may

nominate another of its councillors to be a member of the police and crime

panel (and sub-paragraph (2) or this sub-paragraph applies accordingly, as if

the nomination were made under paragraph 6, 7 or 8).

Failure of local authority to appoint member: nomination and appointment by Secretary

of State

10  (1)

This paragraph applies if the Secretary of State is satisfied that—

(a)	the number of appointed members of a police and crime panel is less

than the full complement, and

(b)	a relevant local authority (the “defaulting local authority”)—

Notices of Amendments: 28 March 2011

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Police Reform and Social Responsibility Bill, continued

(i)	has failed to nominate or appoint one or more of its

councillors as members of the panel in accordance with

paragraphs 6 and 9, paragraphs 7 and 9, or paragraphs 8 and

9, or

(ii)	does not have power to make such a nomination and

appointment because of paragraph 6(3), 7(3) or 8(4).

(2)	The Secretary of State must nominate the appropriate number of persons who

are councillors of relevant local authorities to be members of the police and

crime panel.

(3)	Sub-paragraph (4) or (5) applies in relation to each nomination which the

Secretary of State is required to make under sub-paragraph (2).

(4)	If the nominee accepts the nomination, the Secretary of State must appoint the

nominated councillor as a member of the panel.

(5)	If the nominee does not accept the nomination, the Secretary of State must

nominate another person who is a councillor of a relevant local authority to be

a member of the police and crime panel (and sub-paragraph (4) or this sub-

paragraph applies accordingly, as if the nomination were made under sub-

paragraph (2)).

(6)	In complying with this paragraph in relation to the police and crime panel for

a multi-authority police area, the Secretary of State must secure (as far as is

reasonably practicable) that the fair representation objective is met.

(7)	The “fair representation objective” referred to in sub-paragraph (6) is—

(a)	in the case of a police area which covers ten or more local authorities,

the objective that each relevant local authority has only one of its

councillors as a member of the panel;

(b)	in the case of a police area which covers nine or fewer local

authorities, the objective that each relevant local authority has at least

one of its councillors as a member of the panel.

(8)	If the Secretary of State—

(a)	is satisfied that a relevant local authority has failed to nominate or

appoint one or more of its councillors as members of the panel as

mentioned in sub-paragraph (1)(b), and

(b)	is considering whether to exercise, has decided to exercise, or has

exercised, the power under this paragraph to make a nomination,

the Secretary of State may give the authority notice that the Secretary of State

is satisfied as mentioned in paragraph (a) of this sub-paragraph.

(9)	A notice given under sub-paragraph (8) may be withdrawn by the Secretary of

State at any time.

(10)	For the purposes of sub-paragraph (1)(b)(i), it is irrelevant that a relevant local

authority which has failed to nominate or appoint a councillor as a member of

the panel—

(a)	may have power under any of paragraphs 6 to 9 to make a further

nomination; or

(b)	is complying with, or has complied with, the panel arrangements

relating to that panel.

(11)	In this paragraph—

“appropriate number” means the number that is equal to the difference

between—

(e)	the full complement; and

(f)	the number of appointed members of the panel;

“full complement” means the number of appointed members which the

panel is to have by virtue of paragraph 4(1)(a).

© Parliamentary copyright	Revised 29 March 2011